Worth the wait? Reforming Intergovernmental Relations

Primary Author or Creator:
Nicola McEwen
Publisher:
Centre on Constitutional Change
Date Published:
Category:
Type of Resource:
Review
Fast Facts

The Joint Ministerial Committee system of devolution is no more, replaced by a three-tier system of intergovernmental forums.

More details

The top level of intergovernmental forums is the annual meeting of heads of governments. The middle level is likely to be the key. It consists of an interministerial committee that will consider strategic and political issues, and a Finance: Interministerial Standing Committee that looks to form the lead role and is led by the Treasury. The third level consists of interministerial groups that will consider devolved and some reserved areas at "portfolio" level.

"Several other reforms hold promise. A new set of principles underline mutual respect for the separate and shared roles and responsibilities of each government, and the need to build and maintain trust. A standing secretariat, operating ‘outside’ of any one government despite being hosted in the Cabinet Office, will serve all of the administrations and be accountable to the Council. This should enhance capacity and help to avoid poor planning and organisation acting as a barrier to meaningful engagement.

There is agreement that joint decisions must be by consensus, effectively giving each administration a non-constitutional veto power over joint action. The secretariat will also oversee a new dispute resolution procedure. Whereas previously the UK government could deny the existence of a dispute, now any administration can escalate a disagreement to a formal dispute. The secretariat can seek third-party advice or mediation, and the process must be chaired by a body not party to the dispute. The days when the UK government could act as the accused, the judge and the jury appear to be over.

Parliamentary committees in every UK legislature have called for greater transparency and greater oversight of IGR, not least in light of its increased importance in the context of both Brexit and Covid. But the report offers very little here. The secretariat is to publish an annual report, but otherwise it serves the intergovernmental Council. There is no reference to parliamentary oversight or a requirement to engage the parliaments. Instead, the report underlines that each government is accountable to its own legislature."

 

English