This article is from the source 'guardian' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.

You can find the current article at its original source at https://www.theguardian.com/politics/2016/nov/28/uk-government-faces-legal-challenge-over-single-market

The article has changed 12 times. There is an RSS feed of changes available.

Version 2 Version 3
UK government faces legal challenge over single market Brexit: UK government faces legal challenge over single market
(35 minutes later)
Theresa May’s government is facing a fresh legal challenge over whether it should seek to retain membership of the single market after Brexit. The British government is facing a fresh legal challenge over whether it should seek to retain membership of the single market after Brexit.
Lawyers will argue that June’s referendum asked the public a single question over whether the UK should leave the EU, and did not delve into the more complex issue of economic access.Lawyers will argue that June’s referendum asked the public a single question over whether the UK should leave the EU, and did not delve into the more complex issue of economic access.
It is the second legal challenge faced by the government to the process of leaving the EU. At the start of the month another challenge saw the high court rule that only parliament has the power to formally trigger Brexit. It is the second legal challenge faced by the government over the process of leaving the EU. At the start of the month another challenge saw the high court rule that only parliament has the power to formally trigger Brexit. That case will be decided by the supreme court in an appeal to be heard next week.
That case will be decided by the supreme court in an appeal which will be heard next week. The latest challenge will see lawyers argue that parliament should also have a say over whether the country could remain in the European Economic Area (EEA), in line with other non-EU countries, such as Norway.
The new challenge will see lawyers argue that parliament should also have a say over whether the country could remain in the European Economic Area (EEA), in line with other non-EU countries such as Norway. Jonathan Lis, the deputy director of British Influence, which is planning to bring forward a judicial review, said: “The single market wasn’t on the ballot paper. To leave it would be devastating for the economy, smash our free trading arrangement and put thousands of jobs at risk. Why should people not only throw the baby out with the bath water, but the bath out of the window?”
Jonathan Lis, the deputy director of British Influence – which is planning to bring forward a judicial review, said: “The single market wasn’t on the ballot paper. To leave it would be devastating for the economy, smash our free trading arrangement and put thousands of jobs at risk. Why should people not only throw the baby out with the bathwater, but the bath out of the window?” Asked about the Vote Leave campaign telling voters that Brexit would mean leaving the single market, Lis said that they also promised voters £350m a week for the NHS.
Asked about the Vote Leave campaign telling voters that Brexit would mean leaving the single market, Lis said that they also promised voters “£350m a week for the NHS”.
“This is not an anti-Brexit measure,” he added.“This is not an anti-Brexit measure,” he added.
Lis argued that there was “discretionary control” over the freedoms within the EEA that went beyond the EU, citing the example of Switzerland negotiating an agreement through which vacancies could be advertised initially to local residents.Lis argued that there was “discretionary control” over the freedoms within the EEA that went beyond the EU, citing the example of Switzerland negotiating an agreement through which vacancies could be advertised initially to local residents.
The basis of the legal action would be that the government has an opportunity to stay within the single market but is rejecting it. The basis of the legal action would be that the government has an opportunity to stay within the single market, but is rejecting it.
It will claim that Croatia, by joining the EEA nine months after the EU, proves that the two organisations are separate, so that leaving one need not mean leaving the other. It will claim that Croatia, by joining the EEA nine months after the EU, has proven that the two organisations are separate, so leaving one need not mean leaving the other.
“The fact that the UK dismisses these arguments out of hand suggest that it is deliberately aiming for a hard Brexit outside the single Market. This option was not on the referendum ballot paper,” he added, calling the legal challenge a “game-changer on every level”. “The fact that the UK dismisses these arguments out of hand suggest that it is deliberately aiming for a hard Brexit outside the single market. This option was not on the referendum ballot paper,” he said, calling the legal challenge a “game-changer on every level”.
The defence secretary, Michael Fallon, speaking before a Downing Street summit involving the Polish prime minister, Beata Szydło, and six of her cabinet members, said there was no reason why either legal challenge should slow up Brexit. The defence secretary, Michael Fallon, speaking before a Downing Street summit involving the Polish prime minister, Beata Szydło, and six of her cabinet members, said there was no reason why either legal challenge should slow down Brexit.
“There is no delay,” Fallon told BBC Radio 4’s Today programme. “The prime minister has already said we’re going to start the negotiations by triggering the famous article 50 next spring, and those negotiations are prescribed in the treaty as lasting around two years.”“There is no delay,” Fallon told BBC Radio 4’s Today programme. “The prime minister has already said we’re going to start the negotiations by triggering the famous article 50 next spring, and those negotiations are prescribed in the treaty as lasting around two years.”
Asked about giving parliament a voice on the process, he said: “MPs and peers are having a say at the moment. We had a debate last week on Brexit and how it affected the future in Britain.Asked about giving parliament a voice on the process, he said: “MPs and peers are having a say at the moment. We had a debate last week on Brexit and how it affected the future in Britain.
“But what we’re not going to do is open up our entire negotiating hand, precisely because it concerns the sorts of complexities we’re going to be discussing with the Polish delegation today.”“But what we’re not going to do is open up our entire negotiating hand, precisely because it concerns the sorts of complexities we’re going to be discussing with the Polish delegation today.”
The meeting with the Polish politicians was an example of how links with EU nations could develop, Fallon said: “This is a glimpse of the future of how we will be deepening our country-to-country relationships with key partners in Europe, right across the board – on exports, on trade, on research, and also on defence and security.” The meeting with the Polish politicians was an example of how links with EU nations could develop, Fallon said. “This is a glimpse of the future of how we will be deepening our country-to-country relationships with key partners in Europe right across the board – on exports, on trade, on research, and also on defence and security.”
Under EEA membership, Britain would retain the benefits of free trade. The group, which has written to David Davis, the Brexit secretary, suggests the government should not just be focusing on article 50, but on articles 127 and 128 as well. Under EEA membership, Britain would retain the benefits of free trade.
British Influence, which has written to David Davis, the Brexit secretary, suggests the government should not just be focusing on article 50, but on articles 127 and 128 as well.
It says there is no legal consensus that the UK is only “a contracting party to the EEA only as a member of the EU There are numerous reasons why it may be a member in its own right: article 127 of the EEA agreement, for example, requires members to give 12 months’ notification to leave, without any reference to article 50; article 128 states that countries acceding to the EU ‘may’ apply to join the EEA, but are not compelled to.”It says there is no legal consensus that the UK is only “a contracting party to the EEA only as a member of the EU There are numerous reasons why it may be a member in its own right: article 127 of the EEA agreement, for example, requires members to give 12 months’ notification to leave, without any reference to article 50; article 128 states that countries acceding to the EU ‘may’ apply to join the EEA, but are not compelled to.”