Policy paper

Terms for reference for Interministerial Group for Trade

Published 25 August 2022

Purpose and scope

1. The Interministerial Group for Trade (IMG Trade) provides the primary forum to discuss the UK’s international trade agenda and provides central coordination for discussions on matters of international trade concerning the UK government, Northern Ireland Executive, Scottish Government and Welsh Government (the members).

2. International trade increasingly covers a wide range of policy areas that all members of the group have a legitimate interest in, including areas where the UK government acts on behalf of the UK internationally. Furthermore, international policy formulation will be developed in line with the current Devolution Memorandum of Understanding and its accompanying International Relations Concordat. International obligations will be implemented in line with these agreements.

3. The Interministerial Group for Trade is a forum for portfolio level engagement and as such is designed to complement inter-governmental structures. It does not replace bilateral discussions between the members.

Responsibilities

4. The Interministerial Group for Trade will:

a. establish, maintain and review the role of the Northern Ireland Executive, Scottish Government and Welsh Government in the UK’s international trade agenda

b. build and maintain effective ministerial communication between all 4 members, on all matters relating to international trade

c. ensure the views of all the members are discussed at the most appropriate times in relation to wider international trade activity, either through the group itself or by other means

d. provide a coordination point between the members for other policy specific conversations related to international trade

e. convene to provide a dispute resolution mechanism prior to escalation of any disputes in relation to international trade through intergovernmental structures

f. identify interdependencies and risks to the effectiveness of the Interministerial Group for Trade and any associated joint working and implement preventative and mitigating measures

g. take account of relevant interactions between international trade and the Northern Ireland Protocol

Dispute resolution

5. All efforts should be made to resolve disputes over international trade negotiations informally and at working level, if possible. After working level, the formal mechanism for doing so is through the Senior Officials Group (SOG).

6. If no agreement is reached at senior official level, the issue will be escalated to the Interministerial Group for Trade.

7. If no agreement is reached at Interministerial Group for Trade the Intergovernmental Relations Dispute Avoidance and Resolution process will be followed.

Communication and confidentiality

8. Discussions will take place in a confidential setting and will be noted. No information relating to discussions will be shared with third parties unless agreed jointly. This includes sharing of meeting papers and responding to media enquiries. All meeting papers will be shared with the Territorial Offices.

9. Subsequent to each Interministerial Group for Trade a jointly agreed communique will be published. The members may also choose to share the communique through their respective channels.

10. Where there is a requirement for ministers to report to their respective parliaments on intergovernmental relations, the members will respect the confidential nature of discussions and will only provide a high-level summary of the positions which they themselves took, unless otherwise agreed.

11. Members agree to mutual respect for confidentiality, including the principle that information shared will not be disclosed in any way to third parties. If confidentiality is broken the agreed arrangements will be suspended and alternative arrangements will be considered.

Constitution

12. Membership will include, as a minimum, one minister from each member that holds a portfolio relevant to its scope.

13. In addition, there may be occasions when the Interministerial Group for Trade agrees to invite ministers from other portfolios where it is relevant to the discussion on a particular topic. Where other departments or agencies join discussions including those intended to resolve a dispute, their role will be consultative and advisory.

Protocols

Secretariat

14. Each member will designate a nominated official to act as a member of the Interministerial Group for Trade secretariat. The nominated official will be responsible for:

a. coordinating the drafting of papers, agendas, minutes and communiques

b. liaising with nominated officials from other members on all Interministerial Group for Trade matter

15. The nominated official will be responsible for leading the logistics work of the Interministerial Group for Trade secretariat when that member is hosting a meeting of the Group.

16. The nominated officials will meet ahead of the Interministerial Group for Trade to discuss and agree the agenda, papers and other matters.

Attendance

17. Each member will be represented by a minister or by senior officials in the absence of ministers on appointment. To facilitate the effective running of the meetings of the Interministerial Group for Trade, each member will limit the size of its delegation to the minister, special advisor and a maximum of 2 officials. This will not preclude other ministerial invites under paragraph 12.

18. To ensure the Interministerial Group for Trade can meet at the optimum time in relation to international trade activity, representatives will prioritise attendance, as far as possible.

Hosting and frequency

19. There will be at least 4 meetings of the group per year. Additional meetings may be convened as necessary. Where the Interministerial Group for Trade meets to resolve a dispute, it may be agreed to do so as part of a routine meeting or by convening additional meetings solely for dispute resolution.

20. The location and dates of meetings will need to be arranged flexibly around wider international trade activity and may need to take place virtually and at short notice. The members will endeavour to hold at least one meeting a year in person and physical hosting of the Interministerial Group for Trade will rotate around the 4 nations. Meetings of the Interministerial Group for Trade should be convened before key strategic decisions are taken by the UK government on trade.

Agenda and papers

21. The members will use the Senior Officials Group to discuss the forthcoming meeting of the Interministerial Group for Trade including proposed agenda items and other group matters. As part of this discussion, any member can propose additional agenda topics and bring forward and present papers, pertinent to the role of the Interministerial Group for Trade. All agenda items will be agreed by consensus in advance and constructed on the basis of permitting all business to be covered comprehensively.

22. The Interministerial Group for Trade secretariat will aim to issue the agenda and papers one week in advance of the meeting unless agreed otherwise.

Products

23. Each meeting will have a pre agreed agenda, an action log and a standing item to consider a joint communique.

24. The note of the meeting and a joint communique will be drafted by the host member, shared in draft form with other nominated officials in the Interministerial Group for Trade secretariat, and agreed by all members within a week of the group meeting.

Review

25. The terms of reference represent an agreement between the members and will remain in place unless and until the Interministerial Group for Trade agree any changes. They will be kept continuously under review and assessed for effectiveness. Any changes will be agreed jointly and require consensus.