I agree. It is irresponsible to exclude options—that is what I am saying.
The second big objection to the EEA agreement is that there is a customs border between Norway and Sweden, but that exists because those nations have chosen not to be in a customs union. It is our policy to be in a customs union. It is not a matter of irreversible legal necessity; it is a matter of choice. Michel Barnier said just two months ago:
“It was the UK’s decision to leave the EU, but it is not obliged to leave the single market and the customs union because it is leaving the EU.”
As my hon. Friend the Member for Pontypridd (Owen Smith) said, Michel Barnier confirmed yesterday that it is open to us to be in both the EEA and the customs union. If Members are against the EEA, they should be against it because of content, but they should not be against it due to spurious arguments about having to choose between the customs union and the EEA. That is not the case.
The situation in Northern Ireland cannot be dealt with purely by being in a customs union, because it requires regulatory convergence on goods and services that are exported. That fact is clear to our sister party, the Social Democratic and Labour party—sadly it is no longer represented in this House—which wrote to us last night with a heartfelt plea to keep the EEA option available and to vote in favour of Lords amendment 51.