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

It is no part of the case against me that section 2(1) provides a statutory basis for notification and my answer is that that is correct and it is correct not least because Article 50 is not part of domestic law, but also because Article 50 does no more than recognise that it is a matter for the domestic constitutional requirements of the member state concerned and therefore Article 50 of itself cannot provide any basis, if one does not otherwise exist, in domestic law for the notification. Article 50 is completely neutral as to the domestic law basis and power for making the notification. It doesn't assist.

That, as I understand it, has been accepted by the Government at all stages and I say they are plainly right to accept that. That is my answer to your Lordship.

So that is section 2(1), and we say that section 2(1) is intended to implement the rights under the treaties. The rights from time to time created or arising under the treaties cannot in my submission sensibly mean the absence of rights under the treaties.

That may be enough for today, or probably more than enough for your Lordships for today.

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