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

That is where I am going. There is one point I was going to make before I come to on the Sewel convention, because that is what I believe I should address at this stage, and that is my learned friend Mr Gordon's suggestion that somehow it was improper for the prerogative to be employed in circumstances where it would elide the application of the Sewel convention with regard to legislation that impacted upon the devolved institutions and the devolved areas of the United Kingdom.

My Lords, in my respectful submission, that proposition doesn't stand up to very much in the way of scrutiny. Whenever we agree to the making of a further regulation with direct effect, under European law, we do so in exercise of the prerogative and that regulation takes direct effect in all of the devolved areas of the United Kingdom, as well as in England.

Furthermore, I would just notice that, for example, in regard to the Scotland Act, section 57 expressly provides that in the matter of making regulations under section 2(2) of the European Communities Act 1972, that function is to be available to the ministers of the Crown in relation to any matter, and shall continue to be exercisable by them as regards Scotland for those purposes.

So there are a number of instances in which either by exercise of the prerogative or the exercise of the power under section 2(2) of the 1972 Act, that changes can be made in the competence of the devolved legislatures, and changes can be made in the law, the rights and the obligations arising in those devolved areas.

Can I turn then to the Sewel convention and the first point that I would seek to make --

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