Framework for Repatriated EU Powers Post-Brexit
David Wood looks at the recent Government report on how repatriated EU powers are to be managed post-Brexit.
The second iteration of the frameworks analysis was published by the UK Government on 4 April 2019, just over a year after the first such publication.
EU rules currently create consistent approaches across the UK in policy areas within devolved competence, although the UK, Scottish and Welsh Governments and the Northern Ireland Executive (when in place) make different choices on how to implement the rules in some of these policy areas.
When the UK leaves the European Union, powers previously exercised at EU level that intersect with devolved competence will flow back directly to Edinburgh, Cardiff and Belfast.
In other areas, it will be necessary to maintain UK-wide approaches, or ‘common frameworks’, after we leave the EU, and the UK, Scottish and Welsh Governments agreed to a set of principles to underpin this work. They agreed that common frameworks will be established where they are necessary in order to:
- enable the functioning of the UK internal market;
- ensure compliance with international obligations;
- ensure the UK can negotiate, enter into and implement new trade agreements and international treaties;
- enable the management of common resources;
- administer and provide access to justice in cases with a cross-border element, and safeguard the security of the UK.
The published ‘frameworks analysis’ shows how individual common frameworks may take different forms and be implemented in different ways, depending on the context in which the framework is operating and the specific needs of the policy area.
This second iteration of the common frameworks analysis contains an increase in the number of policy areas from 153 to 160 and some change in the number of policy areas in each category, including a reduction from 24 to 21 in the category where legislation may be required in whole or in part. The number of areas where non-legislative arrangements are being considered has reduced from 82 to 78. The number of areas where no further action is required to create a common framework has increased from 49 to 63. There are now four policy areas that the UK Government believes are reserved but remain subject to an ongoing discussion with the devolved administrations; the other areas listed in this category in the initial analysis have been resolved.
As with the first iteration, this is a provisional document and is subject to further changes as discussions between the UK Government and devolved administrations continue.
This publication, developed with both the Scottish Government and Welsh Government, demonstrates the constructive work undertaken by the UK, Scottish and Welsh Governments, with the input of the Northern Ireland Civil Service.
For those interested, this work has been summarised in two reports which the UK Government has presented to Parliament: