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| Version 8 | Version 9 |
|---|---|
| Brexit court case: Ministers 'have no right to trigger Article 50' | Brexit court case: Ministers 'have no right to trigger Article 50' |
| (35 minutes later) | |
| The EU referendum result does not give ministers the power to trigger Brexit without consulting Parliament, the Supreme Court has been told. | The EU referendum result does not give ministers the power to trigger Brexit without consulting Parliament, the Supreme Court has been told. |
| The lawyer acting against the government said the "political significance" of June's vote was "irrelevant" to the legal battle. | The lawyer acting against the government said the "political significance" of June's vote was "irrelevant" to the legal battle. |
| But the government says a Parliamentary vote is not necessary before invoking Article 50 of the Lisbon Treaty. | But the government says a Parliamentary vote is not necessary before invoking Article 50 of the Lisbon Treaty. |
| It is appealing against the High Court ruling it lost last month. | It 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. | 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. |
| On Tuesday afternoon it was the turn of Lord Pannick, who is representing lead appellant Gina Miller, to make his case. | On Tuesday afternoon it was the turn of Lord Pannick, who is representing lead appellant Gina Miller, to make his case. |
| He said: | He said: |
| Earlier the government's lawyer, James Eadie QC, said ministers could prepare a "one-line act" if they are forced to consult Parliament before triggering Brexit, and "certainly won't" set out possible arguments and how it intends to negotiate. | Earlier the government's lawyer, James Eadie QC, said ministers could prepare a "one-line act" if they are forced to consult Parliament before triggering Brexit, and "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 stake | What's at stake |
| Read legal correspondent Clive Coleman's full analysis | Read legal correspondent Clive Coleman's full analysis |
| The government's case | The government's case |
| Mr Eadie, who had been addressing the court since the case began on Monday morning, brought his arguments 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 arguments 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 Casciani | The view from court, by Dominic Casciani |
| 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. | 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. |
| 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. | 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. |
| 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. | 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. |
| Parliament, he said, "does not seem to want the obligation" to trigger Article 50. | Parliament, he said, "does not seem to want the obligation" to trigger Article 50. |
| 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. | 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. |
| 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. | 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. |
| How we got here | How 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. |
| It 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. | It 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 Deir Dos Santos, say triggering Article 50 requires Parliamentary approval, and won at the High Court last month. | |
| The government has appealed to the Supreme Court, whose decision is expected in January. | The government has appealed to the Supreme Court, whose decision 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. |
| Meet the lawyers | Meet the lawyers |
| The Brexit court case is pitting some of the country's top legal brains against each other. | The Brexit court case is pitting some of the country's top legal brains against each other. |
| First up, for the government, was James Eadie, the government's chosen QC, a role known as "Treasury Devil". | First up, for the government, was James Eadie, the government's chosen QC, a role known as "Treasury Devil". |
| According to his chambers, the Cambridge-educated barrister is "the government's silk of choice for its most demanding and significant cases". Appointed to the role in 2009, his appearances acting for the government include during the Leveson inquiry into the press and the 7/7 bombings inquests. | According to his chambers, the Cambridge-educated barrister is "the government's silk of choice for its most demanding and significant cases". Appointed to the role in 2009, his appearances acting for the government include during the Leveson inquiry into the press and the 7/7 bombings inquests. |
| On the other side is Lord Pannick, a member of the same chambers as Mr Eadie, who is a crossbench peer. | On the other side is Lord Pannick, a member of the same chambers as Mr Eadie, who is a crossbench peer. |
| Educated at Oxford, he is described as "simply the best advocate of his generation", and acted in many high-profile public law cases. His previous clients include the Queen, and he has acted both for and against the UK government in the European Court of Human Rights. | Educated at Oxford, he is described as "simply the best advocate of his generation", and acted in many high-profile public law cases. His previous clients include the Queen, and he has acted both for and against the UK government in the European Court of Human Rights. |