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As it happenedended

Brexit legal challenge live: MPs don't actually want to vote on Article 50, government lawyer claims

The appeal against MPs voting on Article 50 is now in its second day

Siobhan Fenton
London
Tuesday 06 December 2016 11:19 GMT
Comments
Top UK judges grill govt lawyer on Brexit plans

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Here are the latest updates:

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The Supreme Court is today hearing the second day of arguments in the Brexit legal challenge.

11 of the most senior judges in the UK are hearing the government's appeal to a High Court ruling that Theresa May must let MPs vote on whether to trigger Article 50.

Yesterday, the court heard from government lawyer James Eadie QC and Attorney General Jeremy Wright. The lawyers argued the Prime Minister has authority to trigger the mechanism and begin EU withdrawal processes.

However, the judges questioned why more details haven't been provided about what will be in the Great Repeal Bill, the legislation through which the government intends to legislate for life outside the EU.

The judges also said serious threats have been made to claimants in the case and warned they must be stopped.

The case is expected to last four days in total, ending on Thursday.

(Section 20 provides as follows) http://pbs.twimg.com/media/Cy6x5cEW8AAR0eJ.jpg

JolyonMaugham5 December 2016 14:16

James Eadie tells the court that CRAG (Constitutional Reform and Governance Act) leaves the issue of withdrawal for the government to decide

Siobhan Fenton5 December 2016 14:24

Judges seem quite sceptical about this and are pushing him to explain in clear detail

Siobhan Fenton5 December 2016 14:24

Lords questioning Eadie on the origins of CRAG and whether it really is comparable for Brexit. He promises he'll give a full reply tomorrow

Siobhan Fenton5 December 2016 14:26

Weakest legal point ever. twitter.com/JolyonMaugham/…

davidallengreen5 December 2016 14:38

Lord Sumption keeps pushing this point with the government's lawyer- does the crown ever have power to use its prerogative to affect laws?

Siobhan Fenton5 December 2016 14:40

This is a crucial point as, of course, this case doesn't just impact on Brexit but looks at the fundamental principle of who holds power...

Siobhan Fenton5 December 2016 14:40

... between parliament, the crown and the courts.

Siobhan Fenton5 December 2016 14:41

Another key q from judges- if entering EU was a joint enterprise between executive and legislative, shouldn't leaving it be too?

Siobhan Fenton5 December 2016 14:43

Government's lawyer seems to be stumbling on this point, hasn't offered a compelling response twitter.com/SiobhanFenton/…

Siobhan Fenton5 December 2016 14:46

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