United Kingdom common framework policies

On 15 March 2018, the Government of the United Kingdom published a list of common framework policies that it had been sharing as a member of the European Union and that will need to be reassigned following Brexit, to ensure the security and integrity of the UK internal market. Some of these it says will fall under devolved competence, and others it plans to reserve for central government.

To create a common UK-wide policy area, some policies will require memorandums of understanding and other areas it will declare as reserved matters.[1]

History

On 13 July 2017, the European Union Withdrawal Bill, to govern the UK exit from the EU and make provisions for certain EU laws to be retained where necessary, had its first reading in the House of Commons.[2]

At the end of the transition period, the 160[3] to 290 EU policies[4] cease to apply to the UK and must be replaced by the United Kingdom's own common framework policies. Some policies are defined by the Northern Ireland Protocol.[3]

On 23 July 2017 the Scottish government introduced the UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill into the Scottish Parliament.[5] On 17 April 2018, the UK Government intervened and referred the Bill to the UK Supreme Court to challenge its legality and get a ruling on whether its provisions of the were outwith the legal competence of the Scottish Government and Parliament.[6] On 13 December 2018 the UK Supreme Court ruled that the provisions of the bill would exceed the statutory power of the Scottish Government and Parliament, and the bill was sent back for editing: in the light of the ruling, the Scottish Government abandoned it.[7]

On 26 June 2019, the European Withdrawal Bill passed through Parliament, received Royal Assent, and became an Act.[8]

Objectives

The UK Government proposes to establish common frameworks where it considers them necessary:[9]

Implementation process for legislative & non legislative frameworks

Non legislative common frameworks (implementation process)

The Government's proposed implementation process is divided into 5 phases: [10]

Key

🔹 = End of phase agreement

🔰 = Task

Phase 1

🔰 Agreement of framework principles

🔰 First Phase of multilateral “deep dives”

Phase 2

🔰 Continued multilateral agreement

🔰 Development of required frameworks legislation

🔰 Beginning of bilateral stakeholders engagement

🔰 Light-touch review and scrutiny of framework outlines

🔹 Outline framework

Phase 3

🔰 Policy Finalisation

🔰 External stakeholder engagement

🔰 In-depth review and assessment process

🔰 Collective agreement on policy approach

🔹 Provisional framework agreement

🔰 Required reappraisal of framework based on outcomes of cross - cutting issues (Phase 4 +5)

Phase 4

🔰 Required legislation in parliamentary passage

🔰 Framework preparation and implementation

🔹 Framework agreement

Phase 5

🔰 Post implementations arrangements

These talks are to be held between the UK Government and the individual Devolved Governments, and the finished frameworks are then subject to agreement in the Joint Ministerial Committee (JMC)

Common framework policies (legislative)

Below are the 24 Policy areas where the United Kingdom Government plans to create Common Framework Polices for after Brexit using legislation. [11]

Agriculture
Legislation (Agriculture Act)
Sub areas
Stage:

Royal Assent 11/11/20

Chemicals
Sub areas
Status Complete
Healthcare
Sub area
  • Elements of reciprocal healthcare
Environment
Legislation (Environment Bill)
Sub areas
Stage:

Started in:

 Committee (House of Commons)

(House of Commons)

Fisheries
Legislation (Fisheries Bill)
Sub area Fisheries management and support
Stage :

Started in:

 Committee (House of Commons)

(House of Lords)

Food Safety
Sub areas
Emission Trading
Legislation (Finance Act)
Sub area UK Emmissions Trading Scheme
Status Passed
Qualifications
Legislation (U.K Internal Market Bill)
Sub area
Stage:

Started in:

 Committee (House of Commons)

(House of Commons)

Procurement
Sub area Public procurement
Trade Liberation
Sub area Services Directive

Common framework policies (secondary legislation)

Below are 79 policy areas that the Government says will require secondary legislation such legislative consent motions

No Area of Law
BEIS
1. Company Law
2. Late payment (commercial transactions)
4. Radioactive substances
5. Recognition of insolvency proceedings in EU Member States
6. Specified quantities and packaged goods legislation
Cabinet Office
7. Public Pronouncement
8. Statistics
DEFRA
9. Air Quality
10. Biodiversity - Access and Benefit Sharing of Genetic Resources (ABS)
11. Marine Environment
12. Spatial Data Infrastructure Standards
13. Natural Environment and Biodiversity
14. Waste Management
DFT
15. Access for non-UK hauliers and passenger transport operations, plus combined transport
16. Intelligent transport systems
17. Operator licensing (roads)
18. Rail technical standards (Interoperability)
19. Driver licensing
20. Compulsory (3rd Party) Motor Insurance - as per Part VI Road Traffic Act 1988
DHSC
21. Clinical trials of medicinal products for human use
22. Elements of the regulation of tobacco and related products
23. Good laboratory practice
24. Medicinal products for human use
25. Medicine prices
26. Nutrition health claims, composition and labelling
27. Blood safety and quality
28. Organs
29. Public health (serious cross-border threats to health) (notification system for pandemic flu, Zika etc)
30. Tissues and cells (apart from embryos and gametes)
GEO
31. Equal treatment legislation
HSE
32. Civil use of explosives
33. Control of major accident hazards
34. Genetically modified micro-organisms contained use (i.e. rules on protection of human health and the environment during the development)
MHCGL
35. Hazardous substances planning
36. Strategic Environmental Assessment (SEA) Directive

See also

Intergovernmental arrangements

Foreign affairs

UK internal market

References
  1. (1)Paun, (2)Sargeant, (3)Klemperer, (1)Akash, (2)Jess, (3)David (16 March 2020). "Devolution: common frameworks and Brexit". Institute for Government.CS1 maint: multiple names: authors list (link)
  2. Jack, Maddy Thimont (7 November 2018). "EU Withdrawal Act 2018". Institute for Government.
  3. "Northern Ireland and the conundrum for the UK internal market after Brexit". UK in a changing Europe. 16 July 2020.
  4. "Policies". European Commission - European Commission.
  5. "UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill". Law of Scotland Society.
  6. Stephen, Phyllis (17 April 2018). supremecourt/%3futm_source=feedburner&utm_medium=feed&utm_campaign=Feed:%2bTheEdinburghReporter%2b(The%2bEdinburgh%2bReporter) "Scotland's Continuity Bill referred to the Supreme Court" Check |url= value (help). The Edinburgh Reporter.
  7. Dickie, Mure (13 December 2018). "Supreme Court rules Scottish Brexit law exceeds lawmaking powers". Financial Times.
  8. Segan, James (19 July 2018). "The European Union (Withdrawal) Act 2018: Ten Key Implications for UK Law and Lawyers". Blackstone Chambers.
  9. https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/919729/Frameworks-Analysis-2020.pdf
  10. Lidington CBE, The Rt Hon. David (3 July 2019). "Common Frameworks Update". Gov.UK.
  11. Williamson, David (9 March 2018). "These are 24 powers in devolved areas the UK Government wants after Brexit". Wales Online.
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