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

Yes. My Lord, this court's task as part of this appeal is to decide whether or not the instruction which your Lordship refers to is binding or not. In our submission it is not binding because the Act is very clear, the 2015 Act is very clear, and on that point, the ministerial statements which are relied on by the appellant, we would say are not admissible because under Pepper v Hart principles, they would only be admissible if there was any ambiguity in the 2015 Act which in our submission there is not. In any event, these ministerial statements are matters of Government policy and Government policy is not the law.

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