The Scottish Affairs Committee has launched a new inquiry into the
relationship between the UK and Scottish Governments. The inquiry
will examine the effectiveness of existing mechanisms for
intergovernmental relations, particularly in relation to the
overlap of reserved and devolved powers, and the Brexit negotiation
process and replacement of EU common frameworks.
At present, the division of responsibility for different areas of
public policy, and on-going process of the devolution of new
powers, means that the UK and Scottish Governments work closely
in a number of areas. This includes the implementation of changes
to the devolution settlement, policy areas relating to both
reserved and devolved powers, and the implications of changes to
UK policy that will affect Scotland.
The main forum for managing relations and resolving disputes is
the Joint Ministerial Committee, established following the
Memorandum of Understanding that also sets out principles for
communication, consultation and information sharing between
administrations. There are also dedicated mechanisms for
resolving disputes relating to the fiscal framework. In some
cases, such as with the Scottish Parliament’s Continuity Bill,
disputes can be settled by the UK Supreme Court.
Launching the new inquiry, Committee Chair commented:
“There is little doubt that the Brexit negotiation process and
work to replace EU common frameworks has demonstrated significant
policy differences between the UK and Scottish Governments. It is
therefore right that, when we see disputes settled in front of
the Supreme Court, we ask if the mechanisms for ensuring good
cooperation and communication are working as well as they need
to.
“We will be assessing how effective current mechanisms are, and
asking how we can establish ways of working that enable the
development of the best policies for the people of Scotland. We
expect to hear from representatives of each national government,
but will also look for lessons from comparable systems of
devolution across the globe.”
The Committee invites evidence on the following questions:
- What machinery currently exists to support intergovernmental
relations between the UK and Scottish governments?
- How effective has the UK’s intergovernmental machinery been
in managing and mitigating disputes? How might this be improved?
- Is there a need for greater transparency of intergovernmental
relations, and if so, how should be achieved?
- How have the UK’s intergovernmental relations systems evolved
and adapted to respond to different administrations?
- What lessons can be learned from how other nations manage
relations between different levels of government?
- What new machinery might be necessary post-Brexit,
particularly in relation to the creation of common UK frameworks,
and how should they operate?
