Policy paper

Interministerial Group on UK-EU Relations: terms of reference

Published 19 March 2024

Purpose

The Interministerial Group on UK-EU Relations provides a ministerial forum to discuss matters relating to the UK’s withdrawal and trade and cooperation deals with the European Union. The Interministerial Group (IMG) aims to support constructive intergovernmental discussions on these matters between governments representing all 4 nations of the UK, with membership (“the Members”) consisting of the UK Government (UKG), Northern Ireland Executive (NIE), Scottish Government (SG) and Welsh Government (WG).

The function of the IMG will reflect the principles of the Intergovernmental Relations Review (IGRR), including mutual respect for the responsibilities of the Members (both reserved and devolved) and their role in the governance of the UK.

Scope

Under the devolution settlements, international relations is a reserved matter and UKG is responsible for the foreign and trade policy of the United Kingdom. NIE, SG and WG have an active role in, and in places devolved responsibility for, the implementation of the Trade and Cooperation Agreement (TCA), and the Withdrawal Agreement (WA).

The IMG will facilitate meaningful ministerial engagement on the Trade and Cooperation Agreement (TCA), Withdrawal Agreement (WA) and strategic issues under devolved competence related to the implementation of the Agreements, in accordance with the priorities of the Members. This will include understanding where common approaches may be taken and where views differ, in order to promote effective intergovernmental working, respect areas of devolved competence, strengthen existing communication and improve transparency. Ministerial engagement will be supported by ongoing official-level engagement.

Wider diplomatic issues relating to the UK’s international affairs beyond its relationship with the EU remain out of scope for this IMG, and discussion on international issues will otherwise be conducted in accordance with paragraph 13 of the conclusions of the Intergovernmental Relations Review.

Frequency

Any member can propose an IMG meeting, but the decision to hold one, and its timing, will be made collectively by all Members. The IMG will however aim to meet regularly, approximately 3 times a year, to support sustained intergovernmental engagement on TCA implementation issues. This includes aiming to convene an IMG meeting before meetings of the Trade and Cooperation Agreement Partnership Council (PC) and Withdrawal Agreement Joint Committee (JC) – unless all Members agree a meeting is not required.

Attendees

Attendees will include at minimum one minister from each of the Members. The Foreign Secretary and ministers from UKG’s Territorial Offices may also attend this IMG. In extraordinary circumstances a Member may be represented by a senior official.

Members may collectively agree to invite ministers (and/or officials) from other portfolios to participate in meetings of this IMG where it is relevant to the discussion on a particular topic.

Operation

Recognising that international relations fall under reserved competence, the Interministerial Group on UK-EU Relations will be chaired by the FCDO Minister for Europe. The IMG may be chaired on occasion by the Foreign Secretary.

Any Member may propose and present agenda items for discussion, to be agreed in advance by the Chair through the joint secretariat.

Respecting the need to accommodate ministers with differing schedules, meetings may be held online or in person, or hybrid, but the IMG will aim to convene in person once per calendar year.

The IMG will be supported by a joint secretariat, consisting of officials from all Members. The joint secretariat will work collectively to develop agendas and propose discussion points for IMG meetings, and to agree dates, locations and logistics (in conjunction with relevant Private Offices). Given that UKG chairs this IMG, UKG will conduct the following on behalf of the joint secretariat:

• secure agreement from Members on dates, times and attendees
• coordinate and circulate draft and final agenda and papers
• draft and circulate minutes for agreement within one week of each IMG meeting, which all Members will respond to within a further one week
• where required, draft and circulate joint communiques for agreement

Communication and confidentiality

Discussions will take place in a confidential setting and will be minuted by UKG.  No information relating to discussions will be shared with third parties unless agreed jointly.  When any Member reports to its legislature regarding intergovernmental relations, the Members will respect the confidential nature of discussions and limit their reporting to the positions they themselves took, unless agree otherwise by all Members. All meeting papers will be shared confidentially with UKG Territorial Offices.

Each Member will notify all other Members on receiving any media enquiries relating to meetings of this IMG, and/or Freedom of Information requests, as soon as is practicable. With regard to media enquiries, or other public statements, unless otherwise agreed collectively be the Members, each Member will only provide high level comments on their own positions taken in the relevant meeting(s).

Following each IMG meeting, a communique will be published (e.g. on the Members’ websites) stating only what was on the agenda and who attended. Any additional information to be included in communiques must be agreed by all Members Sensitive information will not be included in communiques.

Review point

UKG will be responsible for ensuring these Terms of Reference are circulated for review to all Members every 24 months. Any changes will be agreed collectively be all Members.