ABSTRACT
Legal and political parameters are not static. Significant ongoing developments within the UK as well as between the UK and other states, impact on UK governance, the evolution of domestic agricultural policy and the resilience of agriculture.
On the international plane, the key focus points are FTAs, including the Trade and Cooperation Agreement (TCA) with the EU, and WTO Agreements. Since FTAs may impact positively or negatively regarding both standards and market access, the UK Government and devolved administrations must consider carefully what future they see for agricultural policy and how FTAs can help in achieving their aims. The TCA establishes a much-impeded access to the EU market for products from Great Britain (and vice versa) in comparison to EU membership, but provides much greater access than a ‘no deal’. Crucially, whilst WTO law (including the GATT, Agreement on Agriculture and SPS and TBT Agreements) creates hurdles for the UK, it does not prevent the UK from introducing or maintaining high standards regarding the environment, health, consumer choice or morality. Care is simply needed in designing and justifying the provisions.
Internally, the issues around agricultural financing, common frameworks and the Internal Market Act 2020 all appear to lead to a recentralisation of powers towards Westminster. The tensions between the Devolution Settlements and the Internal Market Act are clearly visible and they are reshaping the constitutional underpinnings of the UK.
Both internal and international developments create new legal and political parameters that can directly affect policy content and functions, e.g. the impact of the TCA’s level playing field provisions and the Internal Market Act’s mutual recognition principle. The developments affect standards, market access, and competition – key considerations for any agricultural policies. It is essential that the four nations bear in mind these developments when reviewing their agricultural policies, including to foster resilience.
