Thank you for the invitation to be here today, convener. This morning, Gill Glass reminded me that I last spoke to members of the committee about common frameworks on 2 November 2018, which seems an age ago—it is certainly several meaningful votes ago.
It is indicative of what has taken place over the past almost four months that the issue of common frameworks has diminished in public interest and importance in that time. That is not by our choice; it is because the prospect of what we might call a negotiated compromise, or orderly exit, from the European Union has diminished during that time.
We are not in this position by choice; we are in this situation in relation to common frameworks because we face being dragged out of the EU against our will and, in those circumstances, we have tried to come to a rational and reasonable conclusion with the UK Government on some of the issues that were always—and should remain—within the devolved settlement. We are not opposed to UK-wide frameworks when they are in Scotland’s interests—our actions over the past two years have shown that. At the base of our concern is the key issue that such frameworks should be negotiated rather than imposed. That is the policy that we continue to pursue.
Frameworks are not a policy objective of the Scottish Government; they are an unfortunate necessity, given where things were. Given the current circumstances, it is very difficult to say where they are now. I say that as an important preamble to our discussion today.
Discussions on frameworks have been conducted at official level, overseen by the joint ministerial committee on EU negotiations. There have been several rounds of intensive multilateral policy discussions, primarily focused on what became 24 policy areas, where it was thought that legislation might be required to implement frameworks—although there are now far fewer frameworks of which that is true.
Initial framework outlines in six areas were considered by the JMC(EN) in October 2018. It is important to note that that was before the supposed agreement between the UK Government and the EU. The areas that were considered were fisheries; animal health and welfare; nutrition; hazardous substance planning; food and feed safety and hygiene; and public sector procurement. The technical work by officials to complete outline templates is underpinned by the statement of principles that was agreed by the JMC(EN) in October 2017—a year before. That work is being taken forward by agreement and is without prejudice to the views of ministers.
Officials have analysed the draft outlines to draw out high-level messages and lessons that can inform the frameworks that are yet to be drafted, to ensure consistent approaches to governance questions. It was never the intention that frameworks would be in place by exit day, and, although there is a connection with the necessity for various pieces of legislation to be in place for exit day, that is only a connection and not an absolute link. Frameworks remain discrete longer-term arrangements that are to be put in place post-Brexit. They will be agreed only when there is clarity about the UK’s final agreement, the future relationship with the EU and the situation in Northern Ireland. The progress on frameworks will therefore continue until the end of the implementation period, if that is December 2020—although, again, that is absolutely up for grabs.
Officials are now turning their attention to the frameworks in the non-legislative category. Work continues on the cross-cutting issues that are required to be worked through in order for frameworks to be finalised in the areas of domestic governance, international obligations, trade, the internal market and, where appropriate, future funding. We are committed to continuing to work collaboratively on developing those frameworks in specific areas, but, of course, we remain resolutely opposed to section 12 of the European Union (Withdrawal) Act 2018, and we will not discuss a framework if a restriction is imposed on devolved powers.
In that light, it is good news that the second report on the withdrawal act and common frameworks, which was published earlier this month, confirmed that the UK Government has again concluded, with us, that it does not need to bring forward any section 12 regulations at this juncture. In my view, that proves that section 12 was and is unnecessary. The frameworks process has demonstrated that, and it vindicates the Scottish Government’s position that section 12 is not necessary and should be repealed.
We will continue the process of engagement. We are keen to engage businesses and stakeholders, but, given the chaos at Westminster that they are presently confronting, they will not regard that matter as a priority at present.