United Kingdom Common Framework Policies
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On 15 March 2018, The United Kingdom Government published a list of policy areas that it says will fall under devolved competence, but will require action to ensure the security and integrity of the UK Internal Market, as well as others that it plans to reserve for itself.
UK Common Framework Policies | |
|---|---|
 Members
| |
| Policy of | United Kingdom |
| Members | 4 Members
England 🏴 |
Some of these areas will require memorandums of understanding and some areas which will be reserved and require UK legislation to create a Common UK Framework Policy after brexit.[1]
History[edit]
On 13 July 2017 the European Union Withdrawal Act 2017 - 2019 which governed the UK exit from the EU, and made provisions for EU laws to be retained and held where necessary to create Common UK Framework Policies had its first reading in the House of Commons [2]
On July 13, 2017 the Scottish government introduced the UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill into the Scottish Parliament.[3]
On April 17, 2018 the UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill was sent to the UK Supreme Court by the UK Government to challenge its legality and get a ruling on whether the provisions of the act were out with the competence of the Scottish Government and Parliament. [4]
On December 13, 2018 the UK Supreme Court ruled that the provisions within the UK Withdrawal from the European Union (Legal Continuity) (Scotland) was beyond the competence of the Scottish Government and Parliament, and the bill was sent back for editing. (The Bill has since being abandoned) [5]
On June 26, 2018 the European Withdrawal Bill passed through Parliament and became an act [6]
At the end of the transition period, the 160[7] to 290 EU policies[8] are no more applied into the UK who benefit from the United Kingdom Common Framework Policies.
Some policies are defined by the Northern Ireland Protocol[7].
Objectives[edit]
The UK Government proposes that common frameworks are to be established where it considers them necessary in order to: [9]
- To allow the UK internal market to continue functioning, while allowing the devolved government and parliaments to diverge in certain policy areas
- To allow the United Kingdom to continue meetIng its international obligations
- To UK allow the United Kingdom to negotiate and ratify new trade agreements in international and domestic law
- To allow the managing of common UK resources across the UK internal market
- To provide administration and access to justice in cases that include a cross-border disputes requiring a resolution
- To provide safeguards to ensure the security of the United Kingdom
Implementation process for legislative & non legislative frameworks[edit]
Non legislative common frameworks (implementation process)[edit]
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 Council (JMC)
Legislative common frameworks (implementation process)[edit]
In order for legislation to be passed it must first pass through both Houses of Parliament and these are House of Commons & the House of Lords, it will then go to the queen for royal assent which if given will make that legislation law.
Legislative process for a bill before parliament
If a bill is starts in the House of Commons then it will complete it’s passage through that house before repeating the process in the House of Lords, if a bill begins in the House of Lords it will complete it’s passage through that house before repeating the process in the House of Commons.
House of Commons • House of Lords
1• 2• C• R• 3• A • -> • 1• 2• C• R• 3• A• RA
--——————-> or --————————>
House of Lords - • - House of Commons
Key:
1 - 1st Stage • 2 - 2nd Stage
C - Committee Stage • R - Report Stage
3 - 3rd Reading • A - Amendments
RA - Royal Assent
Common Framework Policies (Legislative)[edit]
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 Bill) |
| Sub areas |
|
| Stage:
Started in: |
3rd Reading (House of Lords)
(House of Commons) |
| Animals | |
| Legislation | (Animal Welfare (Sentencing) Bill |
| Sub areas | |
| Stage:
|
2nd Reading (House of Commons)
(House of Commons) |
| Chemicals | |
| Sub areas |
|
| Status | Complete |
| Healthcare | |
| Sub area |
|
| 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 | Implementation of EU Emissions Trading System |
| 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 )[edit]
Below are 79 policy areas that the Government says will require secondary legislation such legislative consent motions
| BEIS | |
|---|---|
| No | Area of Law |
| 1. | Company Law |
| 2. | Late payment (commercial transactions) |
| 3. | Efficiency in energy use |
| 4. | High efficiency cogeneration / Combined Heat and Power (CHP) [NB - this appears in category 1 for N.Ireland |
| 5. | Radioactive substances |
| 6. | Recognition of insolvency proceedings in EU Member States |
| 7. | Specified quantities and packaged goods legislation |
| Cabinet Office | |
| 8. | Public Pronouncement |
| 9. | Statistics |
| DEFRA | |
| 10. | Air Quality |
| 11. | Biodiversity - Access and Benefit Sharing of Genetic Resources (ABS) |
| 12. | Marine Environment |
| 13. | Spatial Data Infrastructure Standards |
| 14. | Natural Environment and Biodiversity |
| 15. | Waste Management |
| DFT | |
| 16. | Access for non-UK hauliers and passenger transport operations, plus combined transport |
| 17. | Intelligent transport systems |
| 18. | Operator licensing (roads) |
| 19. | Rail technical standards (Interoperability) |
| 20. | Driver licensing |
| 21. | Compulsory (3rd Party) Motor Insurance - as per Part VI Road Traffic Act 1988 |
| DHSC | |
| 22. | Clinical trials of medicinal products for human use |
| 23. | Elements of the regulation of tobacco and related products |
| 24. | Good laboratory practice |
| 25. | Medicinal products for human use |
| 26. | Medicine prices |
| 27. | Nutrition health claims, composition and labelling |
| 28. | Blood safety and quality |
| 29. | Organs |
| 30. | Public health (serious cross-border threats to health) (notification system for pandemic flu, Zika etc) |
| 31. | Tissues and cells (apart from embryos and gametes) |
| 32. | Equal treatment legislation |
| HSE | |
| 33. | Civil use of explosives |
| 34. | Control of major accident hazards |
| 35. | Genetically modified micro-organisms contained use (i.e. rules on protection of human health and the environment during the development) |
| MHCGL | |
| 36. | Hazardous substances planning |
| 37. | Strategic Environmental Assessment (SEA) Directive |
| HO | |
| 38. | Police and criminal justice cooperation - practical cooperation - European Judicial Network |
| 39. | Police and criminal justice cooperation - practical cooperation - Joint action on organised crime |
| 40. | Police and criminal justice cooperation - practical cooperation - mutual legal assistance |
| 41. | Police and criminal justice cooperation - data sharing - False and Authentic Documents Online (FADO) |
| 42. | Police and criminal justice cooperation - agencies - EU-LISA |
| 43. | Police and criminal justice cooperation - agencies - Eurojust |
| 44. | Police and criminal justice cooperation - agencies - Europol |
| 45. | Police and criminal justice Cooperation - data sharing - European Criminal Records Information System (ECRIS) |
| 46. | Police and criminal justice cooperation - data sharing - Prüm framework |
| 47. | Police and criminal justice cooperation - data sharing - Schengen Information System (SIS II) |
| 48. | Police and criminal justice cooperation - minimum standards legislation - cybercrime |
| 49. | Police and criminal justice cooperation - minimum standards legislation - human trafficking |
| 50. | Police and criminal justice cooperation - practical cooperation - asset recovery offices |
| 51. | Police and criminal justice cooperation - practical cooperation - basic cooperation legislation on child sexual exploitation |
| 52. | Police and criminal justice cooperation - practical cooperation - Convention Implementing the Schengen Agreement (law enforcement cooperation) |
| 53. | Police and criminal justice cooperation - practical cooperation - European Investigation Order |
| 54. | Police and criminal justice cooperation - practical cooperation - joint investigation teams |
| 55. | Police and criminal justice cooperation - practical cooperation - mutual recognition of asset freezing orders |
| 56. | Police and criminal justice cooperation - practical cooperation - mutual recognition of confiscation orders |
| 57. | Police and criminal justice cooperation - practical cooperation - Swedish initiative |
| 58. | Regulatory systems - firearms - deactivation standards and techniques |
| 59. | Regulatory systems - firearms - illicit manufacturing and trafficking |
| 60. | Regulatory systems - firearms - control on acquisition and possession of weapons |
| 61. | Police and criminal justice cooperation - practical cooperation - cooperation on football disorder |
| 62. | Police and criminal justice cooperation - accreditation of Forensic Service Providers (FSP) and mutual recognition of results of FSPs - Prüm Framework |
| 63. | Police and criminal justice cooperation - agencies - CEPOL |
| 64. | Police and criminal justice cooperation - data sharing - passenger name records (PNR) |
| 65. | Regulatory systems - minimum standards legislation - the protection of animals used for scientific purposes |
| MOJ | |
| 66. | Civil judicial co-operation - applicable law in contracts and non-contractual obligations |
| 67. | Civil judicial co-operation - cross border mediation (Mediation Directive) |
| 68. | Civil judicial co-operation - jurisdiction and recognition and enforcement of judgments in civil and commercial matters |
| 69. | Civil judicial co-operation - jurisdiction and recognition and enforcement of judgments: instruments in family law |
| 70. | Civil judicial co-operation - legal aid in cross border cases |
| 71. | Civil judicial co-operation - service of documents and taking of evidence |
| 72. | Civil judicial co-operation - uniform fast track procedures for certain civil and commercial claims |
| 73. | Criminal offences minimum standards measures |
| 74. | Mutual recognition of criminal court judgments measures and cross border cooperation |
| 76. | Procedural rights (criminal cases) – minimum standards measures |
| 77. | Provision of legal services (temporary and permanent basis) |
| 78. | Sentencing - taking convictions into account |
| 79. | Victims’ rights measures in criminal cases – minimum standards (Victims’ Rights Directive) |
See also[edit]
Intergovernmental arangements[edit]
Foreign affairs[edit]
UK internal market[edit]
References[edit]
- ↑ (1)Paun, (2)Sargeant, (3)Klemperer, (1)Akash, (2)Jess, (3)David (March 16, 2020). "Devolution: common frameworks and Brexit". Institute for Government. Unknown parameter
|url-status=ignored (help)CS1 maint: Multiple names: authors list (link) - ↑ Jack, Maddy Thimont (November 7, 2018). "EU Withdrawal Act 2018". Institute for Government. Unknown parameter
|url-status=ignored (help) - ↑ "UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill". Law of Scotland Society. Unknown parameter
|url-status=ignored (help) - ↑ Stephen, Phyllis (April 17, 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. Unknown parameter|url-status=ignored (help) - ↑ Dickie, Mure (December 13, 2018). "Supreme Court rules Scottish Brexit law exceeds lawmaking powers". Financial Times. Unknown parameter
|url-status=ignored (help) - ↑ Segan, James (July 19, 2018). "The European Union (Withdrawal) Act 2018: Ten Key Implications for UK Law and Lawyers". Blackstone Chambers. Unknown parameter
|url-status=ignored (help) - ↑ 7.0 7.1 "Northern Ireland and the conundrum for the UK internal market after Brexit". UK in a changing Europe. 16 July 2020.
- ↑ "Policies". European Commission - European Commission.
- ↑ "Common UK policy frameworks". Business Sennedd. October 26, 2017. Unknown parameter
|url-status=ignored (help) - ↑ Lidington CBE, The Rt Hon. David (July 3, 2019). "Common Frameworks Update". Gov.UK. Unknown parameter
|url-status=ignored (help) - ↑ Williamson, David (March 9, 2018). "These are 24 powers in devolved areas the UK Government wants after Brexit". Wales Online. Unknown parameter
|url-status=ignored (help)
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