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

-- to the 1972 Act:

"An act to make provision in connection with the enlargement of the European Communities to include the United Kingdom".

Now, our point is that it cannot be consistent with the long title, speaking as it does of the enlargement of the EU, for the executive to use prerogative powers to reduce the size of the EU by taking the United Kingdom out. I say it is no answer for my friends to say that the long title says nothing about withdrawal. That is precisely the point. Parliament decided to make permanent provision in national law consequent on the UK becoming a member of what is now the EU, permanent, that is, unless and until Parliament decided otherwise.

Nor, in my submission, is it an answer for Mr Eadie to say, this is an argument based on Professor Finnis' lecture, that the long title says "in connection with", and not "for and in connection with", and the court has seen the contrast, the point made about the contrast between the 1972 Act and, for example, the Barbados Independence Act.

We for our part respectfully agree with the point that was made yesterday by my Lord, Lord Mance, that the 1972 bill was being considered against the background of earlier parliamentary debates and votes on the very subject of whether it was appropriate for this country to join the EU, and we have put on the desks of your Lordships and your Ladyship, I hope it has arrived, the passage from the second reading of the 1972 bill.

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