An effective Union for the common good should be priority for new Government, says Lords committee

Building and maintaining a more effective Union should be a priority for the new Government, as it navigates the sometimes tense relationships between the different nations of the UK. 

In its report, ‘The Governance of the Union: Consultation, Co-operation and Legislative Consent', published today, the House of Lords Constitution Committee has examined systemic issues facing intergovernmental co-operation, the effectiveness of the new intergovernmental relations structures introduced in January 2022 and the operation of the Sewel convention. 

The committee makes the following recommendations to the Government: 

• The new Government should review intergovernmental relations and the operation of the Sewel Convention over the coming year.  

• The UK Government is more powerful than the devolved governments and, by its nature as the government for the entire UK, possesses information about policy choices that may impact on the devolved nations. The UK Government should take account of the impact its decisions may have throughout the UK and demonstrate goodwill in its interaction with the devolved governments, including by sharing information in good faith. 

• To improve collaboration and co-operation between the nations of the UK, a new principle of positive engagement should be included among the principles for intergovernmental relations. This should include a requirement that the UK Government and the devolved governments engage on legislative proposals that impact upon one another's areas of legislative competence. It should also include a requirement that a decision by a devolved legislature to withhold consent to a bill be pre‐conditioned by meaningful engagement on the part of the devolved government with the UK Government. 

• The new intergovernmental relations structures 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, in order to realise the new structures' full potential, the 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. 

• The new Government should 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. 

• With the re–establishment of the devolved institutions in Northern Ireland, the new Government should mobilise every effort to finalise and fully implement all 32 common frameworks agreed between the UK Government and the devolved governments. 

• The new Government should commit to respecting the Sewel convention, namely by proceeding in accordance with the principle that the UK Parliament will not normally legislate with regard to devolved matters except with the agreement of the devolved legislature. 

• The Devolution Guidance Notes should be updated as a matter of priority. They do not take account of significant 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. This should be completed alongside long overdue updates to the Cabinet Manual.  

• The new Government should develop 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. 

• The UK Government should note the time required to consider adequately the increased number of legislative consent motions which are now being put before the devolved legislatures and should take account of the devolved legislatures' timetables to help ensure in as far as possible that sufficient time for scrutiny is available. 

Baroness Drake, Chair of the Constitution Committee said: 

“With a general election taking place mid-way through our inquiry, our conclusions and recommendations are intended as a guide to the new Government, to help it build and maintain a more effective Union characterised by respect for, and co-operation with, the governments and legislatures of the devolved nations.  

“Devolution is a key element of the United Kingdom's constitutional architecture. It allows the UK to operate for the common good by providing autonomy to its constituent nations while preserving UK parliamentary sovereignty as the defining principle of the constitution. Yet previously our Committee has 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. 

“Through our inquiry we examined the systemic issues facing intergovernmental co-operation. We interrogated existing structures for intergovernmental relations to determine if they are sufficiently robust to withstand future stresses and strains as they arise. We recommend, among other things, that a new ‘principle of positive engagement' is added to the principles underpinning those structures.  

“We found that constructive attitudes and culture as a means to deliver in the best interest of people throughout the Union is of central importance. 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. 

“We welcome the new Government's commitment to work collaboratively with the governments in Scotland, Wales and Northern Ireland, and urge it to ensure that it fully respects the powers of the devolved governments under the devolution settlement. There should be a reciprocal responsibility on behalf of the devolved governments to engage and work collaboratively with the UK Government. 

“We hope that our investigation into this matter will prove useful to the new Government. We look forward to receiving its response to our recommendations and engaging with the new Minister for Intergovernmental Relations on the issues raised in this report.”