The Relationship Between the UK and Scottish Governments: Government Response to the Committee’S Eighth Report

House of Commons Scottish Affairs Committee The relationship between the UK and Scottish Governments: Government Response to the Committee’s Eighth Report Seventh Special Report of Session 2017–19 Ordered by the House of Commons to be printed 9 July 2019 HC 2532 Published on 10 July 2019 by authority of the House of Commons The Scottish Affairs Committee The Scottish Affairs Committee is appointed by the House of Commons to examine the expenditure, administration, and policy of the Scotland Office (including (i) relations with the Scottish Parliament and (ii) administration and expenditure of the offices of the Advocate General for Scotland (but excluding individual cases and advice given within government by the Advocate General)). Current membership Pete Wishart MP (Scottish National Party, Perth and North Perthshire) (Chair) Deidre Brock MP (Scottish National Party, Edinburgh North and Leith) David Duguid MP (Conservative, Banff and Buchan) Hugh Gaffney MP (Labour, Coatbridge, Chryston and Bellshill) Christine Jardine MP (Liberal Democrat, Edinburgh West) Ged Killen MP (Labour (Co-op), Rutherglen and Hamilton West) John Lamont MP (Conservative, Berwickshire, Roxburgh and Selkirk) Paul Masterton MP (Conservative, East Renfrewshire) Danielle Rowley MP (Labour, Midlothian) Tommy Sheppard MP (Scottish National Party, Edinburgh East) Ross Thomson MP (Conservative, Aberdeen South) Kirstene Hair MP (Conservative, Angus) was also a Member of the Committee during this inquiry. Powers The Committee is one of the departmental select committees, the powers of which are set out in House of Commons Standing Orders, principally in SO No. 152. These are available on the internet via www.parliament.uk. Publication © Parliamentary Copyright House of Commons 2019. This publication may be reproduced under the terms of the Open Parliament Licence, which is published at www.parliament.uk/copyright/. Committee reports are published on the Committee’s website and in print by Order of the House. Evidence relating to this report is published on the inquiry publications page of the Committee’s website. Committee staff The current staff of the Committee are Ben Williams (Clerk), Bradley Albrow (Second Clerk), Ben Rayner (Committee Specialist), Chloe Freeman (Senior Committee Assistant), Robert McQuade (Committee Assistant), and Nina Foster (Media Officer). Contacts All correspondence should be addressed to the Clerk of the Scottish Affairs Committee, House of Commons, London SW1A 0AA. The telephone number for general enquiries is 020 7219 8204; the Committee’s email address is [email protected]. You can follow the Committee on Twitter using @CommonsScotAffs Government Response to the Committee’s Eighth Report 1 Seventh Special Report The Scottish Affairs Committee published its Eighth Report of Session 2017–19, The relationship between the UK and Scottish Governments, HC 1586, on 7 June 2019. The Government response to the Report was received on 5 July 2019, and is published as an appendix to this Report. Appendix The Scottish Affairs Select Committee published its report on relations between the UK Government and the Scottish Government on 7 June 2019. This document sets out the UK Government’s response to the conclusions and recommendations set out in that report. The UK Government read with interest the Committee’s report. Intergovernmental relations are vital to the effective functioning of devolution and, most importantly, to the delivery of services for all citizens across the UK. As we leave the EU, the ability of the UK Government and the devolved administrations to work constructively and effectively together for the benefit of people in the UK is more important than ever. The UK Government is fully committed to the review of intergovernmental relations which is being taken forward jointly with the devolved administrations. We welcome Committee’s interest in intergovernmental relations and we are grateful for the recommendations the Committee has made. 1. The relationship between the UK and Scottish Governments has come under renewed strain at a time when cooperation and trust is needed most. The current system of intergovernmental relations is not able to cope with the pressure being placed on it. Whilst we recognise that disagreement between the UK and Scottish Governments is inevitable and legitimate, we believe that the frequency and nature of the disputes we have seen in recent years have been exacerbated by a fundamental—and avoidable— deficit of trust in the relationship. The two governments need to have a relationship that is strong enough to survive disagreement. In the remainder of this Report we recommend reforms which could be made to improve machinery and governance arrangements which support intergovernmental relations. However, none of these reforms will be successful unless trust is rebuilt through a fundamental change in the approaches of both governments. (Paragraph 18) 2. We are encouraged by both governments’ expressions of willingness to improve intergovernmental relations and welcome the Secretary of State’s commitment to a “new era of intergovernmental relations” after Brexit. We call on both Governments to work to rebuild trust and recognise the need for a cooperative and constructive relationship underpinned by the principle of parity of esteem. This would ensure that both governments are treated as equals in their respective areas of competence, and ensure mutual respect for each other’s authority, even in the face of disagreement. Unless both governments summon the political will to work to rebuild trust the relationship will only deteriorate further. (Paragraph 19) The UK Government is committed to constructive engagement and strong intergovernmental working with all devolved administrations. We recognise, however, that there are challenges which come with a UK Government staunchly supportive of 2 Government Response to the Committee’s Eighth Report devolution and a Scottish Government campaigning for independence. The Committee’s recommendation implies that there has been an increase in disputes in recent years. However it must be noted that differences have only ever escalated into formal disputes on four occasions over the last two decades. There is a clear difference between political disagreement and a failure of process or a breakdown in the relationship as the Committee suggest has occurred. There are clear structures in place for engagement and joint working and a range of evidence of how the UK Government has sought to work constructively with the Scottish Government to deliver for the people of Scotland. This can be seen through the step taken to invite devolved administration Ministers to the UK Government Cabinet sub- Committee for European Union Exit and Trade (Preparedness) (EUXT(P)), when relevant issues are on the agenda. This is in addition to the role that the Joint Ministerial Committee on EU Negotiations (JMC(EN)) plays. Representatives from the devolved administrations also participate in the Ministerial Forum on EU Negotiations and the Joint Ministerial Committee on Europe (JMC(E)) that covers current EU business. At the March 2018 Joint Ministerial Committee Plenary session, the UK Government and devolved administrations recognised the need to review the current intergovernmental relations architecture to ensure it continues to work effectively as the UK leaves the EU. It is vital that we ensure that the governments of the UK work together effectively in a way that respects the devolution settlements and devolved institutions, and crucially that works on behalf of all citizens and businesses in the UK. 3. We believe that, as the UK’s highest–level intergovernmental forum, the JMC should be a productive forum which is robust enough to cope with different governments with divergent policy objectives. The existing set up and organisation of the JMC has resulted in it being predominantly controlled by the UK Government. This has limited its effectiveness as a forum for meaningful engagement between the UK’s four governments. The JMC therefore urgently requires reform. (Paragraph 31) 4. The effectiveness of the JMC will hinge on how it works in practice, rather than what it is called. We were not persuaded by any of the alternatives to the current JMC format. Although proponents of more fundamental reform tended to coalesce around the idea of a UK Council of Ministers, we are not convinced that this proposal offers benefits which cannot be delivered through the reforms to the JMC. (Paragraph 32) 5. Instead there are several reforms we think that the Government could make to the JMC to ensure it embodies the principle of parity of esteem and becomes a forum where all four governments can engage as equals. We recommend that: a) JMC meetings should be hosted and chaired by each of the UK’s administrations on a rotating basis. b) JMC meetings should be held frequently, and to a set schedule. c) JMC agendas should be agreed in advance between all parties. (Paragraph 33) We recognise the need to maintain and build upon existing machinery, acknowledging the range of views on the effectiveness of the current arrangements. The review of intergovernmental relations is a joint endeavour, and we are therefore working with Government Response to the Committee’s Eighth Report 3 the devolved administrations to discuss all suggestions for how to practically improve intergovernmental relations, including on machinery and the way in which our joint forums are run. The various forms of the JMC allow

Load more