Transcripts (perhaps draft) of the Article 50 ‘Brexit’ Appeal hearings at the Supreme Court

My Lady, yes, so we are not quite diverting, but not quite creating a separate point.

On FBU and the Fire Brigades Union, and whether or not there is some broader principle in there, we respectfully submit that there is not a broader principle in there. We know, I am not going go back to it now, that in Fire Brigades Union, the home secretary's exercise of prerogative power, you will recall, was to bring in a new criminal injuries compensation scheme. That was held to be unlawful precisely because it precluded him from exercising his statutory authority under section 171 of the Criminal Justice Act of 1988, which was a duty to consider when to bring in a new statutory scheme; and they set out in the judgment the terms of section 17 which makes that entirely clear.

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