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Devolution: Inter-Institutional Relations in the United Kingdom

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Devolution: Inter-Institutional Relations in the United Kingdom HOUSE OF LORDS SESSION 2002–03 2nd REPORT SELECT COMMITTEE ON THE CONSTITUTION DEVOLUTION: INTER-INSTITUTIONAL RELATIONS IN THE UNITED KINGDOM Ordered to be printed 17 December 2002 PUBLISHED BY AUTHORITY OF THE HOUSE OF LORDS LONDON – THE STATIONERY OFFICE LIMITED [£13.00] HL Paper 28 CONTENTS Paragraph Page Glossary............................................................................................................................. 4 SUMMARY OF RECOMMENDATIONS............................................................................ 5 INTRODUCTION: DEVOLUTION IN THE UNITED KINGDOM.................................... 9 CHAPTER 1: ARRANGEMENTS FOR INTERGOVERNMENTAL RELATIONS .......... IN THE UNITED KINGDOM ............................................................... 16 12 Informality and the reliance on goodwill ............................................................ 24 15 The role of the Joint Ministerial Committee ....................................................... 30 16 Concordats .......................................................................................................... 38 18 The resolution of disputes ................................................................................... 46 19 The broader dimensions of intergovernmental relations .................................... 49 20 CHAPTER 2: ARRANGEMENTS WITHIN THE UK GOVERNMENT........................ 52 21 The Secretaries of State for the devolved areas of the UK and their Offices ..... 54 21 The Office of the Deputy Prime Minister ........................................................... 69 25 Relationships at the centre .................................................................................. 77 26 CHAPTER 3: FINANCING DEVOLUTION.................................................................... 79 27 How the devolved bodies are financed ............................................................... 82 27 Financial and constitutional implications of the Barnett formula ....................... 86 28 Payments outside the scope of the Barnett formula ............................................ 96 30 Reviewing the Barnett formula?........................................................................ 103 32 CHAPTER 4: INTER-PARLIAMENTARY RELATIONS ............................................ 110 34 The scrutiny of intergovernmental relations ..................................................... 111 34 Legislating for Wales after devolution .............................................................. 119 35 Legislating for Scotland after devolution: the Sewel convention ..................... 126 38 Improving links between the UK’s Parliaments and Assemblies ..................... 135 39 Lessons for Westminster from Holyrood, Cardiff Bay and Stormont? ............ 144 40 CHAPTER 5: CROWN SERVICE: THE CIVIL SERVICE AFTER DEVOLUTION... 149 42 Special advisers across the UK ......................................................................... 155 43 One Civil Service or several? ........................................................................... 156 43 CHAPTER 6: DEVOLUTION AND THE EUROPEAN UNION .................................. 170 46 The framework of relations between the devolved administrations and the EU 171 46 The transposition and implementation of EU obligations ................................ 180 48 Input into EU policy by the devolved administrations ..................................... 185 49 CHAPTER 7: CONCLUSION......................................................................................... 190 51 Appendix 1: Membership and Declarations of interest............................................................... 52 Appendix 2: Contact details ........................................................................................................ 53 Appendix 3: List of witnesses ..................................................................................................... 54 Appendix 4: Committee visits..................................................................................................... 56 Appendix 5: Commissioned research papers .............................................................................. 59 Box 1: How it works in practice: the case of Foot and Mouth disease ....................................... 13 Box 2: Ministerial Meetings for Agriculture............................................................................... 17 Box 3: Sewel Motions................................................................................................................. 23 Box 4: The Barnett Formula........................................................................................................ 27 Box 5: Principles to be Adopted in Government Bills Affecting the National Assembly for Wales 37 Box 6: A Problem in Agriculture: Modulation............................................................................ 49 Box 7: EU Issues Causing Problems in Agriculture ................................................................... 50 Glossary AM Assembly Member (in Wales) AME Annually Managed Expenditure Barnett formula see Box 4 (p. 27) BIC British–Irish Council CAP Common Agricultural Policy COBRA Cabinet Office Briefing Room A network DEFRA Department for the Environment, Food and Rural Affairs DEL Departmental Expenditure Limit EU European Union JMC Joint Ministerial Committee MAFF Ministry for Agriculture, Fisheries and Food (now part of DEFRA) MEP Member of the European Parliament MLA Member of the Legislative Assembly (in Northern Ireland) MP Member of Parliament (House of Commons, Westminster) MSP Member of the Scottish Parliament NICS Northern Ireland Civil Service ODPM Office of the Deputy Prime Minister OSAG Office of the Solicitor to the Advocate-General Sewel motions see Box 3 (p. 23) UKREP United Kingdom Permanent Representation to the European Union Note Both oral and written evidence received by the Committee have been published in the volume: Devolution: Inter-Institutional Relations in the United Kingdom (HL Paper 147, Session 2001–02). In the text of the report: Q. refers to a Question; and p. refers to a page number in the evidence volume. SECOND REPORT 17 DECEMBER 2002 By the Select Committee on the Constitution. ORDERED TO REPORT DEVOLUTION: INTER–INSTITUTIONAL RELATIONS IN THE UNITED KINGDOM SUMMARY OF RECOMMENDATIONS Use of formal mechanisms 1. We recommend that further use should be made of the formal mechanisms for intergovernmental relations, even if they seem to many of those presently involved to be excessive. Formal mechanisms, such as the Joint Ministerial Committee (JMC), are not intended to serve as a substitute for good relations in other respects, or for good and frequent informal contacts, but rather to serve as a framework for such relations and to act as a fall-back in case informal personal relations cease to be sufficient. Such mechanisms are likely to become increasingly important when governments of different political persuasions have to deal with each other. (para. 29) Joint Ministerial Committees 2. We recommend: (a) that the criteria to determine whether a meeting should be a Joint Ministerial Committee meeting should be resolved and published; (b) that at least one formal meeting of the JMC in ‘functional’ form should be held each year in each policy area where functions are devolved to two or three devolved administrations and exercised by the UK Government for the rest, or where there is substantial overlap between functions that are devolved and those retained at United Kingdom level; and (c) that the existing agriculture Ministers’ meetings become JMC meetings, assuming that they meet the criteria stipulated above. (para. 33) Openness 3. We recommend the following steps to ensure greater openness: (a) the UK Government should issue a substantive press statement as a matter of course after every meeting of the Joint Ministerial Committee. Wherever possible, that statement should be agreed by the parties, and should contain as much information as possible. At the very least, it should record the fact that the meeting took place, where it took place and who attended it; and (b) the UK Prime Minister should make a statement to the House of Commons after each annual plenary meeting of the JMC regarding both that meeting and the conduct of intergovernmental relations within the United Kingdom generally over the previous 12 months. (para. 37) 6 SECOND REPORT FROM THE Concordats 4. We recommend that concordats be made for a fixed term only, capable of being varied during that term if necessary but to terminate at the end of that term and be renegotiated. During that term, it would not be open to a party to withdraw from or repudiate a concordat. (para. 43) 5. We also recommend: (a) that all concordats and other agreements between the UK Government and any devolved administration should be deposited in the Libraries of both Houses of Parliament within two weeks of their being concluded; and (b) that the UK Prime Minister’s annual statement about intergovernmental relations should be accompanied by the deposit of a list in the Libraries of both Houses of Parliament of all concordats and other intergovernmental agreements concluded during the previous 12 months or in force at the date of the plenary Joint Ministerial Committee meeting. (para. 45) The Secretaries of State for the devolved areas and their Offices 6. We recommend that the Government should consider: (a) merging the existing Devolution and English
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