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Scottish voice 'must be heard' on Brexit Scottish voice 'must be heard' on Brexit
(35 minutes later)
Scotland's Brexit secretary has insisted it is "right and proper" that the country's voice is heard during a landmark legal hearing on Brexit. Scotland's Brexit secretary has insisted it is "right and proper" that the Scottish government is heard during a landmark legal hearing on Brexit.
The Supreme Court is to examine whether UK parliament consent is needed before negotiations with the EU can begin.The Supreme Court is to examine whether UK parliament consent is needed before negotiations with the EU can begin.
On Wednesday, Scotland's top law officer, the Lord Advocate, will argue that Holyrood should also be consulted.On Wednesday, Scotland's top law officer, the Lord Advocate, will argue that Holyrood should also be consulted.
Brexit secretary Michael Russell said leaving the EU would have a "profound impact" on Scotland.Brexit secretary Michael Russell said leaving the EU would have a "profound impact" on Scotland.
And he argued that the distinct Scottish legal system and constitutional traditions meant it was important that the country has a say.And he argued that the distinct Scottish legal system and constitutional traditions meant it was important that the country has a say.
The case, which will start on Monday morning and is expected to last four days, is the result of the UK government appealing against last month's High Court ruling that only Parliament has the authority to trigger Article 50.The case, which will start on Monday morning and is expected to last four days, is the result of the UK government appealing against last month's High Court ruling that only Parliament has the authority to trigger Article 50.
The Supreme Court subsequently granted a request by Lord Advocate James Wolffe QC, to intervene in the case on behalf of the Scottish government.The Supreme Court subsequently granted a request by Lord Advocate James Wolffe QC, to intervene in the case on behalf of the Scottish government.
He will draw on a range of constitutional laws - including the Act of Union from 1707 and the Scotland Act which set up the Scottish Parliament - as he attempts to convince the 11 judges that Holyrood should have a formal role in the process of triggering Brexit.He will draw on a range of constitutional laws - including the Act of Union from 1707 and the Scotland Act which set up the Scottish Parliament - as he attempts to convince the 11 judges that Holyrood should have a formal role in the process of triggering Brexit.
But the UK government believes that the EU referendum result means it can make the decision to trigger Article 50 without votes in any parliament, and says the devolved Scottish, Welsh and Northern Irish administrations have no powers over foreign affairs.But the UK government believes that the EU referendum result means it can make the decision to trigger Article 50 without votes in any parliament, and says the devolved Scottish, Welsh and Northern Irish administrations have no powers over foreign affairs.
The Welsh government and the Attorney General for Northern Ireland have also intervened in the case, with the Supreme Court judges expected to deliver their verdict in January.The Welsh government and the Attorney General for Northern Ireland have also intervened in the case, with the Supreme Court judges expected to deliver their verdict in January.
The BBC's legal correspondent Clive Coleman summarises the points at stakeThe BBC's legal correspondent Clive Coleman summarises the points at stake
Read Clive's full analysisRead Clive's full analysis
Speaking ahead of the start of the case, Mr Russell told BBC Scotland that the the issues "should not be ventilated without a Scottish voice being heard".Speaking ahead of the start of the case, Mr Russell told BBC Scotland that the the issues "should not be ventilated without a Scottish voice being heard".
He said: "Those who seek to exclude Scotland from this are the same people who claimed that Scotland was welcome as a part of the Union during the 2014 referendum, and said we had much to contribute from our distinctive stance - they should think again about what they are saying.He said: "Those who seek to exclude Scotland from this are the same people who claimed that Scotland was welcome as a part of the Union during the 2014 referendum, and said we had much to contribute from our distinctive stance - they should think again about what they are saying.
"This is exercising the rights that exist under law and making sure there is an understanding of difference within these islands."This is exercising the rights that exist under law and making sure there is an understanding of difference within these islands.
How to follow the court hearingHow to follow the court hearing
Mr Russell accepted that the Scottish Parliament did not have a veto over Brexit, but said there is a convention enshrined in the most recent Scotland Act in terms of legislative consent.Mr Russell accepted that the Scottish Parliament did not have a veto over Brexit, but said there is a convention enshrined in the most recent Scotland Act in terms of legislative consent.
He added: "There is an element of politeness in this too. If you are passing legislation that will have a very profound effect upon Scotland, on the powers of the Scottish government, on the practice and operation of the Scottish Parliament, it is right and proper that those bodies should be consulted and should be taken into account.He added: "There is an element of politeness in this too. If you are passing legislation that will have a very profound effect upon Scotland, on the powers of the Scottish government, on the practice and operation of the Scottish Parliament, it is right and proper that those bodies should be consulted and should be taken into account.
"And I think even on that level of relations between one government and another there is a huge issue in here.""And I think even on that level of relations between one government and another there is a huge issue in here."
The High Court ruling was won by Gina Miller, 51, an investment fund manager and philanthropist who was selected to bring the lead case.The High Court ruling was won by Gina Miller, 51, an investment fund manager and philanthropist who was selected to bring the lead case.
'Respect the result''Respect the result'
She reported that her high-profile role had led to death threats and she had spent £60,000 on security, but she is returning to the battle represented once more by Lord Pannick QC.She reported that her high-profile role had led to death threats and she had spent £60,000 on security, but she is returning to the battle represented once more by Lord Pannick QC.
Her case is being supported by "concerned citizens" drawn from all walks of life, including London hairdresser Deir Dos Santos, 37, who helped start the legal battle over Brexit but, say his lawyers, has been forced underground after receiving "vile" hate mail.Her case is being supported by "concerned citizens" drawn from all walks of life, including London hairdresser Deir Dos Santos, 37, who helped start the legal battle over Brexit but, say his lawyers, has been forced underground after receiving "vile" hate mail.
The UK government will be represented by Attorney General Jeremy Wright, who said: "The country voted to leave the European Union in a referendum provided for by an Act of Parliament.The UK government will be represented by Attorney General Jeremy Wright, who said: "The country voted to leave the European Union in a referendum provided for by an Act of Parliament.
"The government is determined to respect the result of the referendum. The government's case is that it does have legal power to trigger Article 50 on the timetable set out by the prime minister."The government is determined to respect the result of the referendum. The government's case is that it does have legal power to trigger Article 50 on the timetable set out by the prime minister.
"We do not believe another Act of Parliament is necessary.""We do not believe another Act of Parliament is necessary."