News ID: 260409
Published: 0607 GMT October 18, 2019

Scotland high court to hear legal challenge to Brexit deal

Scotland high court to hear legal challenge to Brexit deal

Scotland’s highest court is to hear a challenge to have Boris Johnson’s deal agreed with the EU declared unlawful, arguing that it is illegal for Northern Ireland to form part of a separate customs territory – originally amended by the Brexiteer Jacob Rees-Mogg.

Thursday’s declared Brexit deal between UK PM Boris Johnson and President of the European Commission, Jean-Claude Juncker, will face a challenge in Edinburgh on Friday, brought forth by anti-Brexit campaigners led by Jolyon Maugham, QC, Presstv Reported.

The challenge will seek to suspend the deal agreed upon by the UK premiere and EU officials, before it heads to parliament in a historic sitting on Saturday. It will also seek to ensure that the full, final text is presented to MPs if they do vote on the deal as planned.

Mr. Maugham and his team will tell the court that Mr. Johnson’s deal contravenes section 55 of the Taxation (Cross-border Trade) Act 2018, which states that it is “unlawful for Her Majesty’s government to enter into arrangements under which Northern Ireland forms part of a separate customs territory to Great Britain”.

In an ironic set of circumstances, the Cross-border Trade legislation was put forward by Brexit champion Jacob Rees-Mogg.

Moreover, Mr. Maugham confirmed that he would ask the inner house of the court on Monday to order the prime minister to apply for an extension to article 50 until 31 January under the Benn Act, or send the letter itself.

“The prime minister’s desire to meet his short-term political objective of leaving on 31 October, after three and a half years, cannot trump the need for proper scrutiny of a 500+ page document with epochal consequences for Great Britain, Northern Ireland and the EU,” Mr. Maugham tweeted.

Under Mr. Johnson’s deal, Northern Ireland would stay aligned to the EU single market, while keeping it a part of the UK's customs territory. The Northern Ireland Assembly would be given the right to vote every four years if it chooses to stay in the scheme.

 

 

   
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