In 2022 this Committee published Respect and Co-operation: Building a Stronger Union for the 21st Century. In that report we identified a deterioration in relationships between the UK Government and the devolved administrations, driven by a perceived lack of co-operation and respect in intergovernmental relations and insufficient commitment to the process of consultation and engagement between the governments of the UK.
Mid-way through this follow-up inquiry into the Governance of the Union, the 2024 general election took place, bringing a new government to power at Westminster. The conclusions and recommendations in our report are intended as a guide to the new Government as it navigates the sometimes tense relationships between the different governments of the UK. We hope that this report will provide a reference point for the new Government to build and maintain a more effective Union, characterised by respect for, and co-operation with, the governments and legislatures of the devolved nations.
Brexit, the COVID-19 pandemic, aspirations for independence in Scotland and the repeated suspension of the devolved institutions in Northern Ireland have inevitably represented challenges to intergovernmental cooperation. However, the problems facing the governance of the Union cannot be attributed to these factors alone. Through this inquiry we examined the systemic issues facing intergovernmental co-operation. We sought to determine whether the distinct pressures caused by the events of recent years persist and whether intergovernmental relations are sufficiently robust to withstand future stresses and strains as they arise.
In doing so we placed particular focus on examining the effectiveness of the new intergovernmental relations structures introduced in January 2022 and the operation of the Sewel convention. We recommend, among other things, that a new ‘principle of positive engagement’ is added to the principles underpinning those new structures.
In our report we emphasise the central importance of constructive attitudes and culture as a means to deliver in the best interests of people throughout the Union. Without goodwill and co-operation, structures and conventions risk becoming meaningless. This is particularly important in those times when different political parties are in power in different nations of the UK—some of which aspire to the break-up of the Union.
As a Committee, we intend to return to this matter in the near future. In the meantime, we ask that the new Government undertakes to review intergovernmental relations and the operation of the Sewel convention over the coming year, with a view to implementing the recommendations in our report. We invite the Government to provide an update to the Committee on progress made by the end of September 2025.
The new intergovernmental structures are, on paper, a welcome initiative. They have the potential to remedy criticisms levelled at the previous intergovernmental structures by creating a more regular, transparent, and formal system of intergovernmental working.
However, the true test of their efficacy depends on how they operate in practice. If they are to realise their potential as genuine vehicles for collaboration and co-operation, the new Government must fully embed them into the day-to-day business of government and the devolved governments must demonstrate their commitment to engaging with the new structures.
While successful devolution requires goodwill on the part of all four governments, it is particularly incumbent upon the UK Government, as the most powerful body, to take account of the impact its decisions may have throughout the UK, demonstrating goodwill in its interaction with the devolved governments and sharing information in good faith.
Where different political parties are in power in different parts of the United Kingdom, underlying political differences are inevitable and unavoidable. If intergovernmental relations are to be effective and sustainable, then it is essential that all parties foster a culture of positive engagement.
The dispute resolution process, introduced as part of the new intergovernmental relations structures in January 2022, has not yet been fully tested. It is therefore not possible, at this time, to assess its efficacy.
Nevertheless, in our view, there are many circumstances in which engagement with the dispute resolution process is unlikely to be the most practical course of action. Often, informal dialogue between governments will be more effective. Where legislation is involved, bills and substantive amendments may make it impracticable to pursue a complaint through the dispute resolution process. In addition, the reality of different political parties holding power in different parts of the UK is that publicity engendered by high-profile public disputes will at times be more appealing than resolving issues through established governance structures. For all these reasons it may be that use of the dispute resolution process will remain limited. We will keep this under review.
Throughout our inquiry witnesses emphasised the important role for civil servants in ensuring that intergovernmental relations structures were effective. However, they expressed concern at the lack of knowledge and understanding some Whitehall civil servants held about devolution.
We urge the new Government to ensure that every department has a properly equipped team—and a Ministerial lead—with the knowledge and skills necessary to address, anticipate and engage with devolution matters as they arise, providing an identified point of contact for the devolved administrations.
Common frameworks exist to develop a common approach on important policy areas across the constituent nations of the UK, while also allowing for policy divergence where administrations agree to disagree. They represent a positive example of intergovernmental cooperation but have faced significant setbacks, including the collapse of the devolved institutions in Northern Ireland in February 2022 and the criticisms levelled at the Internal Market Act 2020. The finalisation of 28 common frameworks currently operating on a provisional basis has, therefore, been delayed.
With the re–establishment of the devolved institutions in Northern Ireland, we urge the new Government to mobilise every effort to finalise and fully implement all 32 common frameworks agreed between the UK Government and the devolved governments.
We consider that the territorial offices have an important role to play in strengthening the Union by enhancing Whitehall understanding of devolution and the political context in the devolved nations, and by guiding UK Government policy accordingly. The secretaries of state for Scotland, Wales and Northern Ireland have a particular duty to engage constructively with, and demonstrate respect for, the competences of the devolved administrations. They are in a position to represent the interests of the respective nations in the Cabinet and have direct access to ministers in other Government departments.
We welcome the new Government’s appointment of a new Minister for Intergovernmental Relations, based in the Cabinet Office, with responsibility for devolution. We look forward to engaging with him on the issues raised in this report.
In order to improve collaboration and co-operation between the nations of the UK, we recommend that a new principle of positive engagement is added to the existing principles for intergovernmental relations, currently listed in ‘The Review of Intergovernmental Relations’ policy document.
Such a principle would provide civil servants with a tool by which to remind ministers in the UK Government and the devolved governments of the expectation that they should engage with one another, including by working together on the development and implementation of policies of common concern.
The new Government made a commitment in the King’s Speech to establish a Council of the Nations and Regions, which will bring together the Prime Minister, the heads of the devolved governments and the mayors of combined authorities. It also made a commitment to bring forward an English Devolution Bill.
This Committee will keep the government proposals under careful review and examine their constitutional implications in due course, including their capacity to represent parts of England not falling within combined authorities.
We have concluded that since Brexit, the UK Government has legislated without the consent of one or more of the devolved legislatures on multiple occasions, and at times has done so on bills unrelated to Brexit. We urge the new Government to commit to respecting the Sewel convention.
We recognise that an increase in occasions on which the UK Government has legislated without consent may in part be the result of a trend since Brexit for the devolved governments to take a more expansive view of devolved competence. This has led to differences of opinion between the UK Government and the devolved governments as to whether consent is required for specific bills. In such circumstances, close and timely engagement between governments is required to address differences of opinion and, where possible, reach consensus.
The Devolution Guidance Notes are out of date. They do not take account of significant recent developments, such as the return of powers following the UK’s departure from the European Union and the development of common frameworks, or the introduction of new intergovernmental relations structures in January 2022. We recommend that the Devolution Guidance Notes should be updated as a matter of priority, and we urge the new Government to do so without delay. This should be completed alongside long overdue updates to the Cabinet Manual.
We note that there is currently no reciprocal convention requiring the devolved administrations to give notice to the UK Government of devolved legislation that could affect reserved matters. We recommend that the principle of positive engagement discussed previously includes a requirement that the UK Government and the devolved governments engage on legislative proposals that impact upon one another’s areas of legislative competence.
We recommend that the new Government develops a clear set of criteria regarding the appropriate use of delegated powers in areas of devolved competence. These criteria should be set out in guidance provided to the Office of the Parliamentary Counsel, which should be published.
Formal engagement with the devolved administrations on the use of delegated powers in areas of devolved competence should be a requirement. UK Ministers should either consult devolved ministers or seek their consent, depending on the significance of the delegated power in question. In developing the criteria referred to above, the UK Government should set out the circumstances in which it ought “not normally” to exercise a delegated power without the consent of the relevant devolved institution. For instance, where UK legislation contains powers which empower UK ministers to alter acts of the devolved legislatures, these powers should not normally be exercised without the explicit consent of the relevant legislatures.