The reason for the Single market legislation
The government’s Single market Bill is a necessary piece of legislation to ensure the smooth running of the UK’s single market and customs union, and to provide the base for our independent trade policy after leaving the EU single market and trade policy on January 1. At the time of the Withdrawal Agreement and Political Declaration the EU signed up to two important propositions. They agreed that the core of our new relationship with them would be a free trade agreement with no tariffs, and they would respect UK sovereignty. If the EU keeps to its promises there will be no need for the arrangements envisaged for the Irish border in the current legislation. If they do not pursue these promises then the UK government has the right under Clause 38 of the EU Withdrawal Act to establish control over its borders and trade, notwithstanding the Withdrawal Agreement. This is expressly recorded in UK law. It was also clear to the EU at the time when we legislated in this way that was the UK’s understanding of the Withdrawal Agreement, as we put it into primary legislation.