European Free Trade Association

Baroness Morgan of Cotes Excerpts
Wednesday 7th February 2018

(6 years, 10 months ago)

Westminster Hall
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Stephen Hammond Portrait Stephen Hammond
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My right hon. Friend is of course a lawyer and I am not, but I have had conversations with the president of the EFTA court, Mr Baudenbacher, and he would agree that her interpretation is correct and what she describes would be possible. That is only one opinion, but it is that of the president of the EFTA court and therefore it clearly carries some weight and some merit.

The EFTA court has made divergent decisions from the ECJ on numerous occasions. In fact, because the EFTA court deals with cases more quickly, it often hears the novel cases first, and in some cases the ECJ follows the EFTA court. The EFTA court’s rulings are only advisory domestically, so it cannot overrule our sovereign court, the Supreme Court. Again, the point is that we would be heavily involved in influencing.

Baroness Morgan of Cotes Portrait Nicky Morgan (Loughborough) (Con)
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I, too, congratulate my hon. Friend on securing this very important debate. Does he agree that one reason why many people voted to leave the European Union was that they wanted the UK to take back control? He has just brought up the very important word “sovereignty”, which for many people in the debate is at the heart of why they voted the way they did in June 2016; many people wanted to go back. Of course, the UK was a founding member of EFTA in 1960, so does he agree that the EFTA-EEA arrangement would meet the test of looking back to a day when we were happy with our relationship with the European Union and, of course, the UK would take back control?

Stephen Hammond Portrait Stephen Hammond
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My right hon. Friend, the Chairman of the Treasury Committee, is right. One great virtue of what we are talking about today is that we are looking at where the UK is at its best, in that we are looking at the economics rather than becoming obsessed with ideology about some of the political points. This proposal solves many of the legal arguments and gives economic certainty to businesses and citizens, which is clearly what the House wants.