The United Kingdom constitution – a mapping exercise
A briefing paper which "maps" (or summarises) the main elements of the United Kingdom's uncodified constitution.
It’s not yet clear how the Council of the Nations and Regions will fit into the existing system of intergovernmental relations, which was established in 2022.
Sir Keir Starmer has confirmed that he will establish a Council of the Nations and Regions, which will involve the Prime Minister, the First Ministers of the three devolved administrations and the mayors of England’s combined authorities.
This Insight looks at this proposal and the current system of intergovernmental relations (IGR) in the United Kingdom.
The proposal originated in a Commission on the UK’s Future chaired by former Prime Minister Gordon Brown in 2022. This recommended “a new and powerful institution to drive co-operation between all its governments – a Council of Nations and Regions”.
The commission added that this ought to be a statutory body underpinned with a “solidarity clause”, a legal obligation “of cooperation between the different levels of government and institutions across the UK”.
Change, the 2024 Labour Party manifesto, pledged to establish a new Council of the Nations and Regions:
This will bring together the Prime Minister, the First Ministers of Scotland and Wales, the First and deputy First Minister of Northern Ireland, and the Mayors of Combined Authorities.
This was confirmed in the King’s Speech on 17 July as part of the new government’s plans to “strengthen its work with the devolved governments in Scotland, Wales and Northern Ireland so that the best outcomes possible are delivered for citizens across the United Kingdom”.
At a briefing for Scottish journalists, Sir Keir Starmer said the body would be a “proper council”:
where Scotland is properly represented by the First Minister in a formal setting with me and the other First Ministers, meeting on a regular basis, where we can look at challenges and opportunities together.
Reports suggested the Prime Minister was critical of previous intergovernmental forums, observing that under Conservative governments the “prime minister didn’t bother turning up” to such meetings.
Pat McFadden, the Chancellor of the Duchy of Lancaster, also told journalists the Prime Minister had set out to “bring responsibility for intergovernmental relations back into the centre of government”.
In a recent written statement, the Prime Minister announced that responsibility for devolution policy for Scotland, Wales and Northern Ireland would move from the Ministry of Housing, Communities and Local Government to the Cabinet Office. He added that:
This change will support cross-government coordination and engagement with the devolved governments which will be led by the Chancellor for the Duchy of Lancaster as Minister for Intergovernmental Relations. Responsibility for devolution policy in England and engagement with Mayors and local government will remain with the Deputy Prime Minister and Ministry of Housing, Communities and Local Government.
Angela Rayner is the Deputy Prime Minister and Secretary of State for Housing, Communities and Local Government.
Responding to the Prime Minister’s comments, Angus Robertson, the Scottish Government’s Cabinet Secretary for the Constitution, said he looked forward “to more details on the formation of the council and welcome the opportunity for a reset in relations between the UK and Scottish governments”.
It has been reported that the council will replace the Joint Ministerial Committee (JMC), which was once the primary committee structure for ministers from the UK Government and the devolved administrations to engage. It met in various formats including in plenary (with all members present) and in subcommittees.
The JMC, however, was abolished in January 2022 following a Review of Intergovernmental Relations, which set up a new system of IGR. This was agreed between the UK Government and all three devolved administrations.
It is not yet clear how the Council of Nations and Regions will interact with the existing IGR system, which already includes a council comprising the Prime Minister and the heads of the devolved administrations.
The current IGR structure has been in place since January 2022 and comprises three tiers:
These IGR structures and processes are non-statutory and therefore non-justiciable (not reviewable by the courts).
For more on the current system of formal and informal relations between the governments of the UK, see the Library briefing: Intergovernmental relations in the United Kingdom
About the author: Dr David Torrance is a researcher at the House of Commons Library, specialising in devolution.
Image credit: European Space Agency, ©ESA
A briefing paper which "maps" (or summarises) the main elements of the United Kingdom's uncodified constitution.
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