division_name: European Union (Withdrawal) Bill &#8212; &#8220;Creation of UK-wide frameworks
motion: <p class="indent" pid="b703.4/37" pwmotiontext="yes">&#8220;omit &#8216;or with EU law&#8217;&#8221;.</p>
  
  <p class="indent" pid="b703.4/43" pwmotiontext="yes">&#8220;omit &#8216;or with EU law&#8217;&#8221;.</p>
  
  <p class="indent" pid="b703.4/69" pwmotiontext="yes">&#8220;omit &#8216;or with EU law&#8217;&#8221;.</p>
  
  <p class="indent" pid="b703.4/76" pwmotiontext="yes">&#8220;before &#8216;EU&#8217; insert &#8216;Retained&#8217;&#8221;</p>
  
  <p class="indent" pid="b703.4/89" pwmotiontext="yes">&#8220;and section 57(4) and (5) of that Act&#8221;.</p>
  
  <p class="indent" pid="b703.4/96" pwmotiontext="yes">&#8220;section 57(4) of the Scotland Act 1998, section 80(8) of the Government of Wales Act 2006 or&#8221;.</p>
  
  <p class="indent" pid="b703.4/99" pwmotiontext="yes">&#8220;section 57(4) of the Scotland Act 1998, section 80(8) of the Government of Wales Act 2006 or&#8221;.</p>
  
  <p class="indent" pid="b709.1/3" pwmotiontext="yes">&#8220;the most significant development in Scottish political history since the union of 1707.&#8221;</p>
  
  <p class="indent" pid="b713.0/2" pwmotiontext="yes">&#8220;Ministers noted the positive progress being made on consideration of common frameworks&#8221;.</p>
  
  <p class="indent" pid="b722.2/2" pwmotiontext="yes">&#8220;The removal of the EU constraints on withdrawal from the EU Treaties will alter the competence of the devolved institutions unless new legislative constraints are introduced. In the absence of such&#8230;restraints, withdrawal from the EU will enhance the devolved competence.&#8221;</p>
  
  <p class="indent" pid="b725.4/3" pwmotiontext="yes">&#8220;The sooner clause 11 is cast aside, the better.&#8221;</p>
  
  <p class="indent" pid="b725.4/6" pwmotiontext="yes">&#8220;The Order in Council powers in clause 11 and Schedule 3 are inappropriate and should be removed.&#8221;</p>
  
  <p class="indent" pid="b725.4/13" pwmotiontext="yes">&#8220;anything&#8221;</p>
  
  <p class="indent" pid="b725.4/15" pwmotiontext="yes">&#8220;could do before we leave the EU, they will able to do after we leave&#8221;.</p>
  
  <p class="indent" pid="b727.0/2" pwmotiontext="yes">&#8220;it may be that some amendments can be accepted with a little bit of modification&#8221;?</p>
  
  <p class="indent" pid="b728.0/2" pwmotiontext="yes">&#8220;drives a coach and horses through the devolution settlement&#8221;.</p>
  
  <p class="indent" pid="b734.3/4" pwmotiontext="yes">&#8220;Throughout the course of the Commission, the issue of weak inter-governmental working was repeatedly raised as a problem.&#8221;</p>
  
  <p class="indent" pid="b735.0/2" pwmotiontext="yes">&#8220;I am surprised and disappointed that the British government now appears not to be in a position to conclude what was agreed earlier&#8221;&#8212;</p>
  
  <p class="indent" pid="b740.4/2" pwmotiontext="yes">&#8220;has exacerbated the already serious tensions between the UK and the devolved Governments&#8221;,</p>
  
  <p class="indent" pid="b740.4/4" pwmotiontext="yes">&#8220;By returning all EU power to Westminster against the wishes of Scotland and Wales, the EU (Withdrawal) Bill is an attack on the principles of devolution.&#8221;</p>
  
  <p class="indent" pid="b740.4/7" pwmotiontext="yes">&#8220;The overall concerns regarding the devolution aspects of the EUW Bill arise from the constitutionally insensitive nature of the UK. Government&#8217;s approach&#8221;.</p>
  
  <p class="indent" pid="b740.4/10" pwmotiontext="yes">&#8220;the devolved administrations have insufficient trust in the process for agreeing these future relationships and have, accordingly, indicated that they will withhold legislative consent from the Bill.&#8221;</p>
  
  <p class="indent" pid="b740.4/14" pwmotiontext="yes">&#8220;Repeal the EU law constraint and amend schedule 5 to re-reserve specific competences to the UK level to enable UK Government to establish common frameworks.&#8221;</p>
  
  <p class="indent" pid="b740.4/17" pwmotiontext="yes">&#8220;Replace the cross-cutting EU constraint with new cross-cutting constraints, for example to protect the UK single market and/or to comply with international obligations. These might be more or less extensive than the EU law constraint in practice, but would have the benefit of (a) an underpinning principle and (b) catering for unforeseen cases.&#8221;</p>
  
  <p class="indent" pid="b740.4/20" pwmotiontext="yes">&#8220;Repeal the EU law constraint leaving EU competences to fall as determined by schedule 5&#8221;</p>
  
  <p class="indent" pid="b740.4/22" pwmotiontext="yes">&#8220;and any new common frameworks to be established by agreement between the UK Government and the devolved administrations.&#8221;</p>
  
  <p class="indent" pid="b740.4/25" pwmotiontext="yes">&#8220;Adopt the provisions in the bill on a transitional basis only and subject to a specific cut-off date. At the expiry of the transitional period, powers in devolved areas would revert to the devolved legislatures, unless specific alternatives had been put in place.&#8221;</p>
  
  <p class="indent" pid="b746.0/2" pwmotiontext="yes">&#8220;Nobody who voted for the Scottish Parliament exactly twenty years ago need worry&#8212;there is no &#8216;power grab&#8217; underway.&#8221;</p>
  
  <p class="indent" pid="b746.0/5" pwmotiontext="yes">&#8220;The main conclusion that emerges from this analysis is that most existing EU competences are reserved to the UK Parliament.&#8221;</p>
  
  <p class="indent" pid="b746.0/7" pwmotiontext="yes">&#8220;The policy responsibilities that would fall to the Scottish Parliament are correspondingly few&#8221;.</p>
  
  <p class="indent" pid="b752.0/2" pwmotiontext="yes">&#8220;We recommend that the UK Government agrees with the devolved administrations what areas should be subject to common frameworks and which ones can be devolved.&#8221;</p>
  
  <p class="indent" pid="b754.5/6" pwmotiontext="yes">&#8220;A UK framework is not a framework that the UK Government imposes; it is a framework that is agreed across the United Kingdom.&#8221;</p>
  
  <p class="indent" pid="b756.6/2" pwmotiontext="yes">&#8220;Ministers of the Crown shall only create&#8221;</p>
  
  <p class="indent" pid="b756.7/2" pwmotiontext="yes">&#8220;Ministers of the Crown shall only create UK-wide frameworks&#8221;.</p>
  
  <p class="indent" pid="b757.3/2" pwmotiontext="yes">&#8220;Ministers of the Crown shall only create UK-wide frameworks if they have consulted with, and secured the agreement of, the affected devolved administrations.&#8221;</p>
  
  <p class="indent" pid="b757.4/2" pwmotiontext="yes">&#8220;Ministers of the Crown shall only create UK-wide frameworks&#8221;.</p>
  
  <p class="indent" pid="b768.0/2" pwmotiontext="yes">&#8220;This section shall not come into effect until&#8230;the Scottish Parliament&#8230;the National Assembly for Wales&#8230;and&#8230;the Northern Ireland Assembly has passed a resolution approving the provisions&#8221;&#8212;</p>
  
  <p class="indent" pid="b774.1/2" pwmotiontext="yes">&#8220;LEAVE the EU and give control of the Scottish fishing industry to our democratically-elected Scottish Parliament&#8221;.</p>
  
  <p class="indent" pid="b774.3/2" pwmotiontext="yes">&#8220;We recommend that the UK and Scottish governments continue their efforts to secure agreement&#8221;.</p>
  
  <p class="indent" pid="b775.2/10" pwmotiontext="yes">&#8220;we still have to get the cabinet secretary to put pressure on departmental permanent secretaries to take devolution seriously&#8221;.</p>
  
  <p class="indent" pid="b775.2/16" pwmotiontext="yes">&#8220;We must take this opportunity to bring our United Kingdom closer together.&#8221;</p>
  
  <p class="indent" pid="b775.2/18" pwmotiontext="yes">&#8220;we must avoid any unintended consequences for the coherence and integrity of a devolved United Kingdom as a result of our leaving the EU.&#8221;</p>
  
  <p class="indent" pid="b775.2/21" pwmotiontext="yes">&#8220;When the UK leaves the EU, the powers which the EU currently exercises in relation to the common frameworks will return to the UK, allowing these rules to be set here in the UK by democratically-elected representatives.&#8221;</p>
  
  <p class="indent" pid="b775.2/25" pwmotiontext="yes">&#8220;significant increase in the decision making power of each devolved administration&#8221;</p>
  
  <p class="indent" pid="b775.2/28" pwmotiontext="yes">&#8220;The European Union (Withdrawal) Bill does not return powers from the EU to the devolved administrations, as promised. It returns them solely to the UK Government and Parliament, and imposes new restrictions on the Scottish Parliament and National Assembly for Wales.&#8221;</p>
  
  <p class="indent" pid="b775.2/31" pwmotiontext="yes">&#8220;imposes a &#8216;freeze&#8217; on the legislative competence of the National Assembly for Wales and other devolved parliaments. Essentially, the Assembly will still have to legislate within the bounds of EU law, as it existed immediately before the UK withdraws&#8230;This restriction will continue for an indefinite period&#8230;this means that the UK Government and Parliament could remove former EU rules for England, whereas the Assembly would not be able to do so for Wales.&#8221;</p>
  
  <p class="indent" pid="b779.1/4" pwmotiontext="yes">&#8220;London could step in and make law for Wales on devolved matters&#8221;.</p>
  
  <p class="indent" pid="b779.1/7" pwmotiontext="yes">&#8220;If this Bill does seek to constrain the Assembly&#8217;s powers, then it could be seen as undermining devolution and the democratic will of the Welsh people, as expressed in the 2011 referendum on full law-making powers for Wales.&#8221;</p>
  
  <p class="indent" pid="b779.1/9" pwmotiontext="yes">&#8220;The current proposals are a direct threat to the devolution settlement which the people of Scotland overwhelmingly voted for&#8221;.</p>
  
  <p class="indent" pid="b779.1/12" pwmotiontext="yes">&#8220;Matters of devolved competence are effectively reserved in this Act of UK Parliament&#8230; Devolved competence frozen&#8230;which will go out of date over time&#8230; No statutory basis for discussing and making new frameworks.&#8221;</p>
  
  <p class="indent" pid="b779.1/17" pwmotiontext="yes">&#8220;In the Welsh Government&#8217;s view, this is an extremely complex and confusing basis on which to construct a properly-functioning system of legislative devolution. Even if we agreed with the policy behind clause 11, we would have strongly to oppose the way the Bill impacts on the structural foundations of devolution, reversing as it does many of the gains for devolution which adoption of the Wales Act reserved powers model aims to create.&#8221;</p>
  
  <p class="indent" pid="b781.1/3" pwmotiontext="yes">&#8220;Whilst the Government has said that it plans to work with the devolved administrations to reach agreements on UK common frameworks, the devolved administrations have insufficient trust in the process for agreeing these&#8230;relationships and have, accordingly,  indicated that they will withhold legislative consent from the Bill. The Government must improve engagement with the devolved administrations. It must reach an agreement with the devolved administrations, which might result in changes to the Bill, setting out how and when&#8230;competencies will be devolved.&#8221;</p>
  
  <p class="indent" pid="b784.4/6" pwmotiontext="yes">&#8220;greater certainty about law-making powers&#8221;,</p>
  
  <p class="indent" pid="b784.4/8" pwmotiontext="yes">&#8220;reduces the likelihood of referral of devolved legislation to the UK Supreme Court, promoting efficiency and improving accountability and engagement.&#8221;</p>
  
  <p class="indent" pid="b784.4/12" pwmotiontext="yes">&#8220;it would prove a more coherent, stable and better functioning devolution settlement...that works in the interests of Wales and the United Kingdom as a whole&#8221;.</p>
  
  <p class="indent" pid="b784.4/14" pwmotiontext="yes">&#8220;allowed the devolution of discrete, meaningful, sensible policy areas&#8221;.</p>
  
  <p class="indent" pid="b787.1/6" pwmotiontext="yes">&#8220;In our prototype framework&#8212;whatever our internal market is destined to look like&#8212;at the moment, there is one party in the discussions that is wearing two hats, and that is the UK Government, who are also required to speak for England. That is a significant difficulty, in my view.&#8221;</p>
  
  <p class="indent" pid="b787.1/8" pwmotiontext="yes">&#8220;What I mean by giving greater powers is that during that period planned in the Withdrawal Bill, UK Ministers will be able to change the law that has been given back from Brussels, but the devolved&#8221;&#8212;</p>
  
  <p class="indent" pid="b787.1/10" pwmotiontext="yes">&#8220;will not. There is then a question of whether any changes made will be in the interests of the whole of the UK or just of England.&#8221;</p>
  
  <p class="indent" pid="b790.1/3" pwmotiontext="yes">&#8220;simply giving into demands from the devolved administrations for a complete takeover of powers would quickly fragment policy coherence threatening the function of the UK single market and even over time the political integrity of these islands.&#8221;</p>
  
  <p class="indent" pid="b790.1/5" pwmotiontext="yes">&#8220;It would be necessary to establish where coherence was vital and where policy could be devolved or shared. There are also financial considerations in some areas. Temporarily retaining the powers in Westminster through clause 11 while this is assessed and negotiated seems nothing more than procedural common sense. As a long-standing devolutionist, I support the process on this basis.&#8221;</p>
  
  <p class="indent" pid="b790.1/8" pwmotiontext="yes">&#8220;There will also be close working between the UK Government and the devolved administrations on reserved and excepted matters that impact significantly on devolved responsibilities.</p>
  
  <p class="indent" pid="b790.1/9" pwmotiontext="yes">Discussions will be either multilateral or bilateral between the UK Government and the devolved administrations. It will be the aim of all parties to agree where there is a need for common frameworks and the content of them.</p>
  
  <p class="indent" pid="b790.1/10" pwmotiontext="yes">The outcomes from these discussions on common frameworks will be without prejudice to the UK&#8217;s negotiations and future relationship with the EU.&#8221;</p>
  
  <p class="indent" pid="b791.2/3" pwmotiontext="yes">&#8220;I don&#8217;t want to leave anybody in any doubt, if the Bill cannot be amended&#8212;&#8221;</p>
  
  <p class="indent" pid="b791.2/5" pwmotiontext="yes">&#8220;there cannot be a legislative consent motion, there cannot be the progress that the government wants.&#8221;</p>
  
  <p class="indent" pid="b791.2/8" pwmotiontext="yes">&#8220;as to be incapable of meaningful understanding&#8221;.</p>
  
  <p class="indent" pid="b791.2/10" pwmotiontext="yes">&#8220;threatens to encroach on matters that are already devolved and legislated on by Holyrood under the current settlement.&#8221;</p>
  
  <p class="indent" pid="b791.2/13" pwmotiontext="yes">&#8220;In a constitution where legislative power is divided between the national parliament and devolved parliaments, uncertainty about the division of legislative power undermines foreseeability and predictability about the overall legal framework and is therefore inimical to the Rule of Law.</p>
  
  <p class="indent" pid="b791.2/14" pwmotiontext="yes">Clause 11 of the Bill is such a law: it re-defines the scope of devolved legislative competence after Brexit.&#8221;</p>
  
  <p class="indent" pid="b791.2/17" pwmotiontext="yes">&#8220;It just doesn&#8217;t wash to suggest&#8230;that criticism of clause 11 is just SNP grievance mongering. I&#8217;ve not heard anyone with any expertise on devolution who thinks it is acceptable.&#8221;</p>
  
  <p class="indent" pid="b791.2/23" pwmotiontext="yes">&#8220;the first significant rolling back of devolution since the process started twenty years ago.&#8221;</p>
  
  <p class="indent" pid="b793.1/2" pwmotiontext="yes">&#8220;This should be a profound constitutional moment, where the nature of the UK is properly addressed, and a debate and discussion is had about what the United Kingdom is for and what the roles of the various parties in the United Kingdom are. We have had any number of Select Committee reports from the Commons and the House of Lords dealing with interinstitutional relations, intergovernmental relations, and devolution&#8221;.</p>
  
  <p class="indent" pid="b795.3/3" pwmotiontext="yes">&#8220;Right now, Ireland is powerfully demonstrating the importance of being independent when it comes to defending your vital national interests.&#8221;</p>
  
  <p class="indent" pid="b799.1/3" pwmotiontext="yes">&#8220;Any approach that adopts a &#8216;Defra-centric&#8217;, one-size-fits-all policy on to the devolved nations would not be acceptable.&#8221;</p>
  
  <p class="indent" pid="b799.1/5" pwmotiontext="yes">&#8220;the broad principles are set in London and the details filled in across the nations.&#8221;</p>
  
  <p class="indent" pid="b801.0/2" pwmotiontext="yes">&#8220;A UK framework is not a framework that the UK Government imposes; it is a framework that is agreed across the United Kingdom.&#8221;</p>
  
  <p class="indent" pid="b805.0/6" pwmotiontext="yes">&#8220;established mechanisms for both proper consultation and shared decision making between governments.&#8221;</p>
  
  <p class="indent" pid="b806.0/8" pwmotiontext="yes">&#8220;The European Union (Withdrawal) Bill will result in a shift in balance between the powers Westminster has in practice and the powers Holyrood has in practice with Westminster&#8217;s powers being augmented and Holyrood's staying the same.&#8221;</p>
  
  <p class="indent" pid="b813.5/3" pwmotiontext="yes">&#8220;As the UK leaves the European Union, the Government of the United Kingdom and the devolved administrations agree to work together to establish common approaches in some areas that are currently governed by EU law, but that are otherwise within areas of competence of the devolved administrations or legislatures. A framework will set out a common UK, or GB, approach and how it will be operated and governed. This may consist of common goals, minimum or maximum standards, harmonisation, limits on action, or mutual recognition, depending on the policy area and the objectives being pursued. Frameworks may be implemented by legislation, by executive action, by memorandums of understanding, or by other means depending on the context in which the framework is intended to operate.&#8221;</p>
  
  <p class="indent" pid="b813.5/5" pwmotiontext="yes">&#8220;will be established where they are necessary in order to: enable the functioning of the UK internal market, while acknowledging policy divergence; ensure compliance with international obligations&#8221;.</p>
  
  <p class="indent" pid="b814.0/3" pwmotiontext="yes">&#8220;enable the management of common resources; administer and provide access to justice in cases with a cross-border element; safeguard the security of the UK.&#8221;</p>
  
  <p class="indent" pid="b814.0/5" pwmotiontext="yes">&#8220;respect the devolution settlements and the democratic accountability of the devolved legislatures, and will therefore: be based on established conventions and practices, including that the competence of the devolved institutions will not normally be adjusted without their consent; maintain, as a minimum, equivalent flexibility for tailoring policies to the specific needs of each territory as is afforded by current EU rules; lead to a significant increase in decision-making powers for the devolved administrations.&#8221;</p>
  
  <p class="indent" pid="b815.7/2" pwmotiontext="yes">&#8220;Frameworks will ensure recognition of the economic and social linkages between Northern Ireland and Ireland and that Northern Ireland will be the only part of the UK that shares a land frontier with the EU. They will also adhere to the Belfast Agreement.&#8221;</p>
  
  <p class="indent" pid="b818.1/6" pwmotiontext="yes">&#8220;the economic and social linkages between Northern Ireland and Ireland&#8221;.</p>
  
  <p class="indent" pid="b818.1/9" pwmotiontext="yes">&#8220;It will be the aim of all parties to agree where there is a need for common frameworks and the content of them.&#8221;</p>
  
  <p class="indent" pid="b832.0/4" pwmotiontext="yes">&#8220;Wales would not be one penny worse off after Brexit&#8221;</p>
  
  <p class="indent" pid="b832.0/6" pwmotiontext="yes">&#8220;at least as much support&#8221;</p>
  
  <p class="indent" pid="b832.0/14" pwmotiontext="yes">&#8220;have consulted with, and secured the agreement of, the affected devolved administrations&#8221;,</p>
  
  <p class="indent" pid="b834.2/7" pwmotiontext="yes">&#8220;Not only does the Bill propose a massive increase in the power of UK Ministers to legislate in the devolved areas, it also proposes that their exercise should not be subject to any form of Scottish parliamentary oversight or control. What is proposed therefore is a law-making system fundamentally at odds with two of the key principles on which the devolution settlement is based.&#8221;</p>
  
  <p class="indent" pid="b834.2/9" pwmotiontext="yes">&#8220;The sooner clause 11 of the Withdrawal Bill is cast aside, the better. Constitutionally maladroit, it warps the dialogue about the role and place of the domestic market concept post-Brexit.&#8221;</p>
  
  <p class="indent" pid="b834.2/11" pwmotiontext="yes">&#8220;the real purpose of Clause 11 is not to secure legal continuity but to strip the devolved institutions of any bargaining power that they might have when it comes to the discussion of common frameworks and all the rest.&#8221;</p>
  
  <p class="indent" pid="b836.3/3" pwmotiontext="yes">&#8220;The Scottish Government must retain the ability to manage, support and implement schemes, policies and regulations as it currently does&#8221;.</p>
  
  <p class="indent" pid="b837.2/5" pwmotiontext="yes">&#8220;Scotland is taking a lead in this area&#8230; Scotland has been able to&#8230; keep the relationships between the public, health and local authorities intact. In this country&#8221;&#8212;</p>
  
  <p class="indent" pid="b837.2/7" pwmotiontext="yes">&#8220;they have drifted apart&#8221;.</p>
  
  <p class="indent" pid="b837.2/10" pwmotiontext="yes">&#8220;The Scottish Government&#8230;have a statutory requirement to produce a land use strategy under their Climate Change Act, which is not the case for the rest of the country.&#8221;</p>
  
  <p class="indent" pid="b837.2/12" pwmotiontext="yes">&#8220;ever seen happen in England.&#8221;</p>
  
  <p class="indent" pid="b837.2/15" pwmotiontext="yes">&#8220;As far as I am concerned we have had a&#8230;positive experience in Scotland&#8230; I don&#8217;t have any particular concerns&#8230;in Scotland.&#8221;</p>
  
  <p class="indent" pid="b837.2/19" pwmotiontext="yes">&#8220;In particular, we will explore with the devolved administrations whether they wish to take a different or similar approach. We have been clear throughout that we respect the devolution settlements, that we expect more powers to be devolved and that no decisions which the devolved administrations currently make will be taken from them.&#8221;</p>
  
  <p class="indent" pid="b837.2/21" pwmotiontext="yes">&#8220;no decisions which the devolved administrations currently make will be taken from them.&#8221;</p>
  
  <p class="italic" pid="b839.0/3" pwmotiontext="yes">The House divided:</p>
  
  <p pid="b839.0/4" pwmotiontext="yes">Ayes 256, Noes 313.</p>