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

-- but there it is, you can make an order in council amending schedule 7, and if you do, one can see that in subsection (4) of section 109, one makes no recommendation to Her Majesty in council unless a draft of the statutory instrument containing the order in council has been laid before and approved by a resolution of each House of Parliament and, subject to an immaterial exception, where it has been laid before and approved by a resolution of the Assembly.

So as I said earlier, this is a very detailed machinery for the amendment of legislative competence and then we have the Sewel convention which your Lordship was -- referred to as possibly reinforcing this argument but the important point is this. If as a matter of statutory interpretation the Government are right, as I said earlier, your Lordships have the point, the most important changes of all to legislative competence can be done by a simple signing of a piece of paper by a Government minister, under some supposed prerogative or asserted prerogative. And we say that simply misses the point.

We also point to the -- lest it be said against us, all you are having surely is removal of a constraint, we refer to the explanatory note, I don't know if the court has the explanatory note to section 109.

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