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As it happenedended

Brexit legal challenge: 'A six year old child could see flaws in Government's Brexit plans', Supreme Court told

Fourth and final day of the Supreme Court Brexit legal challenge has been heard and the judges have now retired to consider their decision

Siobhan Fenton
London
Thursday 08 December 2016 10:06 GMT
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Lead claimant in the Article 50 case, Gina Miller arrives at the Supreme Court in London
Lead claimant in the Article 50 case, Gina Miller arrives at the Supreme Court in London (EPA)

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The Government's Brexit plans are so flawed "even a six year old child could see it", the Supreme Court has been told.

The claims were made by Richard Gordon QC, Law Officer of the Welsh Government, who told the court Welsh politicians should be allowed to approve plans to trigger Article 50.

The Supreme Court was hearing final arguments in the Brexit legal challenge as the case entered its fourth and final day.

Opponents to the Government's Brexit plans outlined their case; with representatives of Wales, Scotland, ex-pats and children's rights putting their case to judges.

The Government's lawyers then had their final opportunity to refute the claims and make their case that Theresa May has sufficient authority to trigger Article 50 without a vote from MPs. The argued the 2015 Referendum Act which outlined the terms of the EU referendum did not specify who could trigger Article 50.

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All 11 of the Supreme Court justices, who are the most senior judges in the UK, heard the case and have now retired to reach their decision.

A judgment is expected to be announced early in the new year.

"There was an opposition debate in October and an opposition debate set down for Wednesday"

Siobhan Fenton6 December 2016 11:54

At no point has primary legislation been proposed by MPs in parliament on Brexit, Eadie says

Siobhan Fenton6 December 2016 11:55

Govt lawyer arguing MPs don't actually want Article 50 vote "Parliament does not seem to want the obligation the court has thrust upon them"

Siobhan Fenton6 December 2016 11:56

"The courts will be posing a new control of a most contentious kind" if it rules Theresa May doesn't have power to trigger A50 alone- Eadie

Siobhan Fenton6 December 2016 11:59

James Eadie QC has now finished putting his case on behalf of the government

Siobhan Fenton6 December 2016 12:00

Now up is Lord Keen QC, Advocate General for Scotland, also representing the government

Siobhan Fenton6 December 2016 12:01

He's expected to spend the next hour or so discussing how Brexit and Article 50 will impact on the devolved regions of the UK

Siobhan Fenton6 December 2016 12:01

Of course, as we know, a majority of people in the UK as a whole voted for Brexit, but Scotland and Northern Ireland did not

Siobhan Fenton6 December 2016 12:02

In addition, as Scotland, Wales & Northern Ireland have their own devolved parliaments, if Theresa May triggers Article 50 she bypasses them

Siobhan Fenton6 December 2016 12:03

Which in itself prompts many questions about constitutional law and internal dynamics between central and devolved regions

Siobhan Fenton6 December 2016 12:04

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