Earlier this year the House of Lords Constitution Committee, which I Chair, embarked on an inquiry into relations between the UK Government and the governments of Scotland, Wales and Northern Ireland. Our previous work on this issue had 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 our inquiry the general election was called, bringing a new Labour Government to power in Westminster. Our report—published today—is intended as a guide to the new Government to help it build a more effective Union with respect for, and co-operation with, the governments and legislatures of the devolved nations at its core.
We focussed in particular on examining the effectiveness of the new intergovernmental relations structures introduced in January 2022 and the operation of the Sewel convention.
We found that the new intergovernmental relations structures have the potential to create a more regular, transparent and formal system of intergovernmental working. However, in order to realise the new structures’ full potential, we urge the Government to fully embed them into the day-to-day business of government. The devolved governments must also demonstrate their commitment to engaging with the new structures.
To improve collaboration and co-operation between the nations of the UK, we recommend a new ‘principle of positive engagement’ should be included among the principles for intergovernmental relations. This is intended as a tool by which civil servants can remind ministers in both 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.
When it came to the Sewel convention, we noted 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 the ‘principle of positive engagement’ should be extended further to require the UK Government and the devolved governments to engage on legislative proposals that impact upon one another’s areas of legislative competence.
More broadly, we call on the new Government to commit to respecting the Sewel convention. The Devolution Guidance Notes—produced by the Cabinet Office to provide guidance to civil servants on working arrangements between the UK Government and the devolved administrations—are out of date. They do not take account of significant recent developments, such as the return of powers to the UK following Brexit and the development of common frameworks, or the introduction of new intergovernmental relations structures in January 2022. We recommend the Government updates the Devolution Guidance Notes as a matter of priority and urge them to do so alongside long overdue updates to the Cabinet Manual.
The Sewel convention does not apply to delegated legislation. However, our Committee has previously raised concerns about the use of delegated powers to make regulations in areas of devolved competence, and the use of Henry VIII powers to alter acts of the devolved legislatures. In our report, we urge the new Government to 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.
Overall, 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 to successful intergovernmental relations. We have requested that the new Government reviews intergovernmental relations and the operation of the Sewel convention over the coming year and we look forward to engaging with the new Minister for Intergovernmental Relations, Pat McFadden, on the conclusions and recommendations in our report.
Jeannie Drake.
Baroness Jeannie Drake CBE is chair of the House of Lords Constitution Committee and has been a Labour Peer since 2010.
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