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Sturgeon to meet Europe advisors as judges rule on Brexit Court rejects Scottish government Article 50 argument
(about 11 hours later)
First Minister Nicola Sturgeon is to convene a meeting of her council of advisors on Europe as the Supreme Court prepares to rule on triggering Brexit. Judges at the Supreme Court have rejected the Scottish government's argument that Holyrood should get a say on the triggering of Article 50.
Judges will rule whether Prime Minister Theresa May can invoke Article 50 without a vote by MPs, and on whether devolved governments should get a say. The court decided that MPs must have a say on starting the formal process of Brexit via an act of parliament.
Ms Sturgeon has pledged to hold a Holyrood vote on the matter regardless of what the judges say. However, they also rejected arguments from the Lord Advocate that devolved administrations should also have a say.
Meanwhile, MSPs on the Europe committee are continuing talks in Brussels. First Minister Nicola Sturgeon has pledged to hold a Holyrood vote on the matter regardless of the ruling.
Judges in London will rule on the legal challenge over the triggering of Brexit from about 09:30. Ministers wanted to invoke Article 50 of the Lisbon Treaty, the formal process for leaving the European Union, without consulting the Westminster parliament.
Ministers say they can invoke Article 50 of the Lisbon Treaty, the formal process for leaving the European Union, without consulting the Westminster parliament. Campaigners disputed this, saying the referendum result alone does not give ministers the power to change the British constitution and supersede legislation.
Campaigners dispute this, saying the referendum result alone does not give ministers the power to change the British constitution and supersede legislation. The Supreme Court justices backed the challenge by eight votes to three, with President Lord Neuberger summarising their ruling as: "The Government cannot trigger Article 50 without an Act of Parliament authorising it to do so."
With Jeremy Corbyn pledging the support of Labour MPs to backing the government on Article 50, a defeat in court would not derail the Brexit process, although it could pose complications. With Jeremy Corbyn pledging the support of Labour MPs to backing the government on Article 50, the defeat in court is not expected to derail the Brexit process, although it could pose complications.
The SNP and Lib Dems have vowed to vote against invoking Article 50 if it does go to a vote at Westminster.The SNP and Lib Dems have vowed to vote against invoking Article 50 if it does go to a vote at Westminster.
'Fatally undermined' Analysis
By Nick Eardley, BBC Scotland Westminster correspondent
This is a significant ruling as it makes clear that the government alone can't start the Brexit process. But legally, the consent of Holyrood isn't needed.
Brexit now returns to the political realm - and the fundamental political arguments remain the same.
The SNP will try to amend the legislation to give the Scottish government a say through the joint ministerial council. The UK government will continue to argue it is seeking to carry out the will of the UK electorate and this is a UK-wide issue.
And the divisions the referendum result threw up are likely to resurface in the commons. It's feasible that, if no amendments are accepted, 58 of Scotland's 59 MPs could vote against triggering Article 50.
Today's decision doesn't stop Brexit. It might not even delay triggering Article 50.
Meanwhile, the Scottish government was also represented in the Supreme Court case, with Lord Advocate James Wolffe arguing Holyrood's consent should also be sought due to the "significant changes" Brexit would have on devolved powers.Meanwhile, the Scottish government was also represented in the Supreme Court case, with Lord Advocate James Wolffe arguing Holyrood's consent should also be sought due to the "significant changes" Brexit would have on devolved powers.
Lawyers representing the UK government refuted this, saying the argument was "fatally undermined" by the fact that powers over foreign affairs are reserved to Westminster. Lawyers representing the UK government rejected this, saying the argument was "fatally undermined" by the fact that powers over foreign affairs are reserved to Westminster.
The judges unanimously rejected Mr Wolffe's arguments, saying that the principle of legislative consent "does not give rise to a legally enforceable obligation".
They said the Sewel Convention, which provides that Holyrood should be consulted where Westminster legislation cuts across devolved areas, plays "an important role in the operation of the UK constitution", but is not a matter for the courts.
They added: "The devolved legislatures do not have a veto on the UK's decision to withdraw from the EU."
The SNP welcomed the ruling in relation to the Westminster vote, with the party's international affairs spokesman Alex Salmond pledging to introduce 50 amendments to the Article 50 legislation as it passes through parliament.
Later in the day, Ms Sturgeon will convene a meeting of her Standing Council on Europe, a team of legal, economic and diplomatic advisors.Later in the day, Ms Sturgeon will convene a meeting of her Standing Council on Europe, a team of legal, economic and diplomatic advisors.
Also in attendance will be External Affairs Secretary Fiona Hyslop, Brexit minister Mike Russell and Europe minister Alasdair Allan.Also in attendance will be External Affairs Secretary Fiona Hyslop, Brexit minister Mike Russell and Europe minister Alasdair Allan.
The first minister, who has said a second Scottish independence referendum is "undoubtedly" closer due to Theresa May's Brexit plans, declared her intention to hold a Holyrood vote on Article 50 regardless of the ruling of the court.The first minister, who has said a second Scottish independence referendum is "undoubtedly" closer due to Theresa May's Brexit plans, declared her intention to hold a Holyrood vote on Article 50 regardless of the ruling of the court.
Writing in the Daily Record newspaper, she said: "No matter what the court decides, I want to make this crystal clear - I intend to make sure the Scottish Parliament has the chance to vote on the question of triggering Article 50.Writing in the Daily Record newspaper, she said: "No matter what the court decides, I want to make this crystal clear - I intend to make sure the Scottish Parliament has the chance to vote on the question of triggering Article 50.
"If the UK government don't start showing Scotland some respect, I'll make sure that people across Scotland have the chance to choose our own future before the Tories drag us off an economic cliff-edge.""If the UK government don't start showing Scotland some respect, I'll make sure that people across Scotland have the chance to choose our own future before the Tories drag us off an economic cliff-edge."