Recommendation 25

HM Government Accepted

Partially agree. The Government recognises that the devolved governments have a strong interest in international policy making, both in relation to devolved matters and in reserved matters that may impact upon their interests. For that reason, UK Government departments have established means of engaging with the devolved governments in a timely manner, in line with the Concordat on International Relations. The Government does not agree with the Committee that the Concordat needs to be updated. As the Committee notes, new arrangements with the devolved governments have superseded aspects of intergovernmental relations and how those are conducted, but many of the principles set out in the Concordat continue to be the right ones. The Review of Intergovernmental Relations (IGRR), published in January 2022, provides for structures of engagement to be established which supersede aspects of those set out in the 2013 Memorandum of Understanding and its underpinning Concordats, including supplementing those on international relations. The IGRR also set out certain arrangements on the issue of engagement on international issues: Recognising that international relations is a reserved competence, the importance of engagement on the UK Government’s approach to international issues as it affects devolved responsibilities is embedded in the system. The IMSC [Interministerial Standing Committee] will consider cross-cutting and wider strategic international issues, with FCDO Ministers invited as necessary. This will be complemented by two internationally focussed IMGs, including the Trade IMG to discuss agreements with the UK’s new trading partners, and an IMG for the UK-EU Trade and Cooperation Agreement. These forums are in addition to departmental IMGs who will consider international engagement and agreements where devolved competence is being considered. In relation to UK-EU meetings, UK co-chairs will consider attendance as part of the UK delegation. IMSC or a relevant IMG will be led directly by FCDO, either on a bilateral or multilateral basis where necessary. The Interministerial Group for EU Relations and the Interministerial Group for Trade are two fora where portfolio ministers meet to discuss the Trade and Cooperation Agreement and FTAs respectively. These fora are in addition to the range of departmental interministerial groups (IMGs) that consider international engagement and agreements where devolved competence is being considered. The Government remains committed to working constructively with the devolved governments to facilitate the effective implementation of our international obligations. UK Government ministers speak regularly with ministers from the Scottish and Welsh Governments through a variety of fora, and have begun establishing similar relationships with new ministers of the Northern Ireland Executive. Government Response 15 The importance of involving devolved governments is underlined in the FCDO’s Guidance on Practice and Procedures. The template explanatory memorandum which accompanies treaties has been reinforced to ensure that it sets out clearly and in detail the consultations with the devolved governments and whether the treaty covers devolved matters, reserved matters with implications for the devolved governments or has no devolved implications. governments are consulted and involved where necessary. FCDO is ready to facilitate and support this where necessary. Once the treaty is finalised the relevant lead UK department must formally notify the devolved governments of any new international obligations concerning devolved matters which it will be the responsibility of the devolved government to implement. In relation to FTAs, the Department for Business and Trade (DBT) has built close relationships with colleagues in Wales, Scotland and Northern Ireland. DBT officials hold regular discussions with devolved governments to ensure their views are understood from the outset of negotiations. Engagement with devolved governments takes place before and after negotiation rounds allowing UK negotiators to understand priorities for the devolved governments. Engagement with negotiators is supported by sharing negotiations text to allow for ongoing conversation on key issues throughout negotiations. International relations, including the ratification and scrutiny of international treaties, are the responsibility of the UK Government. In carrying out this responsibility, the UK Government acts in the interest of all parts of the UK, including the nations of Scotland, Wales and Northern Ireland. The UK Government therefore works closely with the devolved governments to deliver international treaties that work for the whole of the UK and engages with the devolved governments when implementing international agreements in their respective devolved areas. The Government agrees that the devolved legislatures should determine how they wish to scrutinise relevant aspects of a treaty themselves and it is fo