Scotland’s most senior law officer has applied to intervene in two legal cases aimed at preventing Boris Johnson from suspending Parliament ahead of Brexit.
The Lord Advocate, James Wolffe QC, is seeking permission to make representations to hearings at the Court of Session in Edinburgh and the High Court in London.
If his application is approved, Mr Wolffe – the Scottish Government’s top legal adviser – will argue proroguing Parliament prevents scrutiny and represents an abuse of executive power.
Scottish Brexit Secretary Michael Russell said: “Accountable government is a fundamental principle of our democracy.
“This attempt to suspend the UK Parliament at such a critical time is a clear attempt to silence opposition and must be resisted.
“The democratic wishes of the Scottish people and the Scottish Parliament should not be allowed to be brushed aside as if they did not matter.”
More than 70 MPs and peers want the Court of Session to rule that suspending Parliament to ensure the UK leaves the EU without a deal is “unlawful and unconstitutional”.
A full hearing will be held before Lord Doherty today.
Meanwhile, a similar legal bid has been launched at the High Court by anti-Brexit campaigner Gina Miller.
Aidan O’Neill QC, a lawyer acting for the cross-party group of MPs and peers, previously told the Court of Session that Mr Johnson’s decision to suspend Parliament for five weeks ahead of Brexit is an abuse of power unprecedented since the age of the Stuart kings.
He insisted: “We do not live in a totalitarian state.”
Labour MP Ian Murray, one of the petitioners, said: “This court action has been taken because we believe it is unconstitutional for any minister to deny sufficient time for proper Parliamentary scrutiny of Brexit.
“We are seeking to prevent Boris Johnson proroguing Parliament and riding roughshod over British democracy.
“At the same time, in Parliament we will seek to prevent a catastrophic no-deal Brexit, and I urge Scottish Conservative MPs in particular to put the country before their party.”
The Queen has already agreed to Mr Johnson’s request for an extended suspension of Westminster ahead of a new parliamentary term on October 14.
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