Common UK policy frameworks - Fifth Senedd
The Fifth Senedd ended in May 2021.
Discover work relating to Common Frameworks in the Sixth Senedd (2021-2026)
The Fifth Senedd and common frameworks
During the course of the Fifth Senedd, the External Affairs and Additional Legislation Committee held frequent scrutiny sessions with Welsh and UK Government ministers to scrutinise the process of framework creation.
The Committee published its report on Common policy frameworks: Assembly scrutiny, on 9 December 2019. The report proposes an approach to Senedd scrutiny of UK-wide common policy frameworks. The Welsh Government responded to the report on 23 January 2020.
The Committee held a round table discussion with academics on the scrutiny of UK-wide common policy frameworks on 14 October 2019.
The Committee published a report on UK-wide common policy frameworks - discussion paper in August 2019. The paper aimed to provide an overview of what frameworks are and what Senedd committees might need to consider in terms of scrutiny.
On 3 July 2019, the Counsel General and Brexit Minister wrote (PDF, 253KB) to the Chairs of the Constitutional and Legislative Affairs Committee, the External Affairs and Additional Legislation Committee, and the Climate Change, Environment and Rural Affairs Committee to draw their attention to the publications, and to state that he welcomed the progress made on common frameworks.
On 3 July 2019 the UK Government issued a written statement on common frameworks and intergovernmental relations, announcing the publication of four documents:
- a progress report on the formation of the common frameworks;
- a document outlining key phases necessary to deliver the common frameworks;
- an outline framework relating to Hazardous Substances Planning; and
- a set of draft principles for intergovernmental relations.
The Committee held a scrutiny session with the Counsel General and Brexit Minister on 3 June 2019 at which the Counsel General and Brexit Minister answered questions about common UK policy frameworks.
In response, the Committee received a technical briefing from Welsh Government officials at its meeting on 20 May 2019, and the Counsel General and Brexit Minister followed this up with a letter to the Chair on 24 May 2019 (PDF, 460KB).
The Chair wrote (PDF, 380KB) to the Counsel General and Brexit Minister on 7 May 2019 to request further information on the Welsh Government’s position in relation to each of the areas identified in the UK Government’s provisional assessment as intersecting with Welsh devolved competence.
On Monday 14 January 2019, the Committee held an expert panel evidence session on the development of common UK policy frameworks and legislating for Brexit. This was followed up with a further expert panel evidence session on 17 June 2019, focussing on the scrutiny of common UK policy frameworks.
The Climate Change, Environment and Rural Affairs Committee published a report on UK common frameworks relating to agriculture and environment in July 2018.
Following the UK’s decision to leave the European Union, it was necessary for the UK Government and the devolved administrations to create common UK-wide approaches - or ‘frameworks’ - in policy areas that are governed by EU law, but that are within the competence of the devolved administrations or legislatures.
On 16 October 2017, the Joint Ministerial Committee (EU negotiations) published a communique (PDF, 71.8KB) that set out the principles that would govern the frameworks.
The communique stated that common frameworks would be established where they were necessary in order to:
- enable the functioning of the UK internal market, while acknowledging policy divergence;
- 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;
- safeguard the security of the UK.
On 9 March 2018, the UK Government published a provisional assessment (PDF, 197KB) of areas of EU law that intersected with devolved competence in each devolved administration The framework analysis covered 153 different policy areas, including agriculture and environmental policy, and concluded that there were:
- 49 areas where no further action was required;
- 82 areas where non-legislative frameworks may be required;
- 24 areas where legislative common framework arrangements might be needed.
The analysis also concluded that there are 12 policy areas that the UK Government believed to be reserved but that were subject to ‘ongoing discussion’ with the devolved governments. These included protected food names and state aid.
On 4 April 2019, the UK Government published a revised breakdown (PDF, 342KB) of the areas of EU law that intersect with the devolved administrations.
Business type: Common Framework
Reason considered: Senedd Business;
First published: 11/01/2019
- Correspondence from the Chair to the Counsel General and Minister for European Transition regarding common frameworks – 27 January 2021 PDF 168 KB
- Responses to the Committee’s Recommendations - 23 January 2020
- Common policy frameworks: Assembly scrutiny - December 2019
- UK-wide common policy frameworks: discussion paper - August 2019
- Correspondence from the Counsel General and Brexit Minister to the Chair regarding intergovermental relations and common frameworks - 3 July 2019 PDF 253 KB
- Correspondence from the Counsel General and Brexit Minister to the Chair regarding response to the framework analysis - 24 May 2019 PDF 460 KB
- Correspondence from the Chair of the External Affairs Committee to the Counsel General and Brexit Minister regarding revised framework analysis - 7 May 2019 PDF 380 KB
- Correspondence from the Counsel General and Brexit Minister to the Chair of the External Affairs Committee regarding UK common frameworks analysis - 4 April 2019 PDF 156 KB
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