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

My learned friend the Advocate General said that the third submission was a complex area. If it seems that way, then I am sure that is a fault on my part, but I hope to persuade the court that it is really not that complex at all.

My Lords, my Lady, the first strand, the removal of rights, the Northern Ireland Act confers rights under EU law on Northern Ireland citizens. It does so by providing that the legislative and executive branches of a Northern Ireland administration have no competence and no power respectively to act in a way which is contrary to EU law. That is sections 6(2)(d) and 24(1)(b) and your Lordships find those at MS 20048 and MS 20068.

Those rights can be and have regularly been relied upon by individuals against the Northern Ireland administration in the courts in Northern Ireland to challenge legislation or executive action. Perhaps a recent example is JR 65's application in which the court, this court, refused leave to appeal on Monday of this week, to my client, unfortunately.

But, my Lords, those rights can be relied upon in the courts, and the Government accepts that in this way the Northern Ireland Act is, in their language, "a further conduit" for the operation of EU law rights within the UK. Those provisions represent the UK Parliament embedding the new legal order of the EU into the constitution of Northern Ireland as well as the constitution of the UK.

Importantly, my Lords, my Lady, the Government also candidly accepts that each of those provisions will become otiose or will beat the air, when the EU treaties no longer apply. We see that, my Lords, my Lady, in the Government's case in Agnew and the court proceedings at paragraph 57, and that is at MS 25161.

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