Centre for Public Policy

Read the report, The Scottish Government-Scottish Parliament Written Agreement on Intergovernmental Relations: Still Fit for Purpose?:

Report: Written Agreement on Intergovernmental Relations

The Agreement was designed to enhance the ability of the Scottish Parliament to scrutinise intergovernmental relations (IGR). But with these relations becoming more important in the post-Brexit environment, McEwen and Brown Swan ask: is the Agreement still fit for purpose? The short answer is: No.

The report was commissioned jointly by the Scottish Parliament and the Scottish Government. It shines a light on the challenges that MSPs had in scrutinising intergovernmental processes, including in relation to the Fiscal Framework and the Deposit Return Scheme.

It makes a number of recommendations to strengthen the Agreement. These would help to ensure greater openness and accountability of the Scottish Government’s participation in IGR.

It examines the Written Agreement, which was established in 2016, looking at:

• whether and how the original principles of the agreement – transparency, accountability, and respect for confidentiality – have been met in its implementation

• whether the terms of the Agreement remain fit for purpose

The original Written Agreement made multiple commitments focused on the provision of information from the Scottish Government to the Scottish Parliament on its participation in formal interministerial meetings with other governments across the UK. At the time of its introduction, it represented a significant breakthrough that made Scotland a leader in the UK with respect to the transparency and scrutiny of intergovernmental relations (IGR).

In their report, Professor McEwen and Dr Brown Swan conclude that many of the commitments were not fully implemented. Some implementation gaps were the result of the often ad hoc nature of IGR, and so beyond the Scottish Government’s control. Others suggest that the principle of respect for confidentiality weighed more heavily on the Government than the principles of transparency and accountability.

McEwen and Brown Swan also note the need to update and expand the terms of the Agreement to reflect the changes on the way that devolution operates. These changes come both from the 2016 devolution settlement and from changes introduced as a result of Brexit. Both of these have made devolution more complicated and more dependent on negotiations with, and decisions of, the UK Government.

Download and read the report

The Scottish Government-Scottish Parliament Written Agreement on Intergovernmental Relations: Still Fit for Purpose? 

Report: Written Agreement on Intergovernmental Relations 

DOI: https://doi.org/10.36399/gla.pubs.346654

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Authors  

Professor Nicola McEwen is Professor of Public Policy and Governance at the University of Glasgow and Director of the Centre for Public Policy  

Dr Coree Brown Swan is Lecturer in Politics at the University of Stirling and Director of the Scottish Political Archive  

^{Preview image sourced from Pixabay}

First published: 27 January 2025