Brexit appeal: Supreme Court told parliamentary motion can't affect legal issue

The UK's highest court has been told a motion in Parliament does not have any bearing on the legal issue it is having to decide over the Government's Brexit strategy.

MPs will tonight vote in the Commons as to whether Parliament agrees with the Government's proposed Brexit timetable.

But the result of the vote is non-binding and Lord Pannick QC told 11 justices at the Supreme Court that "only an Act of Parliament could lawfully confer power on the appellant to notify".

He added: "The law of the land is not altered by a motion in Parliament. This is a basic constitutional principle."

It is the third day of a Government appeal against a November High Court ruling that blocked its plan for triggering Britain's exit from the European Union.

Lord Pannick, representing Government challenger Gina Miller, also said the June referendum - which resulted in a clear majority in favour of leaving the EU - was "a very important matter" but had nothing to do with the legal issue before the court.

He submitted the Government "must obtain parliamentary approval" to formally kick start the process.

“It is open to Parliament to institute a referendum which does have a binding legal effect and there are many, many examples where of parliament has done so," he told justices.

"Parliament has deliberately chosen a model that does not have any binding legal effect.”