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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.

The Supreme Court has just published a draft transcript of everything said in court this morning, here supremecourt.uk/docs/draft-tra…

Siobhan Fenton6 December 2016 15:01

"It is no answer... to say parliament will later be involved... The fact of the matter is [Brexit] will cause nullification of rights"

Siobhan Fenton6 December 2016 15:02

"The 2015 Act said nothing whatsoever about the consequences of the referendum" Lord Pannick

Siobhan Fenton6 December 2016 15:02

"If parliament meant the 2015 Act to have legal effect, it could and it would have said so" Lord Pannick

Siobhan Fenton6 December 2016 15:02

"The government resisted an amendment to give legal force to the referendum" Lord Pannick

Siobhan Fenton6 December 2016 15:03

Judges are dipping in and out, challenging Pannick's comments frequently

Siobhan Fenton6 December 2016 15:05

"The referendum is plainly an event of political significance, but the political significance is not a matter for the courts because...

Siobhan Fenton6 December 2016 15:09

...it is irrelevant to the legal issue of whether ministers enjoy a prerogative power to set aside the 1972 Act"

Siobhan Fenton6 December 2016 15:09

I'm at Supreme Court where lawyers from the Brexit legal challenge have just begun arguments against govt. Updates: independent.co.uk/news/uk/politi…

Siobhan Fenton6 December 2016 15:15

Hansard extract presented to Supreme Court by Pannick QC. David Lidington told Commons EU Referendum Bill did not d… twitter.com/i/web/status/8…

Matthew Holehouse6 December 2016 15:29

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