United_Kingdom_common_framework_policies

United Kingdom common framework policies

United Kingdom common framework policies

UK internal market policies post-Brexit


The United Kingdom Common Frameworks are a group of legislative and non- legislative policies that aim to create UK wide frameworks and ensure the security and integrity of the UK internal market.[1]

Some of these policies will fall under devolved competence, and others it plans to reserve for central government.[citation needed]

To create a common UK-wide policy area, some policies will require memorandums of understanding and other areas it will declare as reserved matters.[2]

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.[3]

At the end of the transition period, the 160[4] to 290 EU policies[5] cease to apply to the UK and must be replaced by the United Kingdom's own common framework policies.[citation needed] Some policies are defined by the Northern Ireland Protocol.[4]

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.[6]

On 23 July 2017 the Scottish government introduced the UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill into the Scottish Parliament.[7][lower-alpha 1] 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 for the continuity of law were outwith the legal competence of the Scottish Government and Parliament.[8] 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.[9]

On 26 June 2019, the European Withdrawal Bill passed through Parliament, received Royal Assent, and became an Act.[10]

Objectives

The UK Government proposes to establish common frameworks where it considers them necessary:[11]

Implementation process for legislative and non-legislative frameworks

Non-legislative common frameworks (implementation process)

The Government's proposed implementation process is divided into 5 phases:[12]

Key

πŸ”Ή = End of phase agreement

πŸ”° = Task

Phase 1

πŸ”° Agreement of framework principles

πŸ”° First Phase of multilateral β€œdeep dives”

Phase 2

πŸ”° Continued multilateral agreement

πŸ”° Development of required frameworks legislation

πŸ”° Beginning of bilateral stakeholders engagement

πŸ”° Light-touch review and scrutiny of framework outlines

πŸ”Ή Outline framework

Phase 3

πŸ”° Policy Finalisation

πŸ”° External stakeholder engagement

πŸ”° In-depth review and assessment process

πŸ”° Collective agreement on policy approach

πŸ”Ή Provisional framework agreement

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

Phase 4

πŸ”° Required legislation in parliamentary passage

πŸ”° Framework preparation and implementation

πŸ”Ή Framework agreement

Phase 5

πŸ”° 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)

Legislative common frameworks

Below are the 24 Policy areas where the United Kingdom Government plans to create Common Framework Policies for after Brexit using legislation.[13]

More information Agriculture, Chemicals ...

Common frameworks using alternate implementing methods

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

More information No, Area of Law ...

See also

Intergovernmental arrangements

Foreign affairs

UK internal market

Footnotes

  1. Each of the constituent countries with the exception of England have a Devolved Parliament with specific competences that are set out in the Scotland Act 1998, the EU Continuity Bill sought to keep Scotland aligned with the European Union in certain areas that fall within the competence of the Scottish Parliament

References

  1. "Labour's Colin Smyth MSP: 'Common frameworks needed to protect the integrity of the UK-wide single market'". The Scottish Farmer. 9 January 2021.
  2. (1)Paun, (2)Sargeant, (3)Klemperer, (1)Akash, (2)Jess, (3)David (16 March 2020). "Devolution: common frameworks and Brexit". Institute for Government.{{cite web}}: CS1 maint: multiple names: authors list (link) CS1 maint: numeric names: authors list (link)
  3. Jack, Maddy Thimont (7 November 2018). "EU Withdrawal Act 2018". Institute for Government.
  4. "Policies". European Commission - European Commission.
  5. (1)Lydgate (2)Anthony, (1)Emily (2)Chloe (November 2020). "Maintaining the UK Internal Market for Food Standards: Fragmentation, Cooperation or Control?" (PDF). University of Sussex.{{cite web}}: CS1 maint: numeric names: authors list (link)
  6. Stephen, Phyllis (17 April 2018). "Scotland's Continuity Bill referred to the Supreme Court". The Edinburgh Reporter.
  7. Dickie, Mure (13 December 2018). "Supreme Court rules Scottish Brexit law exceeds lawmaking powers". Financial Times.
  8. Lidington CBE, The Rt Hon. David (3 July 2019). "Common Frameworks Update". Gov.UK.

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