United Kingdom common framework policies
On 15 March 2018, The United Kingdom Government published a list of policy areas that will fall under devolved competence, but will require action to ensure the security and integrity of the UK Internal Market.
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
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[9].
Objectives
Common frameworks will be established where they are necessary in order to: [10]
- To allow the UK internal market to continue functioning, while allowing the devolved government and parliaments to diverge[disambiguation needed] 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[disambiguation needed] and access to justice in cases that include a cross-border disputes requiring a resolution[disambiguation needed]
- To provide safeguards to ensure the security of the United Kingdom
Implementation process
The implementation process is divided into 5 phases: [11]
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 carried out between the UK Government and the Individual Devolved governments, and the finished frameworks are then agreed upon in the Joint Ministerial Council (JMC)
And Common Framework Policies (No Further Action Required)
Below are the 64 policy areas where no further action is required[12]
| Department for Business, Energy & Industrial Strategy | |
|---|---|
| No | Area Of Law |
| 1 | Consumer law including protection and enforcement |
| 2 | Carbon capture and storage |
| 3 | Elements of employment law |
| 4 | Environmental law concerning energy industries |
| 5 | Heat metering and billing information |
| 6 | High efficiency |
| 7 | cogeneration / Combined Heat and Power (CHP) [NB - this appears in category 2 for Scotland] |
| 8 | Internal energy market / Third Energy Package |
| 9 | Onshore hydrocarbons licensing |
| 10 | Renewable Energy Directive |
| 11 | Security of supply (emergency stocks of oil) |
| 12 | Security of supply (gas) |
| 13 | Environmental law concerning energy planning consents |
| 14 | Transport of dangerous goods and transportable pressure equipment - Class 7 only |
| 15 | GEO-Blocking |
| Cabinet Office | |
|---|---|
| No | Area of Law |
| 16 | Voting rights and candidacy rules for EU Elections |
| Department for Digital, Culture, Media and Sport | |
|---|---|
| No | Area of Law |
| 17 | The Rental and Lending Directive (concerning library lending) |
| Department for Environment, Food and Rural Affairs | |
|---|---|
| No | Area of Law |
| 18 | Flood Risk Management |
| 19 | Management of Waste from Extractive Industries |
| 20 | Water Quality |
| 21 | Water Resources |
| 22 | Forestry (Domestic) |
| 23 | Land use |
| 24 | Noise directives |
| Department for International Trade | |
|---|---|
| No | Area of Law |
| 25 | Airport charges |
| 26 | Air Passenger Rights |
| 27 | Aviation - compensating PSO air routes |
| 28 | Aviation - groundhandling at airports |
| 29 | Aviation noise management at airports |
| 30 | Aviation Slots |
| 31 | Bus Franchising rules |
| 32 | Cableways |
| 33 | Driver hours and tachographs |
| 34 | Electronic road toll systems |
| 35 | Elements of harbours (marine environment issues) |
| 36 | Maritime - public service contracts/obligation s, and financial assistance for shipping services which both start and finish within Scotland/to, from and within Wales |
| 37 | Maritime – ports services and port reception facilities, including for ship-generated waste |
| 38 | Maritime Employment and Social Rights |
| 39 | Passenger rights (rail) |
| 40 | Rail franchising rules - insofar as they do not relate to state aid rules |
| 41 | Rail markets and operator licensing (governance, structure, track access & charging) |
| 42 | Rail markets - train driving licenses and other certificates |
| 43 | Rail safety |
| 44 | Rail Workers Rights Directive |
| 45 | Retrofitting of HGV mirrors |
| 46 | Road infrastructure safety management |
| 47 | Use of goods vehicles hired without drivers |
| 48 | Charging of HGVs |
| 49 | Coach and bus services |
| 50 | Roadworthiness Directive |
| 51 | Speed limitation devices |
| 52 | Driver CPC (certificates of professional competence) |
| 53 | Mutual recognition of qualifications (but not CPC) |
| 54 | Safety specifications |
| 55 | Trans European Transport Network |
| 56 | Transporting Dangerous Goods by Rail, Road and Inland Waterway Directive |
| Department of Health and Social Care | |
|---|---|
| No | Area of Law |
| 57 | Implementation of cross border healthcare rights to treatment and reimbursement |
| Department for Work and Pensions | |
|---|---|
| No | Area of Law |
| 58 | Elements of EU social security coordination |
| 59 | Private cross border pensions |
| Government Equalities Office | |
|---|---|
| No | Area of Law |
| 60 | Equal treatment legislation |
| Health and Safety Executive | |
|---|---|
| No | Area of Law |
| 61 | Health and safety at work |
| 62 | Ionising radiation (occupational exposures) |
| Ministry of Housing, Communities and Local Government | |
|---|---|
| No | Area of Law |
| 63 | Environmental Impact Assessment (EIA) Directive |
| 64 | Energy Performance of Buildings Directive |
Common Framework Policies (Legislative)
Below are the 24 Policy areas that the United Kingdom Government will create Common Framework Polices for after Brexit using legislation. [13]
| Agriculture | |
|---|---|
| Legislation | (Agriculture Bill) |
| Sub areas |
|
| Animals | |
| Legislation | (Animal Welfare (Sentencing) Bill |
| Sub areas | |
| Chemicals | |
| Sub areas |
|
| Healthcare | |
| Sub area |
|
| Environment | |
| Legislation | (Environment Bill) |
| Sub areas |
|
| Fisheries | |
| Legislation | (Fisheries Bill) |
| Sub area | Fisheries management and support |
| Food Safety | |
| Sub areas |
|
| Emission Trading | |
| Legislation | (Finance Bill) |
| Sub area | Implementation of EU Emissions Trading System |
| Qualifications | |
| Sub area | |
| Procurement | |
| Sub area | Public procurement |
| Trade Liberation | |
| Sub area | Services Directive |
Common Framework Policies (Secondary Legislation )
Below are 79 policy areas that 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
Intergovernmental Arrangements
Policies of the United Kingdom
United Kingdom constitutional law
Foreign Affairs
Foreign relations of the United Kingdom
Free Trade Deals of the United Kingdom
UK Internal Market
References
- ^ (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) CS1 maint: url-status (link) - ^ Jack, Maddy Thimont (7 November 2018). "EU Withdrawal Act 2018". Institute for Government.
{{cite web}}: CS1 maint: url-status (link) - ^ "UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill". Law of Scotland Society.
{{cite web}}: CS1 maint: url-status (link) - ^ 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". The Edinburgh Reporter.
{{cite web}}: Check|url=value (help)CS1 maint: url-status (link) - ^ Dickie, Mure (13 December 2018). "Supreme Court rules Scottish Brexit law exceeds lawmaking powers". Financial Times.
{{cite web}}: CS1 maint: url-status (link) - ^ Segan, James (19 July 2018). "The European Union (Withdrawal) Act 2018: Ten Key Implications for UK Law and Lawyers". Blackstone Chambers.
{{cite web}}: CS1 maint: url-status (link) - ^ https://ukandeu.ac.uk/northern-ireland-and-the-conundrum-for-the-uk-internal-market-after-brexit/
- ^ https://ec.europa.eu/info/policies_en
- ^ https://ukandeu.ac.uk/northern-ireland-and-the-conundrum-for-the-uk-internal-market-after-brexit/
- ^ "Common UK policy frameworks". Business Sennedd. 26 October 2017.
{{cite web}}: CS1 maint: url-status (link) - ^ Lidington CBE, The Rt Hon. David (3 July 2019). "Common Frameworks Update". Gov.UK.
{{cite web}}: CS1 maint: url-status (link) - ^ "Revised Frameworks Analysis" (PDF). Gov.Uk.
{{cite web}}: CS1 maint: url-status (link) - ^ Williamson, David (9 March 2018). "These are 24 powers in devolved areas the UK Government wants after Brexit". Wales Online.
{{cite web}}: CS1 maint: url-status (link)