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Brexit Article 50 case: Government could use 'one-line act' Brexit Article 50 case: Government could use 'one-line act'
(about 1 hour later)
Ministers could prepare a "one-line act" if they are forced to consult Parliament before triggering Brexit, the government's lawyer says.Ministers could prepare a "one-line act" if they are forced to consult Parliament before triggering Brexit, the government's lawyer says.
James Eadie QC said this would be the "solution in legal terms" if the government lost its appeal to the Supreme Court.James Eadie QC said this would be the "solution in legal terms" if the government lost its appeal to the Supreme Court.
The government says it can trigger Article 50 of the Lisbon Treaty without the need for a Parliamentary vote.The government says it can trigger Article 50 of the Lisbon Treaty without the need for a Parliamentary vote.
Campaigners on the other side of the argument will put their case later.Campaigners on the other side of the argument will put their case later.
The government is appealing against the High Court ruling it lost last month. Although the result could complicate the government's triggering of the process for the UK leaving the EU it is not expected to stop Brexit happening.The government is appealing against the High Court ruling it lost last month. Although the result could complicate the government's triggering of the process for the UK leaving the EU it is not expected to stop Brexit happening.
The advocate general for Scotland, Lord Keen, is also addressing the court before Northern Ireland's attorney general, John Larkin QC.The advocate general for Scotland, Lord Keen, is also addressing the court before Northern Ireland's attorney general, John Larkin QC.
They will be followed by the legal team for the main respondent, investment manager Gina Miller.They will be followed by the legal team for the main respondent, investment manager Gina Miller.
Resuming his argument on Tuesday morning, Mr Eadie said that if the government did have to put a bill before Parliament it "certainly won't" set out possible arguments and how it intends to negotiate.Resuming his argument on Tuesday morning, Mr Eadie said that if the government did have to put a bill before Parliament it "certainly won't" set out possible arguments and how it intends to negotiate.
"The solution in legal terms is a one-line act," he said, adding: "It may be that would lead to all sorts of Parliamentary complications and possible additions and amendments and so on, but that's the solution.""The solution in legal terms is a one-line act," he said, adding: "It may be that would lead to all sorts of Parliamentary complications and possible additions and amendments and so on, but that's the solution."
What's at stakeWhat's at stake
Read legal correspondent Clive Coleman's full analysisRead legal correspondent Clive Coleman's full analysis
The government's caseThe government's case
Mr Eadie, who had been addressing the court since the case began on Monday morning, brought his case to a close by summing up why the government thinks it is entitled to use executive powers to trigger Article 50.Mr Eadie, who had been addressing the court since the case began on Monday morning, brought his case to a close by summing up why the government thinks it is entitled to use executive powers to trigger Article 50.
He said:He said:
The first day catch-up...The first day catch-up...
The view from court, by Dominic CascianiThe view from court, by Dominic Casciani
Day one of the hearing was exactly the kind of scenario that the Supreme Court was set up to answer: the biggest question of the day - if not decades. So what does the government's case amount to? Quite simply today it came down to a series of bullet points from James Eadie QC.
Inside court one, we had the unprecedented scene of 11 justices and some of the beefiest legal teams in the country. The prerogative - power of ministers - to make or unmake treaties exists today as a key part of our constitution. Mr Eadie said Parliament well knew this in 1972 and again in 2015 when it passed the referendum act.
Proceedings were, like many Supreme Court hearings, an intellectual contest conducted with warmth, civility and good humour - an examination of what the UK's uncodified constitution means. But he went further. He argued that the case against the government was a "constitutional trap" that would take the court "over the line" - effectively warning it would be over-stepping its powers into the realms of politics.
Outside it was different - protesters from both sides. Some good humoured, some not. One shouted "traitor" at Gina Miller as she left court, having exercised her legal right to challenge the government. Parliament, he said, "does not seem to want the obligation" to trigger Article 50.
Who's winning? Hard to tell. Some key points followed from Lord Keen, the Westminster government's chief lawyer on Scottish legal issues on whether or not there was some kind of devolution lock.
After lunch the justices gave the government team a tough time - but at this level you can't read anything into that. Some argue Article 50 can't be triggered without consent from the devolved bodies. But Lord Keen said that's nonsense because those bodies have no responsibility for international relations - including the making and breaking of treaties such as EU membership.
That's what they are there to do: test to the limits the claims being made, define the line and uphold the rule of law that protects our democracy. More after lunch from the attorney general for Northern Ireland and later this afternoon we finally get to hear a response to the government from Lord Pannick QC, representing Gina Miller, whose challenge is at the heart of this fascinating legal debate.
How we got hereHow we got here
The government says it will trigger Article 50 by the end of March, which begins two years of formal Brexit talks.The government says it will trigger Article 50 by the end of March, which begins two years of formal Brexit talks.
The government has said it will keep its cards close to its chest ahead of the negotiations, and has so far revealed little about what it will demand.The government has said it will keep its cards close to its chest ahead of the negotiations, and has so far revealed little about what it will demand.
Campaigners, led by Ms Miller and hairdresser hairdresser Deir Dos Santos, say triggering Article 50 requires Parliamentary approval, and won at the High Court last month, triggering an angry backlash in some parts of the press.Campaigners, led by Ms Miller and hairdresser hairdresser Deir Dos Santos, say triggering Article 50 requires Parliamentary approval, and won at the High Court last month, triggering an angry backlash in some parts of the press.
The government has appealed to the Supreme Court, whose verdict is expected in January.The government has appealed to the Supreme Court, whose verdict is expected in January.
Prime Minister Theresa May was asked about the court case during her visit to Bahrain.Prime Minister Theresa May was asked about the court case during her visit to Bahrain.
"We wait to hear what the Supreme Court judgement is going to be but I'm clear that what government will be delivering and what Parliament will be delivering is on the will of the British people," she told the BBC."We wait to hear what the Supreme Court judgement is going to be but I'm clear that what government will be delivering and what Parliament will be delivering is on the will of the British people," she told the BBC.
"Parliament gave the vote to the people in the referendum on 23 June. Overwhelmingly Parliament voted for the British people to make their choice. They've done that, they've said we want to leave the EU. The government will deliver on the vote of the British people.""Parliament gave the vote to the people in the referendum on 23 June. Overwhelmingly Parliament voted for the British people to make their choice. They've done that, they've said we want to leave the EU. The government will deliver on the vote of the British people."