The UK Government has been accused of trying to keep the public and politicians in the dark after it launched a further appeal in a legal case which could bring a last minute halt to Brexit.
A cross-party group of politicians is seeking a ruling from Europe’s highest court on whether or not parliament can revoke Article 50 without the permission of other EU countries.
Scotland’s top judges referred the case to the Court of Justice of the European Union (CJEU) earlier this year and just last week rejected a bid by the government to try to appeal that decision.
The government is now seeking a further appeal at the Supreme Court in London and has asked for the CJEU hearing, due to take place in two week’s time, to be cancelled.
This has prompted claims government lawyers are using delaying tactics in a bid to stop the European court from hearing the case ahead of the parliamentary vote on Brexit.
Jo Maugham QC, one of the petitioners in the case, said that due to the timescales involved, any adjournment in the case “is as good as a defeat”.
The barrister added: “The government can see very clearly that if MPs know that they have a good alternative, it will make them even less likely to support the government’s deal. That’s why they’re very concerned about this case.
“It feels to us like this is an ugly and expensive attempt to keep parliament in the dark and a wasteful use of public money.”
A legal source in the case also said it was “difficult not to think” delaying tactics are being used, particularly when the government’s previous appeal was lodged on the last possible day.
The source added: “This is a further delay on their part. They could have notified us of this on Friday and given us the weekend to work on it, especially given the tight timeframe.”
It was also claimed that the latest appeal may not be “competent” and could breach the rules of Scotland’s highest court, the Court of Session, where the original decision was made.
The legal battle is being led by Green MSP Andy Wightman, alongside his fellow Green MSP Ross Greer, Labour MEPs Catherine Stihler, David Martin, SNP MEP Alyn Smith, Scottish LibDem MP Christine Jardine, and SNP MP Joanna Cherry QC.
LibDem MP Tom Brake and Labour MP Chris Leslie are additional parties to the action.
Mr Wightman, MSP for Lothian, described the appeal as a “desperate attempt by the UK Government to frustrate the hearing due to be heard in the Court of Justice”.
He added that the application was incompetent, saying: “If the Supreme Court grants this appeal we are in uncharted territory.”
Mr Maugham, founder of the Good Law Project, has set up a crowdfunding page to help fund the petitioners’ case, with more than £160,000 raised so far.
A Government spokesman said: “We will not comment further on ongoing litigation but the government’s position has been clear that we will not be revoking Article 50.”
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