The UK government has today published provisional
analysis of the returning EU powers that will
result in the devolved administrations of the UK receiving
extensive new powers as we depart the EU.
This analysis covers 153 areas where EU laws intersect with
devolved competence. There are only 24 policy areas that
are now subject to more detailed discussion to explore
whether legislative common framework arrangements might be
needed, in whole or in part.
This means that the vast majority of powers returning from
Brussels will start off in Edinburgh, Cardiff and Belfast.
None of the existing powers of the devolved governments
will be affected in any way.
The document published today by the Cabinet Office makes
clear that the vast majority of these policy powers are now
intended to be in the full control of the devolved
governments from day one of Brexit. This is expected to
include policy areas such as:
- carbon capture and storage
- water quality
- charging of HGVs
- onshore hydrocarbon licensing
The 24 policy areas that are expected to require a UK
legislative framework and where it is intended that
existing EU rules and regulations will rollover into UK law
for a temporary period, include:
- animal health and traceability
- food and feed safety and hygiene law
- food labelling
- chemical regulation
This temporary restriction on the devolved governments
using some of these new EU powers is to help ensure an
orderly departure from EU law and to provide certainty to
UK businesses while new legislative frameworks are agreed.
Speaking as he published details of the new powers that
will transfer to the devolved governments, the Chancellor
of the Duchy of Lancaster, MP, said:
This is cast iron evidence that the EU Withdrawal Bill
will deliver significant brand new powers for the
devolved governments in Scotland, Wales and Northern
Ireland. The list we have published today shows how many
EU powers that were controlled by Brussels, will, after
Brexit, be controlled by the parliaments and assemblies
in Edinburgh, Cardiff and Belfast.
The vast majority of these new powers will be in the
control of the devolved administrations on the day we
leave the EU. There is a much smaller group of powers
where the devolved governments will be required to follow
current EU laws for a little bit longer while we work out
a new UK approach.
We are discussing with the devolved governments how this
process will work but, as the UK government, we feel very
strongly that we must have the ability to take action to
protect the UK internal market which represents a huge
investment to everyone in the UK.
We are publishing this material today because this can no
longer just be a conversation between governments - this
process has to be open and transparent. These issues are
of central importance to Parliament and the devolved
legislatures, as well as businesses and wider
stakeholders whose day to day activities will be affected
by these decisions.
The UK government has moved a considerable distance to
accommodate the concerns of the devolved government and
other parliamentarians. It is now time for others to
engage in a similarly constructive manner. We have not
yet been able to reach an agreed way forward on Clause 11
but I remain hopeful that we will still be able to.
