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Brexit Supreme Court case: Lawyer attacks government case | |
(about 1 hour later) | |
A six-year-old child would understand the flaws in the government's legal argument in the Brexit case, a lawyer has told the Supreme Court. | |
Richard Gordon QC attacked the government's claim it has the power to quit the EU without consulting Parliament, suggesting this could "crucify human rights". | |
Mr Gordon is representing the Welsh government in the landmark hearing. | |
Later the UK government's QC will respond to some of the arguments. | |
The final day in the Supreme Court has also included more from the Scottish government's lawyer on why Holyrood should be consulted before Brexit is triggered under Article 50 of the Lisbon Treaty. | |
The judgement on whether Parliament must be consulted before Brexit is triggered is expected in January. | The judgement on whether Parliament must be consulted before Brexit is triggered is expected in January. |
Mr Gordon said the "fault line" through the government's argument was that while its executive "prerogative" powers could be used to make and unmake treaties, they could not "dispense with laws passed by Parliament". | |
"This is elementary," he said. | |
"A child of six, with respect, could understand this point." | |
Mr Gordon likened it to a six-year-old being able to understand if they were told they were allowed to play indoors but not outside. | |
But one of the justices, Lord Carnwath, said the analogy "doesn't really work" because the child had the power to disobey the order and go outside. | |
What's at stake | |
Read legal correspondent Clive Coleman's full analysis | |
Parliamentary vote | |
Prime Minister Theresa May has promised to give notice of the UK's departure from the EU under Article 50 by the end of March - a timetable that was backed by MPs in a Commons vote on Wednesday night. | Prime Minister Theresa May has promised to give notice of the UK's departure from the EU under Article 50 by the end of March - a timetable that was backed by MPs in a Commons vote on Wednesday night. |
But while the outcome was welcomed by Brexit campaigners, Downing Street warned it would not override the Supreme Court if it rules that legislation is required before notice of Brexit is served. | But while the outcome was welcomed by Brexit campaigners, Downing Street warned it would not override the Supreme Court if it rules that legislation is required before notice of Brexit is served. |
The government maintains it has the right to trigger Brexit without seeking Parliament's authorisation, but lost last month's High Court case, leading to the landmark appeal in the Supreme Court. | The government maintains it has the right to trigger Brexit without seeking Parliament's authorisation, but lost last month's High Court case, leading to the landmark appeal in the Supreme Court. |
Speaking on BBC Radio 4's Today programme, Brexit campaigner and former cabinet minister Iain Duncan Smith warned the Supreme Court risked causing a "massive constitutional clash" by "straying into the territory of telling Parliament and government how they want to go about their business". | Speaking on BBC Radio 4's Today programme, Brexit campaigner and former cabinet minister Iain Duncan Smith warned the Supreme Court risked causing a "massive constitutional clash" by "straying into the territory of telling Parliament and government how they want to go about their business". |
But former attorney general Dominic Grieve, who backed Remain, said: "We do not govern in this country by referendum or, for that matter, by Parliamentary motion in the House of Commons." | But former attorney general Dominic Grieve, who backed Remain, said: "We do not govern in this country by referendum or, for that matter, by Parliamentary motion in the House of Commons." |
The Supreme Court will also hear from other interested parties including citizens of European Economic Area countries living in the UK known as AB parties, and Grahame Pigney's crowd-funded People's Challenge. | The Supreme Court will also hear from other interested parties including citizens of European Economic Area countries living in the UK known as AB parties, and Grahame Pigney's crowd-funded People's Challenge. |