Food and medicine shortages, planes grounded, 40-mile queues of lorries at ports. Project fear? No Government contingency planning for day one of “taking back control”.

Factory closures, job losses, 15 to 20 years of declining income. Project fear? No economic experts’ assessment of what even a soft Brexit might mean. Is it too late to hope that even with under six months to go the UK might draw back from the abyss? Sadly, the answer to that is probably yes.

Read more: Scots battle to win MPs' right to halt Brexit 'likely to succeed'

But what if no deal can be agreed between the UK Government and EU and the Government puts the interest of the country ahead of Tory Party divisions and decides remaining is a better option than chaos and hardship? What if the Prime Minister gets a deal but the House of Commons decides the terms for leaving are unpalatable and votes down what the PM brings back from Brussels next month?

What if, as a result of deadlock in Parliament, we do have a “People’s Vote” and the people say we should remain? Time would be of the essence. Can the UK unilaterally withdraw Article 50, or does it need the other 27 to agree? Do the 27 have to agree unanimously or will a majority vote be enough? Will the status quo prior to Article 50 being lodged be maintained or will the 27 be able to lay down conditions for the UK’s continued membership? 

Read more: Exports to EU support 40,000 jobs in and around Glasgow, as no-deal cliff-edge fears mount

How tragic if we changed our minds that we could end up as accidental leavers. 

That is why I have supported going to the ECJ now to get answers to these questions. 

I welcome the Scottish courts allowing this reference. I am confident the European Court will say we can unilaterally withdraw Article 50. No less an authority than Lord Kerr, the author of Article 50, has opined 
this is the situation. However, we need a definitive answer to the question to avoid 11th hour incertitude.

  • David Martin is Scotland’s most senior MEP