The latest claims will be a setback to May as she starts Brexit negotiations
The baffling revelation follows reports May will publish details of the great repeal bill – legislation that will convert all EU law in to the UK statute books – this week.
The aim is to transfer EU law into British legislation and enable the transfer of power that will allow parliament, the courts and Government departments to operate without hindrance.
But one senior MP said: “The big thing in the bill is the repeal of the ECA 1972. If negotiations are going badly and Brexiteers are out of control, we will just refuse to repeal it.”
Some Conservative MPs have raised the “nuclear option” of voting against the repeal, thereby trying to keep EU law in place.
Please don't tie the Prime Minister's hands
David Davis, the Brexit Secretary, previously said: "It's inconceivable to me that there wouldn't be a vote on the outcome… We are going to do that.
"Please don't tie the Prime Minister's hands in the process of doing that for things which we expect to attain anyway."
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It follows the claim by Sir Keir Starmer, the shadow Brexit Secretary, that the Government should achieve the “exact same benefits” post-Brexit that the UK currently enjoys.
Sir Starmer said: “The Government can’t turn around now and say ‘this is unachievable’ because it was David Davis who the Prime Minister’s appointed in the role of exiting the EU, who set that.
Davis previously called for MPs to not tie May's hands before the Brexit dealings started
“Now I accept we won’t be members, but we must be partners and this has to be fought for over the next two years.”
Michel Barnier, the EU’s chief Brexit negotiator, has claimed Britain will be “undoubtedly” worse off if the country fails to leave the EU with a good deal.
Labour have promised to get tough as Brexit negotiations take place
Writing in the Financial Times, Barnier said: "It goes without saying that a no-deal scenario, while a distinct possibility, would have severe consequences for our people and our economies.
"It would undoubtedly leave the UK worse off.
Anna Soubry, the former Business Secretary, previously said: “I just want us to behave in a grown up way. People have to remember 48 per cent did not vote to leave the European Union.”