Intergovernmental relations (IGR) refer to the way in which different governments interact with each other. In the UK, IGR generally refer to how the UK Government interacts with the devolved governments, including the Welsh Government.
Meetings between governments can lead to important discussions and decisions about policies. In recent years, the amount of decisions being made in intergovernmental meetings has increased.
This article considers some of the reasons for this increase, the Senedd’s oversight of intergovernmental decisions and the challenges relating to this.
Intergovernmental relations in the UK
While academics and parliamentary committees have often discussed the effectiveness of formal IGR in the UK since devolution, many commentators noted the particular strain that the UK’s departure from the European Union and the Covid-19 pandemic have placed on relations.
In January 2022, the UK Government published the conclusions of a review of intergovernmental relations in the UK. The review was jointly undertaken by the UK and devolved governments. We’ve previously written about the intergovernmental structures, and the numbers of meetings held within these structures in 2022 and 2023.
The increase in intergovernmental decision making
Common frameworks and the UK Internal Market Act
Following the UK’s departure from the European Union, powers over policy areas previously coordinated at an EU level were repatriated to the UK and devolved legislatures.
The UK and Welsh governments state that their priority is to manage divergence in these policy areas through collaborative common framework agreements. Common frameworks are agreements between the UK and devolved governments on how to manage divergence in certain policy areas formerly governed or coordinated at EU level.
In 2022 and 2023, Senedd committees made over 100 recommendations in total on the common framework agreements and the wider programme. Several of the recommendations of the Legislation, Justice, and Constitution Committee (the LJC Committee) focused on the need for transparency in relation to the operation of the frameworks. The governments of the UK have not responded to these.
Only one framework has been finalised, the rest are operating on a provisional basis. This means that there is no reporting on the frameworks, and parliaments have very little insight into decisions being made within them.
In 2020, the UK Parliament passed the UK Internal Market Act 2020 (the 2020 Act), against the wishes of the Senedd. The Act states that (in general) goods, services and professional qualifications that can be sold or recognised in one part of the UK should be able to be sold or recognised in any other part, regardless of what the law in that other part of the UK says.
Working within common frameworks, any government can request that the UK Government exclude an area covered by a framework from the scope of the 2020 Act.
As part of a review of the 2020 Act, the UK Government committed to discuss any proposed exclusions within common frameworks and implement them where all governments agree.
The potential impact of the 2020 Act and the common frameworks exclusions process means that much discussion relating to the impacts of policies in Wales is happening between the governments of the UK, with limited inputs for parliaments.
UK Parliament legislating in devolved areas
During the Sixth Senedd, there has been an increase in the amount of legislation being passed in the UK Parliament that makes provision in areas devolved to Wales.
When the UK Parliament intends to legislate in relation to a devolved area, the Welsh Government lays a legislative consent memorandum (LCM) before the Senedd. LCMs outline the Welsh Government’s view on whether it is appropriate for the Bill to include devolved provisions. The Senedd then votes on whether to grant consent via a Legislative Consent Motion.
Motions are subject to a binary vote on whether to grant or withhold consent. There is no opportunity for Senedd Members to propose amendments to the Bill. Welsh Government Ministers will often engage in discussions with their UK Government counterparts with regards to the relevant provisions. This can mean that decisions relating to devolved areas are being made between governments, rather than by the Senedd.
The LJC Committee recently published its Annual Report for 2024/25. In it, the Committee argues that the Welsh Government’s approach to using UK Bills to legislate in devolved areas is contributing to a democratic deficit.
The Inter-institutional Relations Agreement
In the context of increasing intergovernmental decision-making, ensuring that the Senedd has oversight of intergovernmental relations is increasingly important. So what is currently in place to help facilitate this oversight?
In 2021, the Welsh Government and the LJC Committee (acting on behalf of all Senedd Committees) agreed on information the Welsh Government would provide about its participation in formal IGR. This agreement is known as the Inter-institutional Relations Agreement (IIRA).
As part of the IIRA, the Welsh Government agreed to provide committees with at least one month’s notice of formal intergovernmental meetings. Sufficient notice can enable committees to request information relating to specific agenda items; the LJC Committee’s Annual Report provides an example of this occurring ahead of the Finance: Interministerial Standing Committee meeting in June 2025.
However, the LJC Committee’s Annual Report notes that it received one month’s notice for just 3 of 37 meetings in the reporting period. The Welsh Government has stated that prior notice isn’t always possible, due to meetings being scheduled at short notice or security concerns.
The IIRA also sets out that the Welsh Government should provide a written summary of issues discussed, as far as possible within two weeks of the meeting taking place.
The LJC Committee’s Annual Report notes that summaries were received within two weeks for 12 of 37 meetings, with some summaries seeing significant delays. The length of summaries also varies considerably. The First Minister, Eluned Morgan MS, said that levels of detail “will vary due to the nature of the discussions and confidentiality commitments”, and that this limitation is ”accepted and reflected in the Inter-Institutional Relations Agreement itself”.
The Welsh Government also publishes annual reports on IGR as part of the IIRA.
While the IIRA covers formal IGR, much interaction happens on an informal basis. There are no reporting requirements for informal IGR, making parliamentary oversight challenging. A recent UK Government transparency report noted that the:
…vast majority of meetings, including bilaterals and ministerial visits, took place outside the formal IGR structures.
Common frameworks are also not covered by the IIRA.
Improving transparency
In response to a Scottish Parliament Committee inquiry into the transparency of IGR, Dr Paul Anderson noted that “a commitment to greater IGR transparency is essential to maintaining good relations” between parliaments and governments.
The LJC Committee has called for greater transparency in IGR, as have Senedd Committees that focus on IGR relating to specific policy areas, including the Finance Committee and the Culture, Communications, Welsh Language, Sport, and International Relations Committee.
While the IIRA means that the Senedd receives a certain amount of information relating to intergovernmental working, increased transparency does not necessarily mean increased scrutiny.
Dr Anderson suggests that committees should conduct regular inquiries into IGR, and that interparliamentary relations should be strengthened so that best practice in scrutiny can be shared.
Article by Adam Cooke, Senedd Research, Welsh Parliament
