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

Those accepted matters are expressed in almost identical terms to the Scotland Act, which is hardly surprising, given the passage of the legislation in the same year, and includes express reference to the European Union. In the same way, the Government of Wales Act 2006 makes provision to determine competence of the Welsh Assembly, and provides at section 108 for those matters which relate to one or more of the subjects listed under the headings in schedule 7 of the Act, and that includes conduct of foreign relations.

So again, it is perfectly clear and express on the face of this legislation that the matter of foreign relations and foreign affairs, and in particular the matter of our relationship with the European Union, is not within the competence of the devolved legislatures. I will submit that these reservations are fatal to reliance on the devolution legislation as giving rise to any necessary implication, or indeed any other indication that the Government cannot exercise its foreign affairs and treaty prerogative in the ordinary way.

Therefore, it respectfully appears to me that there is nothing in this legislation that could abrogate the exercise of the foreign affairs prerogative, and that the court is not assisted by lengthy (Inaudible) that attempts to bring the exercise of that prerogative or to qualify the exercise of that prerogative, by reference to the devolved legislation.

Now, there are --

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