A new development today. Lawyers for British Influence , a pro EEA think tank, are suggesting that the UK is a member of the EEA in its own right and will need to withdraw from this area separately using article 127 of the EEA agreement (HERE). This is not difficult since it seems only to involve giving notification 12 months in advance, although I'm sure there is more to it than that. Having looked at the agreement it is clear that we (the UK) are listed as one of the contracting parties, separately to the EU, so I can see a legal challenge succeeding on this.
The government’s problem is that they may not have a majority in parliament to withdraw from the EEA. This would cause an enormous row with brexiteers but I am not sure what they would be able to do about it.
Stunningly, on the BBC Today programme this morning, neither Nick Robinson or the person he was interviewing from British Influence seemed to know Switzerland is not in the EEA! They referred to the Swiss referendum on freedom of movement breaching EEA rules without mentioning or realising that the Swiss relationship is governed by a bilateral agreement and NOT the EEA rules. Amazing!
I assume this will play in to the Article 50 court case since if the government wins this they will argue the EEA treaty can be abrogated by royal prerogative without any parliamentary vote at all?
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