I will not give way, because of the time.
Who knows whether the EEA option may turn out to be a temporary state, but as a potential starting point, with a customs union, it would provide a means of solving the Northern Ireland problem, keep goods flowing freely, ensure common standards, maintain the flow of data, protect employment and environmental rights and enable us to continue to co-operate in really important areas such as aviation, consumer safety, medicines and space research. Crucially, it would also gain us a place in the room when some future decisions are being taken. In the EEA, not all EU legislation has to be transposed, and there are consultation mechanisms and a separate court. When it comes to EU agencies, in many of which UK regulators have led the way, we could continue to influence what happens because we would be part of the conversation, even though we would not have a vote, which is not the case under the transition period that we will shortly be entering.
The EEA option would diminish in part—I acknowledge that it would do so only in part—the rule taker problem. However, given that we are leaving, I see no outcome in which the United Kingdom will be a rule maker. We will have to follow the rules of our biggest export market for goods and services because so much of our prosperity depends on doing so. I think the Solicitor General accepted that in his answer to my earlier question, although he tried to couch it—and I see the argument—in terms of us, as a free sovereign country, being able to choose to follow the rules of other people. Indeed we can, and the same is true of the European Court of Justice and any other part of the agreement that we may seek to reach.
4.15 pm
EEA/EFTA is also something the Brexit Committee said could be an alternative, and I just want to read what we said in our fourth report:
“Should the negotiations on a deep and special partnership not prove successful, EFTA/EEA membership remains an alternative and would have the advantage of continuity of access for UK services. The EEA option is available off-the-shelf and could be negotiated relatively quickly.”
For me, the other attraction of the Lords amendment is that it uses the word “enables”, not the word “requires”, referring to an agreement
“which enables the United Kingdom to continue to participate in the European Economic Area after exit day.”
In other words, it gives us a choice. Now, that may not be the definitive answer, although I note that several right hon. and hon. Members on the Conservative Benches have tabled a similar amendment to the Trade Bill, which we will come to later in the summer. However, at the moment, when we are not entirely sure what options we have available to us, it would be very unwise to discard this amendment.
I finish by making two points. First, to those who say that this would mean Britain staying in the European Union, I repeat what I said yesterday: we are leaving the European Union, as the right hon. and learned Member for Rushcliffe acknowledged, at the end of March next year—that is what the referendum decided. Secondly, however, is anyone seriously arguing that Iceland, which is an EEA member, is a member of the European Union? It is not. So the argument holds no strength at all.
To finish, I somehow suspect that the EEA amendment may not survive the vote later today, but their lordships may come back with something in its place, and I hope that next time there is a proposal before us all of us who know just how much is at stake—now, here—will have the chance to rally round.