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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
Comments
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.

In my opinion, the most compelling argument the Govt is making is that it would 'lose foreign policy controls' if High Court ruling upheld

Siobhan Fenton6 December 2016 16:42

By making foreign relations almost impossible, as parliament would need to vote on international activities very often

Siobhan Fenton6 December 2016 16:43

Yet, while that is a politically compelling argument, the judges will solely be considering the legality of it, which is less certain

Siobhan Fenton6 December 2016 16:43

By insisting Northern Ireland & Scotland have little say in this, the govt risks bringing long term damage to relationships in devolution

Siobhan Fenton6 December 2016 16:45

In order to win, the govt needs to argue Theresa May can do whatever she wants, but this risks fuelling desire for independence regionally

Siobhan Fenton6 December 2016 16:46

So it's a case of short term gain while risking long term harm and potential instability to the union

Siobhan Fenton6 December 2016 16:48

Tomorrow, we'll be hearing arguments against the government from various lawyers in the case between 10:30am and 4pm, arguing MPs must vote

Siobhan Fenton6 December 2016 16:49

Which the government's lawyers will then have the opportunity to address on Thursday, before the case closes

Siobhan Fenton6 December 2016 16:49

So the Government's lawyers could still put forward a convincing case, but in my opinion it's not happened yet

Siobhan Fenton6 December 2016 16:50

During 9 hrs 45 minutes of Brexit Supreme Court case so far:Men have spoken for: 9 hrs 41 mins 55 secsWomen have spoken for: 3 mins 5 secs

Siobhan Fenton6 December 2016 16:56

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