Concordat between the United Kingdom Government and the Scottish Government
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| Concordat between the United Kingdom Government and the Scottish Government | |
|---|---|
| Name | Concordat between the United Kingdom Government and the Scottish Government |
| Date signed | 2010 |
| Parties | United Kingdom Government; Scottish Government |
| Jurisdiction | United Kingdom; Scotland |
| Status | Active |
Concordat between the United Kingdom Government and the Scottish Government is an intergovernmental agreement establishing procedures for cooperation between the United Kingdom Government and the Scottish Government on matters where reserved and devolved responsibilities intersect. It sets out mechanisms for liaison, dispute resolution, and information-sharing intended to supplement the statutory framework of the Scotland Act 1998 and subsequent amendments such as the Scotland Act 2012 and the Scotland Act 2016. The Concordat has been invoked in contexts involving departments and agencies including the Treasury (United Kingdom), the Foreign, Commonwealth and Development Office, and the Ministry of Defence (United Kingdom).
Background and Purpose
The Concordat emerged amid evolving relations after the establishment of the Scottish Parliament in 1999 following the 1997 United Kingdom general election and the Scottland devolution referendum, 1997 process influenced by figures such as Tony Blair and institutions like the Constitution Unit at the University College London. It sought to provide practical arrangements between offices including the First Minister of Scotland's office, the Prime Minister of the United Kingdom's office, the Cabinet Office (United Kingdom), and the Scottish Cabinet to manage areas like taxation alongside the HM Treasury, cross-border infrastructure linked to the Highways Agency and transport policy relating to Transport Scotland. Influences included earlier concordats and memoranda between administrations during the tenures of Gordon Brown and Alex Salmond.
Legal and Constitutional Framework
The Concordat operates alongside statutory instruments such as the Scotland Act 1998, judicial interpretations from the Supreme Court of the United Kingdom, and conventions exemplified in documents like the Ministerial Code (United Kingdom). It does not amend primary legislation; rather, it complements the devolution settlement defined by the Secretary of State for Scotland's responsibilities and the reserved powers list shaped by debates involving the Law Society of Scotland and legal authorities such as the Advocate General for Scotland. Judicial review principles established in cases before the House of Lords and later the Supreme Court inform disputes over competence between bodies like the Equality and Human Rights Commission and devolved institutions.
Key Provisions and Mechanisms
The Concordat delineates procedures for regular meetings among offices including the Joint Ministerial Committee and sectoral working groups involving the Department for Work and Pensions and Scottish Government Health Directorates. It specifies data-sharing arrangements with agencies like Her Majesty's Revenue and Customs and coordination protocols with the National Health Service (Scotland) and the British Transport Police where cross-border matters arise. Mechanisms cover dispute escalation through the Cabinet Office and, if necessary, referral to political leaders including the First Minister of Scotland and the Prime Minister of the United Kingdom; similar escalation routes have been used in interactions involving the Scottish Parliament clerks and the Parliamentary Under-Secretary of State posts. The Concordat references working relationships with devolved bodies including Historic Environment Scotland and UK-wide regulators such as the Competition and Markets Authority.
Implementation and Administration
Implementation is overseen by liaison units within the Scottish Government and the Cabinet Office (United Kingdom), with participation from departments like the Department for Education and the Department for Business and Trade. Administrative practice has involved joint secretariats drawing on expertise from the Institute for Government and civil servants seconded between Whitehall and Scottish administration offices. The Concordat has been operational in managing joint funding arrangements with the European Commission-related legacy programmes, coordination during events such as the Commonwealth Games in Glasgow, and collaborative resilience planning with agencies like the Metropolitan Police Service and the Scottish Fire and Rescue Service.
Criticisms and Controversies
Critics including academics from the University of Edinburgh and campaign groups such as pro-independence organizations led by figures affiliated with SNP criticism argue the Concordat lacks democratic accountability and formal legal status compared with instruments like the Scotland Act 2016. Legal commentators referencing cases before the UK Supreme Court and political analyses published by the Institute for Public Policy Research have challenged its transparency and sufficiency in resolving disputes observed during interactions involving the Department of Health and Social Care and Transport Scotland. Tensions surfaced in episodes connected to funding allocations similar to disputes over the Barnett formula and during negotiations affected by events like the 2014 Scottish independence referendum and the 2016 United Kingdom European Union membership referendum.
Impact and Outcomes
The Concordat has facilitated practical cooperation on cross-border public services, contributing to joint responses in crises such as public health coordination involving the Public Health England predecessors and Health Protection Scotland and infrastructure projects overseen with input from the National Grid (Great Britain). It has reduced friction in policy implementation between offices like the HM Treasury and the Scottish Government Finance Directorate, though scholars referencing comparative devolution studies at institutions like the London School of Economics and the University of Glasgow note limitations in adjudicating deep constitutional disputes. The arrangement remains a notable example of pragmatic intergovernmental practice in the post-devolution United Kingdom, interacting with broader constitutional debates involving actors such as the Electoral Commission and the Scottish Law Commission.