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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
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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.

Judge asks government's lawyer- what actually is the Great Repeal Bill? Can we have more information about it?

Siobhan Fenton5 December 2016 14:51

Judge says he heard Great Repeal Bill mentioned at Conservative Party conference but no details since- asks if a white paper was published?

Siobhan Fenton5 December 2016 14:52

Govt lawyer says that as Article 50 did't exist in 1972 there couldn't have been an intention to abrogate power to trigger it

Siobhan Fenton5 December 2016 15:06

3 hours into the Supreme Court Brexit case:- Men have spoken for 2 hours, 59 minutes, 14 seconds- Women have spoken for 46 seconds

Siobhan Fenton5 December 2016 15:10

EadieQC under pressure. Lords Wilson, Mance & Sumption challenge him over assertion that ministers have power to sweep away EU membership

Dominic Casciani5 December 2016 15:15

Lord Mance says there's a "huge difference" between changes to the rules of the club and deciding not to be a member of the club.

Dominic Casciani5 December 2016 15:15

My reading: SC (taken together) instinctively thinks the Government can't do what it wants to. But Eadie is not helping them figure out why.

JolyonMaugham5 December 2016 15:18

(That, of course, is a great compliment to Eadie. His style is less dynamic than Pannick's but he's every bit as brilliant an advocate).

JolyonMaugham5 December 2016 15:18

Judges challenging govt lawyer- saying his arguments may apply to amending EU relationship, but not withdrawing from it altogether

Siobhan Fenton5 December 2016 15:27

Judge- "You accept that the 1972 [EC] Act has constitutional status, and then you say-'So what!"?Govt lawyer James Eadie- "I do"

Siobhan Fenton5 December 2016 15:56

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