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Court rejects Scottish government Article 50 argument Court rejects Scottish government Article 50 argument
(35 minutes later)
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 at the Supreme Court have rejected the Scottish government's argument that Holyrood should get a say on the triggering of Article 50.
The court decided that MPs must have a say on starting the formal process of Brexit via an act of parliament.The court decided that MPs must have a say on starting the formal process of Brexit via an act of parliament.
However, they also rejected arguments from the Lord Advocate that devolved administrations should also have a say.However, they also rejected arguments from the Lord Advocate that devolved administrations should also have a say.
First Minister Nicola Sturgeon has pledged to hold a Holyrood vote on the matter regardless of the ruling.First Minister Nicola Sturgeon has pledged to hold a Holyrood vote on the matter regardless of the ruling.
She said there remained a "clear political obligation" on the UK government to consult devolved administrations, adding that "it is becoming clearer by the day that Scotland's voice is simply not being heard or listened to within the UK".
Ministers wanted to invoke Article 50 of the Lisbon Treaty, the formal process for leaving the European Union, without consulting the Westminster parliament.Ministers wanted to 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 disputed 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."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, the defeat in court is not expected to 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.
AnalysisAnalysis
By Nick Eardley, BBC Scotland Westminster correspondentBy 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.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.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.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.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.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 rejected 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".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 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."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.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. She said: "We are obviously disappointed with the Supreme Court's ruling in respect of the devolved administrations and the legal enforceability of the Sewel Convention.
"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." "It is now crystal clear that the promises made to Scotland by the UK government about the Sewel Convention and the importance of embedding it in statute were not worth the paper they were written on.
"Although the court has concluded that the UK government is not legally obliged to consult the devolved administrations, there remains a clear political obligation to do so.
"The Scottish government will bring forward a Legislative Consent Motion and ensure that the Scottish Parliament has the opportunity to vote on whether or not it consents to the triggering of Article 50."