Wales
Here you will find the Concordat voluntarily agreed between the Department
for Constitutional Affairs and the Welsh Assembly Government.
DCA and Wales
Concordat between the Cabinet of the Welsh Assembly Government and
the Department for Constitutional Affairs
Introduction
- This Concordat is made between the Department for Constitutional
Affairs (DCA) and the Welsh Assembly Government. It is intended to provide
the framework to guide future working relationships between the Secretary
of State for Constitutional Affairs, other DCA Ministers and DCA officials
and the Welsh Assembly Government and their officials. In this Concordat "the
administrations" means the Welsh Assembly Government and the Department
for Constitutional Affairs. The terms "DCA" and "the
Welsh Assembly Government" also include their respective Executive
Agencies where appropriate.
- The main body of this concordat specifies the general working arrangements
between DCA and the Welsh Assembly Government. There are annexes containing
additional arrangements between DCA and the Welsh Assembly Government.
These should be read in conjunction with the Memorandum of Understanding
(MoU), the Joint Ministerial Committee (JMC) agreement, the overarching
Concordats and the guidance on common working practices.
General Principles
- This Concordat is intended to promote constructive co-operation and
communication. It sets out a working framework within which Ministers
and officials may continue and develop relationships between the administrations.
The primary aim is to ensure that if either is planning action impinging
on the responsibilities of the other, it gives adequate forewarning. There
should be 'no surprises'. This forewarning should where possible be given
in sufficient time to enable representations to be made, and for these
to be fully considered.
Nature of Concordat
- This Concordat has been drawn up in accordance with the principles
outlined in the MoU which defines the principles and practices guiding
relations between the UK Government and the devolved administrations in
Wales, Scotland and Northern Ireland. The MoU is supplemented by an agreement
on the JMC and by guidance on common working practices. There are also
over-arching Concordats setting out the framework for co-operation on
EU business, financial assistance to industry, international matters and
statistics. Where those matters are concerned reference should first be
made to those Concordats. This Concordat is a voluntary arrangement rather
than a binding agreement or contract and so does not create any legally
enforceable rights, obligations or restrictions. It is intended to be
binding in honour only.
Communication
- DCA and the Welsh Assembly Government recognise that good communications
systems are essential in order to assist the process of policy formulation
and decision-making in each administration and to meet any consultation
or other requirements connected with the exercise of a function. The administrations
will exchange information and inform or consult each other on a wide range
of issues in a wide range of situations. The Concordat is not intended
to be an exhaustive description of every aspect of the relationship between
them, or to preclude communications between them about issues or situations
not covered in the Concordat. It is not feasible to prescribe in detail
the circumstances triggering a need to invoke the arrangements set out
in the Concordat, nor the exact form of communication and timescale involved.
- DCA and the Welsh Assembly Government undertake to keep each other
informed, where relevant, of developments in policy and practice in respect
of matters within or affecting their respective responsibilities, including
proposals for legislation and other initiatives, and other issues which
may be relevant to each other. They also recognise that there will be
mutual benefit from the exchange, where appropriate, of information on
scientific, technical and policy matters, in accordance with the principles
set out in the MoU. The administrations will use their judgement, taking
into account the terms of the Concordat, in determining for any given
issue the procedures, level of detail and timescale that appear reasonable
and appropriate in a given circumstance. This judgement should, however,
wherever possible be made in accordance with the general principle set
out above of 'no surprises'.
- The principal channel of communications between the administrations
should be bilateral contact at official level or between DCA Ministers
and Welsh Assembly Ministers. Most issues that affect the responsibilities
of the administrations should be capable of resolution at this level.
Formal consultation at official level will normally take place between
the subject area contact points as notified by the administrations. Formal
consultation should normally be in writing. It should however be supplemented
by regular informal contact wherever possible. This Concordat is framed
in terms of the relationship between DCA and the Welsh Assembly Government
but in some cases the most effective way of conducting business will involve
other UK departments or devolved administrations. Where relevant the two
administrations will as far as possible abide by the Concordats drawn
up between other departments in the four administrations.
Interface between DCA and Welsh Assembly Government Responsibilities
- The Welsh Assembly Government will consult DCA where there is a possibility
that a proposed policy or decision may relate to matters for which DCA
is responsible. This includes any possibility that proposed secondary
legislation might affect DCA's responsibilities. In particular the Welsh
Assembly Government will carefully consider, and liaise with DCA and DEFRA
where necessary, the impact of policy proposals and legislation on Information
Rights Policy - namely Freedom of Information (FOI), Data Protection,
Data Sharing and the Environmental Information Regulations. DCA will similarly
consult the Welsh Assembly Government at an early stage where a proposed
policy or decision may affect the latter's responsibilities.
- In areas in which the responsibilities of the Welsh Assembly Government
may impinge on those of DCA the two administrations will:
- seek to involve each other, as and when appropriate, in policy formulation
- keep each other informed about developments
- give appropriate consideration to the views of the other and where possible
allow a reasonable timescale for proper consideration of comments and
representations
- inform each other at the earliest practicable stage of any proposal
to change primary and secondary legislation, and to highlight the potential
implications for the other's responsibilities;
- inform each other of any relevant information which comes to their attention
which may require action by or have resource consequences for the other
administration;
- give advance notification at the earliest practicable stage of substantive
new policy announcements;
- share information, analysis and research, where such arrangements would
be of mutual benefit; and
- provide the names of policy contacts on Data Protection/Data Sharing
and FOI who can provide detailed advice on these policy areas.
Joint and Concurrent Powers
- These principles will also apply to those matters where the administrations
exercise concurrent powers, ie powers which either UK Ministers or the
Welsh Assembly Government or both will be able to exercise in Wales. Annex
B sets out the division of responsibilities regarding concurrent powers
under the Welsh Language Act.
Advance Notification
- DCA will inform the Welsh Assembly Government of significant policy
proposals regarding publicly financed or organised legal services, crime
policy development, the civil justice system and family law. This will
as far as possible be done before any public announcement is made, and
in sufficient time to enable the Welsh Assembly Government to make comments
should it so wish and for these to be considered.
Joint Working
- The administrations may set up, on a voluntary basis, joint working
groups or committees where considered appropriate. The form which joint
working may take is varied and will be determined by the particular circumstance.
International Matters
- The two administrations will abide by the over-reaching Concordats
on International Relations and on Co-ordination of European Union Policy
Issues as provided for in the MoU
Financial Arrangements
- The two administrations will act in accordance with the Statement
of Funding Policy, published by Treasury on 31 March 1999.
Confidentiality
- The two administrations will abide by the principles regarding confidentiality
set out in the Memorandum of Understanding.
Appointments
- Particular considerations apply to consultation between the administrations
on appointments, including judicial appointments. These will be carried
out on a confidential basis between named officials as notified by the
administrations in writing, or their successors as notified from time
to time in writing. Any correspondence involving judicial appointments
or re-appointments will be carried out under the cover of "Appointments
- In Confidence". The First Minister and other Welsh Assembly Government
Ministers, as appropriate, will be advised in writing by the appropriate
DCA Minister of judicial appointments to devolved tribunals such as SENT
Wales or MHRT Wales.
General Administration
- The administrations will consult each other where appropriate
on correspondence and parliamentary business, and public statements
and announcements, in accordance with the arrangements set out in the
MoU and any accompanying guidance.
- The Welsh Assembly Government will inform DCA in advance of public
statements which can be prepared well in advance on Assembly responsibilities
which impact on DCA's responsibilities. DCA will inform the Welsh
Assembly Government in advance of public statements which can be
prepared well in advance on DCA responsibilities which impact on Welsh
Assembly
Government responsibilities.
- The administrations will abide by the
arrangements set out in the Concordat on Statistics regarding communication
on statistics,
analysis, monitoring and research.
Legislation
- Where DCA has a policy interest the Welsh Assembly Government
will send to the DCA contact point for that policy a copy of secondary
legislation when made.
Reaching Agreement
- The administrations are committed as far as possible to handle
matters through normal administrative channels, either at official or
ministerial level. Every effort will be made to avoid disputes. When
this is not possible, disputes will be considered by senior officials,
and, if necessary, Ministers to seek a mutually acceptable resolution.
- Where exceptionally a dispute cannot be resolved bilaterally,
or through the good offices of the Secretary of State for Wales, the
matter may be formally referred to the Secretariat of the JMC, subject
to the guidance set out in Agreement on the JMC. Each administration
will inform the other beforehand of any proposal to involve the JMC
and will allow the other to make appropriate representations. The
JMC Secretariat will also be consulted at an early stage.
Review and Renewal of Concordat
- It will be open to DCA or the Welsh Assembly Government
to propose alterations to the Concordat at any time to reflect changes
in policy or legislation or to administrative practice including any
changes to the Memorandum of Understanding and overarching Concordats.
Annexes may be added, removed or amended as and when the need arises,
by agreement between DCA and the Welsh Assembly Government. No amendment
shall take place without mutual discussion and agreement.
- This Concordat will be reviewed periodically, at a maximum of
three yearly intervals and more frequently if required. The date of
the last review was September 2005.
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