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As it happenedended

Brexit legal challenge live: British citizens will lose rights through EU withdrawal, Supreme Court told

A third day of arguments has been made in the Brexit Supreme Court appeal

Siobhan Fenton
London
Wednesday 07 December 2016 05:22 EST
Comments
Brexit at the supreme court: Day Three

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Gina Miller's legal representative has outlining the case against the Government in day three of the four day Supreme Court appeal on Brexit.

Lord Pannick QC represented Ms Miller and told the court Theresa May does not have sufficient authority to trigger Article 50 and instead the case must go to MPs.

Representing fello claimant Deir Dos Santos, a hairdresser born in Brazil, QC Dominic Chambers told the court only parliament has the power to take away British citizens' rights, which EU withdrawal would inevitably do.

The court was also told both Scotland and Northern Ireland must approve triggering Article 50 before the Government does so. A majority of people in Scotland (62 per cent) and Northern Ireland (56 per cent) voted to Remain.

The day before, while the court was sitting, Ms May announced during a visit to the Gulf that she will reveal her Brexit plans before triggering Article 50, in what appears to be a signifcant U-turn on her previous position.

Catch up on everything that happened in court today:

The Prime Minister has previously said she plans to trigger Article 50 by the end of this Spring.

If MPs are entitled to vote on Article 50, it could delay Brexit considerably or ensure it is a 'soft Brexit' rather than a 'hard Brexit' as politicians could insist protectionist clauses are inserted before EU withdrawal.

The Supreme Court case is expected to last four days.

A judgment is anticipated for 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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