SPICe publishes quarterly updates to give an overview of intergovernmental activity. 'Intergovernmental activity’ refers to work between governments – in a Scottish context between the Scottish Government and the UK Government or other devolved governments. It can include discussions on areas of mutual interest, policy development, and policy implementation. Read more about what intergovernmental activity is and why awareness of it is an essential element of parliamentary scrutiny on our SPICe blog. SPICe has also launched an intergovernmental activity hub that collates information on intergovernmental activity of relevance to the Scottish Parliament.

Updates are published on the last Thursday of the month following the end of the reporting period. The next quarterly update, covering quarter 1 (January-March) of 2024, will be published on 25 April 2024. This update reflects information available at the time of publication.

Formal intergovernmental interactions take place under the following structure, which was established in January 2022.

Scottish Parliament Information Centre

See a SPICe blog for more information on how the new structure operates.

Scottish Parliament Information Centre

The Interministerial Standing Committee met on 19 October 2023. Discussions included:

• proposals on creating a 'smokefree generation'. The minutes state that "Ministers jointly agreed to continue to work together on this significant health initiative on a UK-wide basis." The UK Government set out its plans to introduce a Tobacco and Vapes Bill in the King's Speech. See a SPICe blog on the King's speech for more information. The UK Government and devolved governments undertook a joint consultation on proposals to create a 'smokefree generation' and tackle youth vaping from October 2023 to December 2023. In a blog for UK in a Changing Europe, Dr Thomas Horsley reflects on the significance of this four-nations approach.

• the UK Government's addition of XL Bully dogs to the list of dogs banned under the Dangerous Dogs Act 1991 in England and Wales. The minutes state that the Scottish Government is "actively developing its own proposals." The Scottish Government set out its position on 11 January 2024. It stated that "Tight safeguards on XL Bully dogs are to be introduced in Scotland to make it a criminal offence to own the breed without an exemption certificate. The legislation will mirror what has been introduced by the UK Government in England and Wales, and prevent Scotland from becoming a ‘dumping ground’ for this breed."

Interministerial Groups (IMGs) met twice during the reporting period:

• The Interministerial Group for Trade met on 29 November 2023. Discussions included:

  • the World Trade Organization's 13th Ministerial Conference due to take place in February 2024

  • the UK-India free trade agreement

  • the UK’s US State trade memorandum of understanding programme and the UK’s delivery of trade initiatives outlined in the Atlantic Declaration, a US-UK Economic Partnership framework agreed in June 2023.

• The Interministerial Group for Housing, Communities and Local Government met on 13 December 2023. Discussions included the impacts of regulation on the private rented sector and challenges around affordable homes and housing supply.

Common frameworks are intergovernmental agreements which set out how governments will work together to make decisions about policy in certain devolved policy areas, in particular decisions about policy divergence. Common frameworks were originally intended to be used to consider matters which were former EU competences, however, some also state that they may be used to consider related matters within the wider policy area. Read more about what common frameworks are on our intergovernmental activity hub.

No new framework agreements were published during the reporting period. The image below provides an update on frameworks relevant to Scotland and scrutiny of frameworks at the Scottish Parliament.

Scottish Parliament Information Centre

During the reporting period, scrutiny of nine frameworks was completed at the Scottish Parliament:

• The Net Zero, Energy and Transport Committee wrote a letter to the Cabinet Secretary for Transport, Net Zero and Just Transition, Màiri McAllan MSP, on 23 November 2023 about the UK Emissions Trading Scheme Common Framework. The Committee drew attention to a response it had received to its call for views from the Scottish Environment Protection Agency. The Committee stated that it had no further comments to make on the framework at this time but intended to monitor its operation.

• The Rural Affairs and Islands Committee wrote a letter to the Cabinet Secretary for Rural Affairs, Land Reform and Islands, Mairi Gougeon MSP, on 20 December 2023, summarising its findings on the following frameworks:

  • Chemicals and Pesticides

  • Fisheries Management and Support

  • Agricultural Support

  • Agriculture - Fertilisers

  • Agriculture - Organic Production

  • Animal Health and Welfare

  • Plant Health

  • Plant Varieties and Seeds

In its letter, the Committee noted a lack of clarity about the purpose of common frameworks and raised issues around the consistency of drafting in the framework agreements it had considered. It further noted the potential impact of the UK Internal Market Act 2020 on the operation of common frameworks and requested that the devolved legislatures be notified if an exclusion to the market access provisions of the Act is sought or a decision on an exclusion request made.

The House of Lords Common Frameworks Scrutiny Committee has ceased operation. The Committee was appointed in September 2020 to scrutinise common frameworks. The Committee's formal remit was due to expire on 31 December 2023 but the Committee decided that in the absence of a functioning Northern Ireland Assembly and Executive "further productive scrutiny of the Common Frameworks programme is therefore no longer possible and, for this reason, the Committee has agreed to disband as of the time of Prorogation on 26 October." The Committee wrote a letter summarising its work and conclusions. It states:

Common Frameworks have proved to be an important mechanism for reaching consensus on policy areas for which powers returned to the UK on its departure from the European Union and, with the following caveat, it remains our view that the Frameworks have proven to be robust, innovative, and unique sources of collaboration between the UK Government and the devolved governments. We are still, however, of the opinion that Common Frameworks remain an ‘unfulfilled opportunity’ on the grounds that neither the original expectations of Common Frameworks as vehicles for policy development, nor the potential for using the Common Frameworks as a mechanism for policy coordination, have been met.

The Rt Hon Michael Gove MP, UK Government Minister for Intergovernmental Relations, responded to the letter on 8 November 2023:

Whilst full implementation has not been possible due to the collapse of the Northern Ireland Executive, 30 of 32 Frameworks are operational. The development has also been complicated by the fact that Frameworks development has proceeded in parallel with substantive policy design. My officials are carrying out an evaluation of the programme which I believe will support our assessment that Frameworks have already been beneficial to policy design. This evaluation should be published next year.

At a meeting of the Interparliamentary Forum on 27th October 2023, representatives from the Scottish Parliament, House of Commons, Senedd Cymru, and the House of Lords agreed to write to Ministers from the UK Government, the Scottish Government, and the Welsh Government to request that annual reports be provided on each provisionally agreed framework in addition to annual reports on finalised frameworks. The Constitution, Europe, External Affairs and Culture Committee subsequently wrote to the Minister for Intergovernmental Relations, the Rt Hon Michael Gove MP.

The Minister responded on 19 December 2023. Regarding the request for annual reporting on provisionally agreed frameworks, the Minister stated:

Any decision to report to legislatures on the provisional Common Frameworks would require the agreement of constitutional ministers in the Government and the devolved administrations. This was the case previously when agreement was reached for annual reporting on fully implemented Frameworks. As you are aware, however, the Northern Ireland Executive is not currently in a position to provide this. Though Common Frameworks have been operating provisionally for some time, my department is currently conducting an evaluation of the entire programme, which is likely to be published in the Spring.

The letter further stated:

In terms of Common Frameworks reporting, the agreed annual reporting for fully implemented Frameworks will provide a key tool for enabling scrutiny of the programme by both legislatures and indeed the Inter-Ministerial Standing Committee.

The letter also mentions that "the second report for the Hazardous Substances Common Framework [the only framework finalised to date] will be issued in due course". However, it does not appear that a first review of the Hazardous Substances Common Framework has been published.

The UK Internal Market Act 2020 is UK-wide legislation about the flow of goods and services. You can read more about the Act's provisions in our SPICe briefing and a SPICe blog.

A process has been established by which the UK Government and devolved governments can consider exclusions to the market access principles of the UK Internal Market Act 2020 ('UKIMA'). Read more about the interaction between the exclusions process and common frameworks in our SPICe blog.

Scottish Parliament Information Centre

The United Kingdom Internal Market Act 2020 (Services Exclusions) Regulations 2023 ('the Regulations') were made on 23 November 2023 and came into force the next day. The Regulations amend, add and remove entries in Part 1 and 2 of Schedule 2 of UKIMA to which the market access principles in UKIMA do not apply.

The explanatory memorandum states that changes made by the Regulations include:

adding exclusions to Part 1 of Schedule 2 for gas, electricity, water, waste, heat networks and qualifications-awarding services; amending the entry for the “social services” exclusion in Parts 1 and 2 of Schedule 2; removing the exclusions for financial services, electronic communications services and temporary work agencies from Parts 1 and 2 of Schedule 2, and; removing the exclusions for postal services and services of a statutory auditor from Part 2 of Schedule 2.

The UK Government sought but did not receive the consent of Scottish Ministers to these Regulations. In accordance with section 18(10) of UKIMA, the Secretary of State for Business and Trade, the Rt Hon Kemi Badenoch MP, provided a statement on why the UK Government decided to proceed with the Regulations in the absence of consent from all devolved governments (consent was provided by Welsh Ministers). It states:

These Regulations are important to ensuring that the scope of application of the market access principles in Part 2 of the UKIM Act better reflects how services are currently regulated across the UK. I therefore intend to proceed with making the United Kingdom Internal Market Act 2020 (Services Exclusions) Regulations 2023. My officials have worked closely with their counterparts in the Devolved Administrations throughout this process.

The Scottish Government set out its position not to provide consent in a letter to the Economy and Fair Work Committee. It stated that "while a decision to exclude the regulation of Heat networks from the Act is welcome, the Scottish Government is not in a position to consent to this SI given its overall purpose of widening the scope of the UKIM Act."

According to the Sewel Convention, the UK Parliament will not normally legislate on devolved matters without the consent of the Scottish Parliament. The Scottish Parliament’s standing orders set down rules which apply where UK primary legislation requires the Parliament’s consent under the Sewel Convention. They apply where UK primary legislation makes ‘relevant provision’, which means provision which applies to Scotland in any of the following ways:

• for any purpose within the legislative competence of the Scottish Parliament

• to alter the legislative competence of the Scottish Parliament

• to alter the executive competence of the Scottish Ministers.

When any of the criteria on relevant provision are fulfilled, a member of the Scottish Government is obliged to lodge a legislative consent memorandum. A legislative consent memorandum, amongst other things, sets out the Scottish Government's view on whether the Parliament should grant legislative consent.

Following the lodging of a legislative consent memorandum, members of the Scottish Parliament may vote on a legislative consent motion to agree whether it is content that the relevant provision in the Bill should be considered by the UK Parliament. Only motions seeking consent are called 'legislative consent motions' in accordance with the Parliament's standing orders. However, the Scottish Parliament has also voted on motions which seek to withhold consent. This update provides information on all motions relating to bills in respect of which a legislative consent memorandum was lodged during the reporting period. Not every legislative consent memorandum will result in a motion granting or withholding consent. Find out more about legislative consent on the Scottish Parliament's website

During the reporting period, one motion granting legislative consent for the Economic Crime and Corporate Transparency Bill was approved.

The Scottish Government lodged 6 legislative consent memorandums:

Information within this intergovernmental update is primarily based on the following sources:

• The UK Government intergovernmental relations website contains minutes of interministerial groups and standing committees. Minutes of other intergovernmental meetings are not currently published and hence are not reflected in this update.

• The UK Government common frameworks website contains common framework agreements.

• The Scottish Parliament legislative consent website lists legislative consent memorandums and associated motions.

Further information on intergovernmental activity can be found on our intergovernmental activity hub and:

• SPICe briefing on intergovernmental relations

• House of Commons Library briefing on intergovernmental relations

• UK Government transparency reports on intergovernmental relations

• Senedd Legislation, Justice and Constitution Committee Monitoring reports

• Northern Ireland Assembly Brexit and Beyond newsletters.