Asked by: Stephen Kinnock (Labour - Aberafan Maesteg)
Question to the Department for Exiting the European Union :
To ask the Secretary of State for Exiting the European Union, to publish the legal advice it has received in respect of leaving the European Economic Area Agreement [1994] specifically regarding Her Majesty's Government's legal submissions to the High Court in the case of R (Yalland and Wilding) v SSEU [2017] that Article 126 as giving rise to termination of the EEA Agreement ipso jure; and if he will make a statement.
Answered by Robin Walker
As a matter of course, the Government does not publish legal advice.
The EEA Agreement only applies to the UK in its capacity as an EU Member State. The EEA Agreement will no longer operate in respect of the UK when we leave the EU. However, at the March European Council we agreed with the EU that the UK is to be treated as a Member State for the purposes of international agreements for the duration of the implementation period. This includes the EEA Agreement. Alongside the Withdrawal Agreement, the EU undertook to notify its treaty partners that the UK is to be treated as a Member State for the purposes of EU international agreements during the implementation period.
Asked by: Stephen Kinnock (Labour - Aberafan Maesteg)
Question to the Department for Exiting the European Union :
To ask the Secretary of State for Exiting the European Union, whether the Government has had recent discussions with the other contracting parties to the European Economic Area Agreement on the provisions of Article 127 of that Agreement.
Answered by Chris Heaton-Harris
Our legal position is that Article 127 does not need to be triggered for the European Economic Area (EEA) Agreement to cease to have effect. This is because the EEA Agreement only applies to the UK in its capacity as an EU Member State. Therefore, in the absence of any further action, the EEA Agreement will no longer operate in respect of the UK when we leave the EU.
We have regular discussions with Norway, Iceland and Liechtenstein on all aspects of our withdrawal from the EU. The Government informed Parliament on the 20th December about the agreement reached with Norway, Iceland and Liechtenstein to resolve the issues arising with those countries as a result of the UK’s departure from the EU.
Asked by: Stephen Kinnock (Labour - Aberafan Maesteg)
Question to the Department for Exiting the European Union :
To ask the Secretary of State for Exiting the European Union, whether the Government has given formal notification of the UK's intention to withdraw from the 2004 European Economic Area Agreement pursuant to Article 127 of that Agreement.
Answered by Chris Heaton-Harris
Our legal position is that Article 127 does not need to be triggered for the European Economic Area (EEA) Agreement to cease to have effect. This is because the EEA Agreement only applies to the UK in its capacity as an EU Member State. Therefore, in the absence of any further action, the EEA Agreement will no longer operate in respect of the UK when we leave the EU.
We have regular discussions with Norway, Iceland and Liechtenstein on all aspects of our withdrawal from the EU. The Government informed Parliament on the 20th December about the agreement reached with Norway, Iceland and Liechtenstein to resolve the issues arising with those countries as a result of the UK’s departure from the EU.
Asked by: Stephen Kinnock (Labour - Aberafan Maesteg)
Question to the Department for Exiting the European Union :
To ask the Secretary of State for Exiting the European Union, on what date the Agreement between the Government, the Kingdom of Norway, Iceland and the Principality of Liechtenstein announced on 20 December 2018 was finalised.
Answered by Chris Heaton-Harris
We informed Parliament on 20 December about the agreement we have reached with Iceland, Norway and Liechtenstein, to protect citizens’ rights and resolve separation issues as the UK exits the EU. The agreement will be concluded and signed before exit day. Alongside the EU Withdrawal Agreement, it will be legislated for through the EU (Withdrawal Agreement) Bill.