Comment: The Government's Brexit legislation is heading down a rocky road

As Peers head off for the Easter recess this weekend we’ll be reflecting on our marathon session of Committee stage debates on the EU Withdrawal Bill, and looking ahead to what comes next.

So far, over six weeks, through eleven days and over 100 hours – often late into the night and sometimes into the early hours – Peers from across the House have undertaken the detailed scrutiny of this hugely significant piece of legislation.

It’s a technical Bill that might just appear quite boring to the casual observer – let’s face it, the painstaking approach of examining the small print of any document rarely hits the headlines.

But this is a serious piece of legislation about the fine print of our final withdrawal agreement and the role of Parliament going forward. It’s about what happens post-Brexit and how, as the government has promised, we ensure the continuation of hard fought for employment rights, consumer standards and environmental protections.

We’re hopeful the quality of the debate may mean some issues have been resolved during the Committee. Indeed, the government has indicated movement on matters such as the transitional period, the powers of the devolved administrations and some aspects of how delegated legislation will be applied.

At times however, Ministers have been unwilling or unable to provide answers to legitimate concerns about the impact of the government’s approach to Brexit. DExEU Minister Lord Callanan has too often displayed irritation in his responses, and he raised more than a few eyebrows over how a meaningful vote would operate in practice – indicating that the government would carry on regardless should Parliament not support the final deal. Even the Prime Minister has been far more cautious about advocating a ‘no deal’ option.

The next crucial test for the Bill will be Report stage – scheduled for six days across late April and early May. As a responsible Opposition, we are working across the House, refining and honing our amendments in response to the debates that have already taken place. An astute government would be doing something similar, bringing forward concessions to help get towards a more sensible Bill

Long before the legislation first landed in the Lords, our excellent Brexit team was able to call on the expert knowledge of colleagues from right across the Labour Peers Group. Such support has, among other things, enabled us to highlight to individual Whitehall departments what they could be dealing with once DExEU has been given a new remit, or indeed ceased to exist.

As ever at our end of Parliament, we have also been building alliances with others from right across the House – including Conservative backbenchers. Advocacy and common cause not for the sake of being against the government but rather for improving the Bill, to ensure it is coherent, constitutional and does what’s promised on the tin. And an approach that respects parliamentary sovereignty and the primacy of the Commons.

We are dead set against any attempt to weaken hard won protections for our citizens. It would be wrong for Ministers to jettison hard fought protections that successive UK governments campaigned for within the EU, and renege on commitments made. It would also be galling, post-Brexit, to see citizens across the rest of Europe continuing to enjoy the fruits of our labour – while we fall behind.

So, the pause over the Easter recess provides the government with an opportunity: to reflect on the useful advice and suggestions made during Committee stage, and bring forward sensible changes. I hope it does. A failure to do so however, will effectively kick the can down what at present looks like a very rocky road. And the House of Lords won’t be shy about sending a raft of amendments back to the Commons to give MPs – including those on the government’s own benches – a further chance to scrutinise the detail of the Bill.

Baroness Angela Smith of Basildon is Labour Leader in the House of Lords. She tweets @LadyBasildon