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

Perhaps I can come back to that after the adjournment so that we can speed on.

In 1971 the Government was proposing that we join the then EEC and to do that, they were proposing that the UK sign the accession treaty.

Now, joining the EEC would have two important consequences for the UK. The first is that membership would necessarily involve the UK in the significant fiscal obligations of membership. These fiscal obligations could only be sanctioned by Parliament, by primary legislation. We saw that happened in section 2(3) of the 1972 Act.

Membership would also involve changes to domestic law and again that could only be achieved by Parliament through primary legislation.

So it was that on 28 October 1971, Parliament was asked to give its consent in principle to the UK joining the EEC. The terms of the relevant parliamentary resolution, which were referred to by my Lord, Lord Mance earlier, were identical, they were put separately to both Houses and the terms are important. The court will find them in volume 17 of the authorities at tab 193, and the electronic reference is 5787.

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