Date lodged: 25 January 2017
To ask the Scottish Government, in light of the Supreme Court's judgement of 24 January 2017 in respect of the triggering of Article 50 in relation to the UK leaving the EU and, in light of the Supreme Court limiting the Lord Advocate to legal argument based on devolved issues, whether it plans to take further legal action or appeal to the Court of Justice of the European Union.
Answered by: James Wolffe QC 8 February 2017
In R (Miller) v. Secretary of State for Exiting the European Union the UK Supreme Court decided that the UK Government may not lawfully notify the European Council under Article 50 TEU of the UK's intention to withdraw from the European Union without the authority of an Act of the UK Parliament.
The decision of the UK Supreme Court on these issues is final. There is no right of appeal from the UK Supreme Court to the Court of Justice of the European Union. The Scottish Government will keep under review the question of what steps it should take to defend Scotland’s interests and the role of the Scottish Parliament as the process of triggering Article 50 and negotiating the UK exit from the EU continues.