David Davis writes to MPs.

Dear Colleagues,

EUROPEAN UNION (WITHDRAWAL) BILL: COMMONS CONSIDERATION OF LORDS AMENDMENTS

On Tuesday the EU (Withdrawal) Bill will return to the Commons to take its final steps through our Parliament. It is worth reflecting on the fundamental purpose of this Bill. The Withdrawal Bill is not about influencing the policy choices we make as we leave the EU. It is, instead, simply about ensuring the entire United Kingdom has a functioning statute book on the day we leave. That is an aim on which I am sure we can all agree. Our constituents – whether they voted leave or remain – will rightly expect the Government to provide continuity, certainty and clarity as we leave the EU. And that is exactly what this Bill will deliver.

We have already had over 250 hours of debate in both Houses and reviewed over 1,000 non-Government amendments, and hundreds of Government amendments.

Throughout, we have listened carefully to those who have sought to test, scrutinise and improve this vital piece of legislation. We have already made a significant number of amendments to address the fair concerns which have been raised. And I firmly believe that the Bill is better for it. So, while the fundamental goal of the Bill has remained unchanged, it now rightly reflects the knowledge and expertise of both Houses in that respect.

As the Bill returns to the Commons, it is worth having at the forefront of our minds the state in which it was sent to the Lords. A clean and correctly focused Bill, aimed solely at ensuring that our laws continue to function seamlessly on the day we leave the EU. The Bill that has been returned to us has, in some aspects, been strengthened. But in others, it has become less focused and, therefore, less clear in the goals which it is trying to achieve.

The amendments from the Lords fall into four broad categories. First, there are those which are constructive and genuinely seek to address concerns about certain aspects of the legislation. Second, there are some which seek to address issues which the Commons has already considered. Third, there are certain amendments, while possibly well intentioned, which may hamper our attempts to provide continuity, certainty and clarity via the Bill. And

fourth, there are some changes which simply risk undermining our approach in our negotiations with the EU altogether.

Let me start with this fourth category. The amendments which seek to force the UK to re-join the European Economic Area (EEA) after we leave would involve continuing the free movement of people with the EU and would mean accepting a huge swathe of EU rules without a say on them. That amounts to less control, not more. We have been clear since day one that such an approach is not the right path for the UK to take after we leave the EU. Pursuing it would fail the fundamental tests we have set for our future relationship with the EU – to return control to the UK over our money, our borders and our laws.

Similarly, amendments which seek to encourage us to stay in a customs union are not compatible with our desire to take the opportunity to build deeper links with old friends and new allies across the globe. Nor are they compatible with the manifesto on which the Government was elected last year. We want to ensure that our new customs arrangements with the EU can allow for trade which is as frictionless as possible, while ensuring we can tap into fast growing markets elsewhere and that there is no hard border around Northern Ireland, either between it and the rest of the United Kingdom or North-South. We recognise however that Parliament will want to be kept updated and as such will give our support to the amendment tabled by Oliver Letwin and supported by colleagues from across the Party including Nicky Morgan and Theresa Villiers.

Of course, in any case, this Bill is not the right vehicle for debating these policy choices. Such discussions can and will be had during the passage of other bills. This Bill is simply about making sure that our statute book continues to function after we leave.

One of the most important issues raised by the Lords is the process by which the outcome of the negotiations will be considered by Parliament. While we agree with the spirit of parts of the Lords amendment – much of it mirrors commitments we have already given – there are other parts which risk fundamentally undermining our negotiations with the EU. It would be impossible for negotiators to demonstrate the flexibility necessary for an effective negotiation if they are stripped of their authority to make decisions. That will do nothing but guarantee a bad deal for our country. In its current form the amendment would set a range of arbitrary deadlines and milestones after which Parliament may give binding directions to the Government - up to and including an attempt to overturn the referendum result.

Fundamentally, the British people voted to leave the EU and the Government is delivering on that. Since the referendum, there has been a general election in which both of the major parties committed to deliver the result of the referendum. It is simply not right that Parliament could overturn this. That is why we have tabled our own version of the amendment, which respects the commitments we have made, ensures Parliament can have its say on the final deal, but that we also that we respect the result of the referendum.

On the second category - most notably on the Charter of Fundamental Rights and General

Principles of EU law -  the House of Lords has amended the Bill on issues that the Commons has already considered in detail. We have been clear throughout this process that the removal of the Charter from UK law will not substantially affect the substantive rights that individuals already benefit from in the UK, as the Charter was never the source of those rights. And on General Principles, we have now tabled a further amendment to protect the rights of challenge accrued before we have left the EU for 3 years after exit.

There are also amendments which seem purely technical but which risk significantly constraining the Government's ability to deliver a functioning statute. For example, the amendment on 'enhanced protection' will mean the Government is prevented from acting quickly to update environmental regulations. Throughout this process we have listened to concerns regarding the delegated powers in this Bill, not least on the scrutiny of their use, and we tabled further amendments in the Lords to this end. But we cannot allow for the fundamental aim of this Bill to be put at risk.

The final category of amendments are those that the Government can agree or at least agree in principle. For example, the Lords have flagged important issues regarding family reunification. While we agree with the spirit of these amendments, they required further clarification. Therefore, the Government has brought forward its own amendments to make the amendments more accurate and to enable the Government to deliver the intended outcome in a far more effective manner.

The process around this Bill has been thorough, and inclusive. I have always said that I will listen to members of all sides of our House to ensure we get it right. As it re-enters the Commons we must work together to consider the various amendments constructively but we must also work together to ensure its fundamental purpose is not undermined. I look forward to working closely with you all over the coming days to ensure the UK has a functioning legal order on the day we deliver what people voted for in the referendum and leave the European Union.

RT HON DAVID DAVIS MP

SECRETARY OF STATE FOR EXITING THE EUROPEAN UNION