Post-Brexit policy frameworks for UK ‘could see Assembly’s

Chief reporter Martin Shipton reveals the complex web of UK-wide legislation after Brexit could result in a de facto reduction of the devolved administrations’ powers

THE creation of UK-wide policy frameworks after Brexit could result in a further rolling back of devolved powers, according to a committee of the National Assembly.

A report by the External Affairs and Additional Legislation Committee details the complicated nature of scrutiny that will be required if and when we leave the EU.

Explaining why new policy frameworks are necessary, the report states: “After Brexit, to prevent any barriers to trade emerging between the nations of the UK, and to allow the UK to offer a degree of certainty to potential future trading partners, the governments of the UK are seeking to create UK-wide common policy frameworks to replace some of those currently set by the EU.

“Frameworks will be a complex weave of legislative and non-legislative outputs that could include Bills, subordinate legislation, memorandums of understanding, and/or concordats.

“There is a need for a centralised oversight function, to ensure that the [detailed] implications of multiple and complex inter-relationships developed by the frameworks process are understood.”

Referring to the wide-ranging nature of the frameworks, the report states: “A significant range of policy areas, from agricultural payments to hazardous substances, that are currently devolved in the UK, sit within EU legislative frameworks to ensure that policies in member states do not diverge to the extent that they create distortions in the common market and agreed standards.

“If you like, these frameworks are there to ensure a level playing field whilst allowing a degree of policy discretion to meet local circumstances.

“Since the advent of devolution, devolved policy areas covered by these EU frameworks have operated within the parameters set in Brussels. This has allowed policy divergence across the UK’s constituent nations, but within a consistent set of common rules. On leaving the EU, following the end of the transition period, these EU frameworks will cease to apply in the UK.”

The report explains that there are three kinds of policy areas involving cooperation between the UK and Welsh governments: those where no further action to create a common framework is required; those where non-legislative framework agreements might be required; and those