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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 05:06 EST
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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.

Judge asks government's lawyer- what actually is the Great Repeal Bill? Can we have more information about it?

Siobhan Fenton5 December 2016 14:51

Judge says he heard Great Repeal Bill mentioned at Conservative Party conference but no details since- asks if a white paper was published?

Siobhan Fenton5 December 2016 14:52

Govt lawyer says that as Article 50 did't exist in 1972 there couldn't have been an intention to abrogate power to trigger it

Siobhan Fenton5 December 2016 15:06

3 hours into the Supreme Court Brexit case:- Men have spoken for 2 hours, 59 minutes, 14 seconds- Women have spoken for 46 seconds

Siobhan Fenton5 December 2016 15:10

EadieQC under pressure. Lords Wilson, Mance & Sumption challenge him over assertion that ministers have power to sweep away EU membership

Dominic Casciani5 December 2016 15:15

Lord Mance says there's a "huge difference" between changes to the rules of the club and deciding not to be a member of the club.

Dominic Casciani5 December 2016 15:15

My reading: SC (taken together) instinctively thinks the Government can't do what it wants to. But Eadie is not helping them figure out why.

JolyonMaugham5 December 2016 15:18

(That, of course, is a great compliment to Eadie. His style is less dynamic than Pannick's but he's every bit as brilliant an advocate).

JolyonMaugham5 December 2016 15:18

Judges challenging govt lawyer- saying his arguments may apply to amending EU relationship, but not withdrawing from it altogether

Siobhan Fenton5 December 2016 15:27

Judge- "You accept that the 1972 [EC] Act has constitutional status, and then you say-'So what!"?Govt lawyer James Eadie- "I do"

Siobhan Fenton5 December 2016 15:56

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