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

I will just summarise what we say is the effect of a number of the key provisions. Paragraph 1, the North South Ministerial Council is a joint executive body. It is designed to take action and implement policies on an all-Ireland and cross-border basis. At paragraph 3(iii), it is required to meet in an appropriate format to consider institutional and cross-sectoral matters, and that includes in relation to the EU.

Paragraphs 5.3 and 5.4 and paragraph 9, it must make decisions on policies for implementation, both separately in each jurisdiction and on policies and action at an all-Ireland and cross-border level to be implemented by the implementation bodies.

Paragraph 11, those implementation bodies will implement the relevant policies on an all-Ireland and cross-border basis.

Then importantly, we say, at paragraph 17, those policies must include EU policies or at the very, very least, it must be possible for those policies to include EU policies.

So your Lordships, and your Ladyship, see there, the council is to consider the European dimension of relevant matters, that is any relevant matter of mutual interest under paragraph 1. That must include the implementation of EU policies and programmes and proposals under consideration in the EU framework.

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