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| Brexit case simple enough for a child, Supreme Court told | |
| (about 3 hours later) | |
| A six-year-old child would understand why the government does not have the power to trigger Brexit, a lawyer has told the Supreme Court. | |
| Richard Gordon QC attacked the government's claim it does not have to consult Parliament, suggesting this could "crucify human rights". | |
| Lawyers for the Welsh and Scottish governments have been addressing the landmark case on its final day. | |
| Later the UK government's QC will respond to some of the arguments. | Later the UK government's QC will respond to some of the arguments. |
| A judgement is expected in January. | |
| The case centres on the whether the UK government has the power to serve notice of its intention to quit the EU under Article 50 of the Lisbon Treaty or whether, as various campaigners claim, it must seek Parliament's authorisation. | |
| Mr Gordon, representing the Welsh government, said ministers should not "short circuit" the need for Westminster to consult the devolved administrations when passing certain legislation, describing this convention as "the only glue" holding the UK constitution together. | |
| He 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. | 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. | 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. |
| Other interested parties | |
| Another challenge to the government's position came from Helen Mountfield QC, on behalf of a crowd-funded group of campaigners, who said the the executive "prerogative" power had been progressively eroded since the English Civil War. | |
| Like the Loch Ness monster, the government could not claim it existed just because nobody could see it, she added. | |
| On behalf of European Economic Area nationals, Manjit Gill QC called for legal clarity, saying the government's approach to Brexit "drives a coach and horses" through the rights of people who had lawfully made the UK their home. | |
| What's at stake | What's at stake |
| Read legal correspondent Clive Coleman's full analysis | Read legal correspondent Clive Coleman's full analysis |
| Parliamentary vote | 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. |