I have not seen David Davis’s comments but I am sure what he said was true and appropriate.
This is in line with our belief that primary legislation is the appropriate vehicle for major policy changes, as is evidenced by the fact that we have already introduced Bills on sanctions, customs, trade, nuclear safeguards and road haulage.
These are serious commitments. As recently as last week, the Secretary of State for Exiting the European Union took detailed questions on the vote on the final deal at the Exiting the European Union Select Committee. He said:
“The Government is unlikely to put a vote to the House that it does not intend to take properly seriously”
Perhaps that answers the noble Baroness’s question. To discount these assurances is to go against the convention that assurances to Parliament can be relied upon.
Finally, in addition to the problems and complexities I have outlined, the amendment is unnecessary because it is a simple legal fact that, following the amendment made to Clause 9 in the other place, there is no mechanism by which the Government can give the full final withdrawal agreement domestic legal effect without introducing primary legislation.
To summarise, whether intended or not, the drafting of this amendment is problematic. Some of the policy choices in it need to be rethought. Ultimately, large parts of it are simply not fit for purpose. While I suspect that I may not be successful, I strongly urge noble Lords to think again about this amendment.