Stay up to date with notifications from The Independent

Notifications can be managed in browser preferences.

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
Comments
Top UK judges grill govt lawyer on Brexit plans

Your support helps us to tell the story

From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.

At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.

The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.

Your support makes all the difference.

Here are the latest updates:

Please wait a moment for the live blog to load:

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.

So the question is whether Good Friday Agreement trumps EU referendum in essence, as it outlines relationships with Republic (an EU country)

Siobhan Fenton6 December 2016 14:12

and was not only a referendum, but one which was lodged with the UN as a treaty, potentially elevating it above the EU referendum

Siobhan Fenton6 December 2016 14:13

Larkin is representing the central Government's position and arguing MPs shouldn't get a vote on Article 50

Siobhan Fenton6 December 2016 14:17

Larkin says consent elements of Good Friday Agreement relate to Northern Ireland's place in the UK, not the EU

Siobhan Fenton6 December 2016 14:19

Says Good Friday Agreement "is a political agreement, not an international agreement"

Siobhan Fenton6 December 2016 14:20

I'd respectfully suggest that is demonstrably not the case as the Republic of Ireland also held a referendum on it and it was lodged with UN

Siobhan Fenton6 December 2016 14:21

Unless Larkin is trying to diminish distinction between Northern Ireland & Republic of Ireland to win the case, which would be controversial

Siobhan Fenton6 December 2016 14:23

for a man in his position as Northern Irish Attorney General

Siobhan Fenton6 December 2016 14:23

"No provision in the Northern Ireland Act... limits the powers of the [central British] government in international affairs" Larkin says

Siobhan Fenton6 December 2016 14:30

Larkin says historically "the role of the judiciary in shaping the constitution has been modest"

Siobhan Fenton6 December 2016 14:36

Join our commenting forum

Join thought-provoking conversations, follow other Independent readers and see their replies

Comments

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in