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As it happenedended

Brexit legal challenge live: MPs don't actually want to vote on Article 50, government lawyer claims

The appeal against MPs voting on Article 50 is now in its second day

Siobhan Fenton
London
Tuesday 06 December 2016 06:19 EST
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Top UK judges grill govt lawyer on Brexit plans

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Here are the latest updates:

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The Supreme Court is today hearing the second day of arguments in the Brexit legal challenge.

11 of the most senior judges in the UK are hearing the government's appeal to a High Court ruling that Theresa May must let MPs vote on whether to trigger Article 50.

Yesterday, the court heard from government lawyer James Eadie QC and Attorney General Jeremy Wright. The lawyers argued the Prime Minister has authority to trigger the mechanism and begin EU withdrawal processes.

However, the judges questioned why more details haven't been provided about what will be in the Great Repeal Bill, the legislation through which the government intends to legislate for life outside the EU.

The judges also said serious threats have been made to claimants in the case and warned they must be stopped.

The case is expected to last four days in total, ending on Thursday.

Following yesterday, when one judge asked for more information about what will actually be contained in the Great Repeal Bill...

Siobhan Fenton6 December 2016 11:03

... Eadie agrees with one judge that the Great Repeal Bill will have no legal significance for this case, but then appears to contradict...

Siobhan Fenton6 December 2016 11:04

... himself by saying the opposite, that the court cannot suggest the Great Repeal Bill is legally irrelevant

Siobhan Fenton6 December 2016 11:05

Lord Sumption spots this and says "I think you’ve given two diametrically opposed answers to the same question in the last five minutes"

Siobhan Fenton6 December 2016 11:05

Another judge quips they'll have to check the transcript of court proceedings when it's published later today

Siobhan Fenton6 December 2016 11:06

Eadie responds, "I will try not to give too many inconsistent answers in the same 5 mins" and moves on

Siobhan Fenton6 December 2016 11:06

Not a great start to the Government's case today

Siobhan Fenton6 December 2016 11:07

Lack of any detail about what is in Great Repeal Bill could be a real sticking point for this case- it will require MPs' involvement to pass

Siobhan Fenton6 December 2016 11:08

so govt could argue MPs will get to be involved in EU withdrawal that way, rather than by voting on Article 50 necessarily

Siobhan Fenton6 December 2016 11:09

However, absence of any detailed plans from Theresa May for Repeal Bill means her lawyers are struggling to set this out as an alternative

Siobhan Fenton6 December 2016 11:10

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