Why civil servants need a comprehensive understanding of devolution - Baroness Drake

The same month we published our report, the then Government introduced new intergovernmental relations structures, intended to “maintain positive and constructive relations, based on mutual respect for the responsibilities of the governments and their shared role in the governance of the UK”.

In February this year, the Committee decided to conduct a follow up inquiry, examining the effectiveness of the new intergovernmental relations structures two years on, and the operation of the Sewel convention - the convention by which the UK Parliament will “not normally” legislate in areas of devolved competence without the consent of the relevant devolved legislature.

In doing so, we sought to determine whether the distinct pressures caused by recent events such as Brexit and the Covid-19 pandemic persist and whether intergovernmental relations are sufficiently robust to withstand future stresses and strains as they arise.

We noted that 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. We urge the UK Government to 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.

We also recommend a new ‘principle of positive engagement’ as a means to improve collaboration and cooperation between the nations of the UK. This would serve as a tool by which civil servants can remind UK and devolved government ministers of the expectation that they should engage with one another on the development of policies of common concern. The ‘principle of positive engagement’ would also require the UK Government and the devolved governments to engage on legislative proposals that impact upon one another's areas of legislative competence.

If intergovernmental relations are to be a success, it is vital that civil servants have a comprehensive understanding of devolution and are encouraged, including by ministers, to engage effectively with their counterparts in the devolved administrations where policy proposals are likely to impact upon devolved competence. We urge the new Government to 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.

The Sewel convention was put under strain by Brexit and since Brexit, the UK Parliament has continued to legislate without the consent of the devolved legislatures on multiple occasions. We urge the new Government to commit to respecting the Sewel convention and recommend early consultation with the devolved governments on legislation affecting their areas of legislative competence. We also urge the Government to update the Devolution Guidance Notes - Cabinet Office guidance to civil servants on working arrangements between the UK Government and the devolved administrations - which are now significantly out of date.

Our hope is that the new Labour Government - which came to power midway through our inquiry - will use our conclusions and recommendations as a guide to help build and maintain a more effective Union characterised by respect for, and cooperation with, the governments and legislatures of the devolved nations.

Jean Drake is a member of the House of Lords.