4. Urgent Question: The European Economic Area Agreement

Part of the debate – in the Senedd at 2:44 pm on 29 November 2016.

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Photo of Mick Antoniw Mick Antoniw Labour 2:44, 29 November 2016

Well, thank you very much for that. You’ve raised the valid counterpart of the argument that has been put as the reason why a judicial review pre-action protocol letter has actually been sent to the UK Government. So, the first thing we need to know is what the actual UK Government’s response is to that. As I understand the chronology of events, we left EFTA in 1973, when we joined the European Union. The European economic area agreement was agreed in 1992 and came into effect in 1994. It has the unusual provision in that not only does it of course include the signing of Iceland, Liechtenstein and Norway—the EFTA states—but it also includes the European Union as a signatory as well as every individual state. Whether that is a legal anomaly or whether it raises constitutional issues I think will depend on a number of matters, one part of which may be determined as a result of the article 50 Supreme Court hearing in respect of the constitutional issue in respect of process. But the issues that are raised we will give consideration to when we know clearly what the UK Government's position is.