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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.

Ronan Lavery QC rests his case

Siobhan Fenton7 December 2016 15:19

A few further thoughts from me on Northern Ireland and Article 50...

Siobhan Fenton7 December 2016 15:20

It would be extremely interesting to see if a petition of concern could apply here in Northern Ireland- it's a mechanism of power sharing...

Siobhan Fenton7 December 2016 15:21

... which enables parties to completely block Assembly from doing certain things. Few other parliaments have anything like it.

Siobhan Fenton7 December 2016 15:21

It was designed to protect minority communities from damaging majority rule but has been used recently to block marriage equality by DUP

Siobhan Fenton7 December 2016 15:22

I think most people in NI would acknowledge its not been fit for purpose for a while, but it has remained

Siobhan Fenton7 December 2016 15:22

Would be interesting if possibility of petition of concern at Stormont blocking Brexit would finally 'inspire' Conservatives to address this

Siobhan Fenton7 December 2016 15:23

Long term could improve things in Northern Ireland, where people are still fighting for marriage equality which is blocked by this mechanism

Siobhan Fenton7 December 2016 15:25

However, as always in NI, any heavy handed or paternalistic involvement of British govt in local affairs will be extremely contentious

Siobhan Fenton7 December 2016 15:25

Just another example of the very complex and far reaching implications of the Brexit referendum on Northern Ireland

Siobhan Fenton7 December 2016 15:26

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