Lord Keen QC, the Scottish advocate general, put forward an extraordinary argument to the Article 50 hearing before the Supreme Court this morning, He claimed that no legislative consent motion on Brexit is needed from Scotland, Wales, Northern Ireland because no legislation is needed to trigger Brexit. To put it another way, he argued that our membership of the EU is maintained at the whim of the Prime Minister.
So, which level of UK government has the right and ability to sign treaties with foreign powers? That would be Westminster, wouldn’t it? On the same grounds that it is currently the EU which has the power to determine external trade tariffs, say.
So, err, why do the subsidiary administrations, which do not have the power to make foreign treaties, need to approve a foreign treaty?