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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
Comments
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.

(Section 20 provides as follows) http://pbs.twimg.com/media/Cy6x5cEW8AAR0eJ.jpg

JolyonMaugham5 December 2016 14:16

James Eadie tells the court that CRAG (Constitutional Reform and Governance Act) leaves the issue of withdrawal for the government to decide

Siobhan Fenton5 December 2016 14:24

Judges seem quite sceptical about this and are pushing him to explain in clear detail

Siobhan Fenton5 December 2016 14:24

Lords questioning Eadie on the origins of CRAG and whether it really is comparable for Brexit. He promises he'll give a full reply tomorrow

Siobhan Fenton5 December 2016 14:26

Weakest legal point ever. twitter.com/JolyonMaugham/…

davidallengreen5 December 2016 14:38

Lord Sumption keeps pushing this point with the government's lawyer- does the crown ever have power to use its prerogative to affect laws?

Siobhan Fenton5 December 2016 14:40

This is a crucial point as, of course, this case doesn't just impact on Brexit but looks at the fundamental principle of who holds power...

Siobhan Fenton5 December 2016 14:40

... between parliament, the crown and the courts.

Siobhan Fenton5 December 2016 14:41

Another key q from judges- if entering EU was a joint enterprise between executive and legislative, shouldn't leaving it be too?

Siobhan Fenton5 December 2016 14:43

Government's lawyer seems to be stumbling on this point, hasn't offered a compelling response twitter.com/SiobhanFenton/…

Siobhan Fenton5 December 2016 14:46

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