Question to the Department for Energy Security & Net Zero:

To ask His Majesty's Government what steps they will take if any relevant Retained EU Law that underpins the Common Frameworks programme is revoked; and what changes they will make to the dispute resolution process to ensure that it can be utilised to deal with issues arising from the Retained EU Law (Revocation and Reform) Bill.

Each Common Framework contains a review and amendment mechanism. This ensures the Framework can adapt to changing policy and governance environments in the future and provides for both periodic review and an exceptional review triggered by a significant issue. A significant issue is an issue that fundamentally impacts the operation or scope of the Framework. In many cases, reform of the retained EU law which a Common Framework covers will comprise this. Where retained EU law covered by a Framework is revoked, the parties to the Framework would be able to use this mechanism to review the Framework and make the required amendments.

Whilst there are minor differences between the dispute avoidance and resolution mechanisms set out within different Common Frameworks they all follow broadly the same structure and process, and can escalate into intergovernmental relations level mechanisms where necessary. The dispute avoidance and resolution mechanism in Frameworks are designed to deal with policy and governance disputes arising under the Framework. This is a broad category and as a result disputes about reform of retained EU laws would already fall within scope without change required.

Retained EU law itself forms a key part of the scope of individual Common Frameworks and retained EU law reform could necessitate changes to a Framework. This would include any changes to working groups.

For Common Frameworks that are not fully implemented, the amended provisional Common Framework will be published on the completion of legislature scrutiny and sign-off by relevant ministers. As this includes NI ministers this will take place when the NI Executive is restored.

For Common Frameworks that are fully implemented, the amended Framework would be published on GOV.UK once all parties had given their approval, as a matter of course. Again, this will depend on the functioning of the NI Executive.