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Drop plans to write date and time of Brexit into law, cross-party committee of MPs tells Theresa May

Theresa May arrives for an EU Social Summit for Fair Jobs and Growth in Gothenburg, Sweden  - REUTERS
Theresa May arrives for an EU Social Summit for Fair Jobs and Growth in Gothenburg, Sweden - REUTERS

Theresa May is facing renewed pressure to abandon her plan enshrine the date of Brexit in law after a cross-party committee of MPs warned it could cause "significant difficulties" in the talks with Brussels.

The Exiting the EU Committee said a Government amendment setting the moment of the UK's withdrawal at 11pm on March 29 2019 would take away ministers' "flexibility" if the negotiations went down to the wire.

However the report split the committee, with four of the eight Conservative MPs present - as well as the single Democratic Unionist - voting to reject it.

The division may dilute the report's impact as select committees traditionally try to reinforce their recommendations through cross-party unanimity.

The proposal by ministers to amend the EU (Withdrawal) Bill to include the departure date on the face of the legislation has already proved highly controversial, with as many as 27 Tory MPs threatening to vote against it.

In its report, the committee said that, as it was originally drafted, the Bill gave ministers the flexibility to set multiple exit dates allowing for the setting of "different commencement dates for different provisions", as well as providing for possible transitional arrangements.

"The Government's latest amendments will, however, if agreed by the House, remove this flexibility by setting the exit day in the Bill as March 29 2019 at 11pm," the report said.

"This would create significant difficulties if, as the Secretary of State (David Davis) suggested to us in evidence, the negotiations went down to the 59th minute of the 11th hour."

Jacob Rees-Mogg - Credit: Clare Molden/Clare Molden
Jacob Rees-Mogg Credit: Clare Molden/Clare Molden

The finding was opposed by Conservative MPs Jacob Rees-Mogg, Peter Bone, Christopher Chope and Craig Mackinlay as well as the DUP's Sammy Wilson.

Earlier, Mr Davis said he believed that writing the departure date into the legislation was a "good idea" but acknowledged that the Bill would change as it continue its passage through Parliament.

"It's a good idea, I think, because it's stating something which is clear Government policy - that we will leave on March 29 2019. Now, how it's done, what form it is, is being debated in the House. I'm not going to pre-empt that," he told the BBC.

"The whole of this Bill is going to be debated through the House. The whole of it. And there are parts which will change as we go through, undoubtedly."

Separately Number 10 said the Prime Minister will not back down over her demand for the Brexit date to be written in law.

Theresa May faces a Tory revolt over her plan for March 29 2019 to be fixed in the European Union (Withdrawal) Bill.

The Prime Minister's official spokesman said the Government would "listen to Parliament" but it was important to provide certainty about the date of the UK's departure from the bloc.

Mr Davis said putting the date in the EU Withdrawal Bill was a "good idea", but added: "How it's done and what the form of it is is being debated in the House. I'm not going to pre-empt that.

"The whole of this Bill is going to be debated through the House - the whole of it - and there are parts of it that will change as it goes through."

The Prime Minister's spokesman said : "As the PM has said, we want to listen to Parliament. We are clear, though, on our determination to get the best possible outcome for the UK. Key to doing that is certainty.

"What the amendment does is provide certainty over our position that we are leaving the EU on March 29 2019. We would encourage all MPs to support it."

Eloise Todd, chief executive of the anti-Brexit lobby group for Best for Britain said: "The government should drop this idiotic departure date amendment.

"It is a stupid political gimmick that the government are hoping we get obsessed about instead of securing a truly meaningful vote at the end of this process.  It just won't work.

"Theresa May should stop pandering to the extreme Brexiteers in her party.  For once, she should put the national interests above her own party interests."