Brexit: Downing Street issues warning to Tory rebels amid claims they could stop EU withdrawal

Downing Street has warned Tory rebels they will be defying the “will of the people” if they stymie the Government’s legislation to make Brexit a reality.

Number 10 said it was determined to deliver on the June 23 referendum result after rebels told The Independent Theresa May faces a “legislative swamp” after she triggers Article 50 later this week.

In an apparent slap down to Brexit Secretary David Davis – who has said the UK’s deal would provide the “exact same benefits” as EU membership – the Prime Minister’s spokesman also said Ms May’s position was only to win the “best possible deal”.

Mr Davis’s comments are all the more pertinent after Labour confirmed on Monday that it will not support any withdrawal deal that does not deliver the “exact same benefits”.

Downing Street also confirmed on Monday that sweeping powers for ministers to ditch bits of EU legislation they do not want after Brexit without parliamentary approval will be subject to a “sunset” clause.

With Ms May due to officially launch withdrawal talks on Wednesday, Tories have claimed that ministers are not being clear on how difficult disentangling the UK will be.

As well as the main Great Repeal Bill, which makes all aspects of EU law affecting Britain pass on to the UK statute book when we leave, the Government may also need to pass around a dozen pieces of complex legislation to prevent commercial and legal chaos on Brexit day, not to mention 5,000-odd smaller pieces of secondary legislation.

MPs told The Independent the Prime Minister could be bogged down in complex legal and political wrangling for years before Brexit happens, but Downing Street said on Monday: “Parliament voted to trigger Article 50. The Bill passed without amendment.

“The will of the British public is clear and we are working to deliver on that.”

Shadow Brexit secretary Sir Keir Starmer said on Monday that Labour would not support a withdrawal deal that failed to meet his party’s six tests – including that any agreement deliver “exact same benefits” as being a member of the single market and customs union.

Those same words were used by Mr Davis in the House of Commons in January, when he said: “What we have come up with… is the idea of a comprehensive free trade agreement and a comprehensive customs agreement that will deliver the exact same benefits as we have.”

But Downing Street today was unwilling to repeat the phrase, saying that Ms May had always said only that the country would aim for the “best possible” deal it can achieve in negotiations.

Once all parts of EU law pass on to the UK statute book, ministers will decide which pieces they wish to keep and which to ditch, but such is the mass of legislation that the Government is likely to adopt so-called “Henry VIII” powers allowing it to scrap regulation without full parliamentary approval.

After some Tory members of the House of Lords also warned the Government over the powers, Ms May’s spokesman confirmed the powers would not be permanent.

He added: “Where we are talking about significant changes, on immigration or the customs union, that would be subject to primary legislation.”