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| Brexit: Theresa May faces new legal challenge to keep Britain in the single market over little-known Article 127 | |
| (about 1 hour later) | |
| Theresa May faces the headache of a second legal challenge over Brexit – this time over the barely-known Article 127. | Theresa May faces the headache of a second legal challenge over Brexit – this time over the barely-known Article 127. |
| Pro-EU campaigners will argue that Britain will not leave the European Economic Area (EEA) – and therefore the single market - automatically when it leaves the EU itself. | Pro-EU campaigners will argue that Britain will not leave the European Economic Area (EEA) – and therefore the single market - automatically when it leaves the EU itself. |
| The think tank British Influence is writing to Brexit Secretary David Davis to argue Parliament should decide, in a mirror image over the battle to trigger the Article 50 exit notice. | The think tank British Influence is writing to Brexit Secretary David Davis to argue Parliament should decide, in a mirror image over the battle to trigger the Article 50 exit notice. |
| The government will argue that EEA membership ends when Britain leaves the EU, which is expected to happen in 2019. | The government will argue that EEA membership ends when Britain leaves the EU, which is expected to happen in 2019. |
| But, if the courts back the legal challenge and give Parliament the final say over EEA membership, MPs could potentially vote to ensure that Britain stays in the single market. | But, if the courts back the legal challenge and give Parliament the final say over EEA membership, MPs could potentially vote to ensure that Britain stays in the single market. |
| They could argue for membership until a long-term trading relationship with the EU has been agreed, something expected to take far longer than the 2019 exit date. | They could argue for membership until a long-term trading relationship with the EU has been agreed, something expected to take far longer than the 2019 exit date. |
| More MPs would feel able to do this than oppose leaving the EU outright, because the referendum question only asked about membership of the EU - not of the single market. | More MPs would feel able to do this than oppose leaving the EU outright, because the referendum question only asked about membership of the EU - not of the single market. |
| At the very least, the latest challenge would mean a lengthy legal process - potentially via the European Court of Justice - that could delay the government's Article 50 negotiations with the EU. | At the very least, the latest challenge would mean a lengthy legal process - potentially via the European Court of Justice - that could delay the government's Article 50 negotiations with the EU. |
| Professor George Yarrow, emeritus professor at Hertford College, Oxford, told the BBC: “There is no provision in the EEA Agreement for UK membership to lapse if the UK withdraws from the EU. | Professor George Yarrow, emeritus professor at Hertford College, Oxford, told the BBC: “There is no provision in the EEA Agreement for UK membership to lapse if the UK withdraws from the EU. |
| “The only exit mechanism specified is Article 127, which would need to be triggered." | “The only exit mechanism specified is Article 127, which would need to be triggered." |
| Jonathan Lis, deputy director for British Influence, said: “There is a strong chance that the UK will be acting unlawfully by taking us out of the EEA with Brexit. | Jonathan Lis, deputy director for British Influence, said: “There is a strong chance that the UK will be acting unlawfully by taking us out of the EEA with Brexit. |
| “We consider that they have an obligation to seek urgent clarification in the courts. So we are going to be petitioning for a judicial review.” | “We consider that they have an obligation to seek urgent clarification in the courts. So we are going to be petitioning for a judicial review.” |
| But Conservative MP and Brexiteer Dominic Raab said: "Rather than coming up with new legal wheezes to try and frustrate the will of the people, these lawyers should be working with us to make a success of Brexit. | But Conservative MP and Brexiteer Dominic Raab said: "Rather than coming up with new legal wheezes to try and frustrate the will of the people, these lawyers should be working with us to make a success of Brexit. |
| “The public have spoken; we should respect the result and get on with it, not try to find new hurdles that undermine the democratic process.” | “The public have spoken; we should respect the result and get on with it, not try to find new hurdles that undermine the democratic process.” |
| Pro-Europeans see the single market as crucial to economic success, because it allows the tariff-free movement of goods, services, money and people within the EU. | Pro-Europeans see the single market as crucial to economic success, because it allows the tariff-free movement of goods, services, money and people within the EU. |
| The EEA was set up in the 1990s to extend those benefits to some non-EU members including Norway, Iceland and Liechtenstein. | The EEA was set up in the 1990s to extend those benefits to some non-EU members including Norway, Iceland and Liechtenstein. |
| Non-EU members are outside the Common Agricultural Policy and customs union, but enjoy barrier-free trade in return for paying into some EU budgets and accepting the free movement of workers. | Non-EU members are outside the Common Agricultural Policy and customs union, but enjoy barrier-free trade in return for paying into some EU budgets and accepting the free movement of workers. |
| A government spokesman dismissed the challenge, saying: “As the UK is party to the EEA Agreement only in its capacity as an EU Member State, once we leave the European Union we will automatically cease to be a member of the EEA. | A government spokesman dismissed the challenge, saying: “As the UK is party to the EEA Agreement only in its capacity as an EU Member State, once we leave the European Union we will automatically cease to be a member of the EEA. |
| "The referendum result will be respected and we intend to invoke Article 50 no later than the end of March next year.” | "The referendum result will be respected and we intend to invoke Article 50 no later than the end of March next year.” |
| The separate fight over the government’s right to trigger Article 50 reaches the Supreme Court next week, with a verdict early in the New Year. | The separate fight over the government’s right to trigger Article 50 reaches the Supreme Court next week, with a verdict early in the New Year. |