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

This is dealing with the North South Ministerial Council, the council to consider the European Union dimension of relevant matters, including the implementation of EU policies and programmes and proposals under consideration in the EU framework:

"... arrangements to be made to ensure that the views of the council are taken into account and represented appropriately at relevant EU meetings."

So one can even see from, if one likes, the prose style of paragraph 17 of strand two, it is not drafted as a statute. It is a political agreement and it bears that stamp on its face. Paragraph 17 apparently assumes that relevant background that both Ireland and the United Kingdom will be members of the European Union.

But the consideration that is referred to in paragraph 17 can continue to occur whether or not the United Kingdom remains in the European Union as long as Ireland does. Paragraph 16 of strand two might indeed be denuded of effect if both Ireland and the United Kingdom were to leave the European Union, but as long as one state remains, there will in all likelihood remain EU matters to be discussed.

The two work streams under paragraph 17 to consider, arrangements to be made, are of course subject to a criterion of relevance, and even if the UK were to withdraw from the European Union, there would still be matters with a European Union dimension to discuss, and it could still be appropriate for the views of the North South Ministerial Council to be represented at relevant EU meetings.

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