Question to the Cabinet Office:

To ask the Minister for the Cabinet Office, what assessment has been made of the potential impact of dynamic alignment with EU law under the 2025 UK-EU Common Understanding on the constitution.

As part of the deal we secured at the first UK-EU summit in May, we agreed to dynamically align with the EU in specific areas where it makes sense, and where there is a benefit to the UK economy. Exporters have been clear that this will reduce the regulatory burden. This deal includes an SPS (sanitary and phytosanitary) agreement, which will make it easier for food and drink to be imported and exported by reducing the red tape, and linking our respective Emissions Trading Systems. Together these measures are set to add nearly £9 billion to the UK economy by 2040.

The Common Understanding is clear that where the UK Government decides to align with EU rules as part of a new agreement this will give due regard to the UK’s constitutional and Parliamentary procedures. The UK will be involved, as a sovereign nation outside of the European Union, at an early stage and contribute to the decision-shaping process of European Union legal acts.

The Court of Justice of the European Union (CJEU) will have a limited role in assisting an independent arbitration tribunal responsible for deciding a dispute between the UK and the EU. The CJEU does not rule on the substantive outcome of the dispute - that is a matter for the independent arbitration panel.