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Clearance for Proposals which Impact on Particular Policy Areas

For some policy areas, there are more detailed rules about when clearance must be sought. Some examples are listed below however the relevant Committee secretaries will be able to advise you further (see FAQs on how to find the appropriate Committee secretary).

Legislative Proposals

All legislative proposals (potential Bills and amendments to Bills during their passage through Parliament) require both legislative and policy clearance.

These proposals will need to be considered by both the Legislation Committee (known as L Committee) and the relevant policy Committee. For more information on clearing legislative proposals, please refer to the Guide to Legislative Procedures.

European Proposals

UK policy on EU issues may require clearance by the Ministerial Committee on National Security, International Relations and Development, Sub-Committee on Europe (NSID(EU)).

In particular, the UK line in European negotiations needs to be agreed collectively where the matter in question affects the responsibilities of more than one Department. Correspondence between the responsible Minister and the members of NSID(EU) is the usual means by which agreement is obtained.

The stage at which clearance is requested, is a matter for the judgement of the lead Department on a case by case basis, but usually the agreement of NSID(EU) is sought:

• for the initial line to take in negotiations;
  
• if a significant change in the UK's line is proposed;
  
• towards the end of negotiations if a compromise position emerges;
  
• for negotiating lines on matters which could impact on other Departments; or
  
• for negotiating lines on matters which are likely to have implications for the Government's strategic EU policy priorities.
  

Similarly, the UK position on infraction cases also needs to be agreed collectively by NSID(EU).

However, decisions on the implementation of European legislation in the UK will be a matter for the relevant domestic policy Committee.

There is more information on handling NSID(EU) correspondence in the section on Committee Correspondence in this guide and there is more detailed guidance available in a separate Guide to NSID(EU) Correspondence [Government Secure intranet].

Regulatory Proposals

All proposals likely to impose a significant burden on the private, public or third sectors require clearance from a meeting of ED (PRA). A significant burden is one that is likely to impose a cost of over £20m p/a or disproportionately impact a particular sector. All such proposals should be agreed with the Better Regulation Executive (BRE) and be accompanied by an Impact Assessment (IA).

These requirements equally apply to major regulatory proposals stemming from UK lines in European negotiations.

There is more information on handling ED (PRA) correspondence in the section on Committee Correspondance in this guide.