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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.

Scoffield’s clients — the “Agnew claimants” — argue that not only an act of parliament is required. They say an LCM is needed too.

JoshuaRozenberg7 December 2016 14:56

Scoffield addresses the Govt's assertion that the devolved regions don't enact international/ foreign relations only central Govt does...

Siobhan Fenton7 December 2016 14:57

... he says that's clearly not the case in relation to Northern Ireland and the Republic of Ireland

Siobhan Fenton7 December 2016 14:57

"My lords and my lady, that is an entirely orthodox view"

Siobhan Fenton7 December 2016 14:58

Says Article 50 requires not only a vote at Westminster but a LCM- legislative consent motion from devolved parliaments (inc. Stormont)

Siobhan Fenton7 December 2016 15:00

David Scoffield QC rests his case

Siobhan Fenton7 December 2016 15:01

Very articulate and salient points from Scoffield in relation to Northern Ireland

Siobhan Fenton7 December 2016 15:02

If it persuades judges, then not only Westminster would vote on Article 50 but also the devolved legislatures

Siobhan Fenton7 December 2016 15:03

Which would not only give Sinn Fein, SDLP, Greens and Alliance (who are all anti-Brexit) the opportunity vote against it at Stormont...

Siobhan Fenton7 December 2016 15:04

... but would entitled the Scottish assembly to a vote, whereby the SNP could also derail Brexit plans entirely

Siobhan Fenton7 December 2016 15:04

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