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| Brexit: UK government faces legal challenge over single market Brexit: UK government faces legal challenge over single market | |
| (about 1 hour later) | |
| The British government is facing a fresh legal challenge over whether it should seek to retain membership of the single market during the Brexit process. | The British government is facing a fresh legal challenge over whether it should seek to retain membership of the single market during the Brexit process. |
| 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 over the process of leaving the EU. At the start of the month following another challenge the high court ruled 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. | It is the second legal challenge faced by the government over the process of leaving the EU. At the start of the month following another challenge the high court ruled 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. |
| As part of the latest challenge lawyers will argue that leaving the EU should not automatically mean that Britain exits the European Economic Area (EEA), which allows non-EU countries such as Norway to remain in the single market. | As part of the latest challenge lawyers will argue that leaving the EU should not automatically mean that Britain exits the European Economic Area (EEA), which allows non-EU countries such as Norway to remain in the single market. |
| 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 bath water, but the bath out of the window?” |
| His group will claim that Croatia provides an example of a country joining the EU and EEA separately, so identifying them as discrete groupings. | His group will claim that Croatia provides an example of a country joining the EU and EEA separately, so identifying them as discrete groupings. |
| Asked about the Vote Leave campaign telling voters that Brexit would mean leaving the single market, Lis said that it 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 it 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, particularly if countries were facing unmanageable migration levels. He cited 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, particularly if countries were facing unmanageable migration levels. He cited the example of Switzerland negotiating an agreement through which vacancies could be advertised initially to local residents. |
| “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 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”. |
| 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. | 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.” |
| But the government made clear it would fight any such attempt at a legal challenge, with Theresa May’s official spokeswoman insisting that Brexit means leaving both of the organisations. | But the government made clear it would fight any such attempt at a legal challenge, with Theresa May’s official spokeswoman insisting that Brexit means leaving both of the organisations. |
| “Our position is clear, which is that the UK is only party to the EEA agreement in its capacity as an EU member state and once we leave the European Union we will automatically cease to be a member of the EEA – that is the legal framework,” she said. | “Our position is clear, which is that the UK is only party to the EEA agreement in its capacity as an EU member state and once we leave the European Union we will automatically cease to be a member of the EEA – that is the legal framework,” she said. |
| She suggested that campaigners ought to look at article 126, which “is the first paragraph on membership in the EEA agreement – that says that it applies to the territories to which the treaty establishing the European Economic Community is applied and under the conditions laid out under that treaty,” she added. | She suggested that campaigners ought to look at article 126, which “is the first paragraph on membership in the EEA agreement – that says that it applies to the territories to which the treaty establishing the European Economic Community is applied and under the conditions laid out under that treaty,” she added. |
| “Clearly, if you are leaving the European Union you are coming out of that so it does not apply.” | “Clearly, if you are leaving the European Union you are coming out of that so it does not apply.” |
| Instead, she said May was focused on getting Britain the best deal and would do that through events such as Monday’s summit with the Polish prime minister, Beata Szydło, and senior government figures at Downing Street. | Instead, she said May was focused on getting Britain the best deal and would do that through events such as Monday’s summit with the Polish prime minister, Beata Szydło, and senior government figures at Downing Street. |
| The defence secretary, Michael Fallon, who will meet his counterpart as part of the meeting, said it was an example of how links with EU nations could develop. “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,” he said. | The defence secretary, Michael Fallon, who will meet his counterpart as part of the meeting, said it was an example of how links with EU nations could develop. “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,” he said. |