UK government challenges Scottish and Welsh Brexit legislation

The Supreme Court is being asked to rule on whether Brexit legislation passed in Scotland and Wales is constitutional and within devolved powers.

Jeremy Wright, QC, the attorney-general for England and Wales, refers to this as a ‘protective measure which we are taking in the public interest’, adding that ‘the government very much hopes this issue will be resolved without the need to continue with this litigation’.

David Mundy, partner and parliamentary agent in our planning and infrastructure team, comments in the Financial Times and The Times’ Brief that the case:

‘is essentially one to do with the competence or range of authority of the Scottish parliament and by inference the Welsh assembly.

‘While it is a legal question it is loaded with politics; a test of strength of the UK government and the devolved governments in a post-Brexit world.’

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