I note that the hon. Gentleman has just walked into the Chamber. He is welcome to make a speech later on setting out his own principles; I would listen to that very carefully. I am addressing clause 11 and schedule 3 to the Bill. There is a time and a place for the wider discussions he wants.
10.15 pm
So, returning to clause 11, it makes clear provision in relation to devolved legislative competence. In addition, the clause provides that any modification of retained EU law that would have been within the competence of the devolved legislatures before exit day will continue to be within their competence after exit day; I can confirm to my hon. Friend the Member for Stirling (Stephen Kerr) that point that he wished to be made. For example, where there is an EU directive that provides member states with discretion on the details of implementing an EU obligation, this clause ensures that devolved legislatures will retain any such flexibility to change that implementing legislation in line with the underlying directive as it stood immediately before exit day. In other words, a cast-iron guarantee is written into the Bill that no decision-making powers are taken away from the devolved Administrations as we leave the EU.
The arrangements I have described are temporary measures. The discussions that have already begun with the devolved Administrations will allow us to identify where common approaches will need to be retained to maintain the necessary common standards and frameworks of the UK domestic market, to fulfil our international obligations, to empower the UK as an open trading nation, to strike the best trade deals around the world, and to protect the common resources of our islands.
Crucially, the discussions and work we are undertaking now with the devolved Administrations will help us establish where common approaches are not necessary. I want to emphasise that we believe that in the majority of the policy areas where EU law intersects with devolved competence, common frameworks will not be required at all, or can be achieved through non-legislative means like concordats, and in these cases clause 11 provides a mechanism to release decision-making powers from the temporary competence arrangement through the Order in Council procedure, giving new powers to the devolved Administrations.