Concordat Between the Cabinet Office and the Cabinet of the National
Assembly for Wales
Part 1 – General Provisions
1. This concordat establishes an agreed framework for co-operation between
the Cabinet Office and the Cabinet of the National Assembly for
Wales [External website], in accordance with the
principles set out in the Memorandum of Understanding between the UK
Government and the Devolved Administrations. Where appropriate in this
concordat, references to the National Assembly for Wales are, or include,
references to the Assembly's staff appointed in accordance with section
35 of the Government of Wales
Act . There is no intention to constrain either the National Assembly
for Wales's freedom to operate in areas devolved to it, or to constrain
the Cabinet Office's competence in areas of responsibility not
devolved.
2. Both parties affirm their mutual commitment to working together on Modernising
Government [External website], management of the
Home Civil Service, and cross-cutting issues. These policy areas are set
out in greater detail in Annex A. This co-operation is for the mutual
benefit of both parties, and intended to give them the assurance that
working relationships will be conducted in an agreed and helpful manner.
Good communication in both directions and the avoidance of surprises for
either party will form the basis of this co-operation. Therefore, the
concordat particularly covers arrangements for consultation and the
exchange of information, as well as the resolution of disputes.
Consultation and exchange of information
3. Both parties confirm their commitment to consult and exchange
information on matters of mutual interest in a timely and helpful manner in
accordance with the provisions of the Memorandum of Understanding and the
Guidance Note on Common Working Arrangements. Each party shall inform and
consult the other as early as possible on proposals for new policy
initiatives or changes in existing policies which are likely to have an
impact, whether direct or indirect, upon the policies and responsibilities
of the other, allowing an opportunity for the policy and practical
implications to be examined. Both parties recognise that legislation on
reserved matters can have unanticipated indirect effects on transferred
functions, and equally legislation in relation to transferred functions can
have an unexpected impact on reserved functions. The commitment to
consultation as early as possible therefore applies to proposals for
primary and subordinate legislation, including Orders in Council.
4. Both parties recognise that, in the interests of frankness and candour,
consultation and exchange of information will need to be subject to
appropriate safeguards. In certain circumstances, a duty of confidence may
arise, and both parties will between themselves respect legal requirements
of confidentiality. Both accept that:
-
it is for the party supplying the information to state what restrictions,
if any, there should be on its usage;
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they will treat information received from the other in accordance with
any restrictions specified to its usage;
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disclosure of information is subject to the Code of Practice on Access to
Government Information and the Code on Access to Information. In due
course, it will be subject to the requirements of Freedom of Information
legislation.
5. The Cabinet Office will invite the National Assembly for Wales to
participate in relevant inter-departmental working groups it sponsors.
6. Both parties shall have regard to each other's information needs
while establishing and maintaining their own systems for collecting and
managing information. They will co-operate to ensure that statistics for
the UK as a whole are readily available, are timely, coherent and reliable,
and are collected and compiled in a way which provides good value for
money, allows gender disaggregation where appropriate and ensures
consistency as far as data sources allow. Statistical information will be
exchanged on the basis of the principles set out in the overarching
Concordat on Statistics. In particular, the National Assembly for Wales
will work with the Cabinet Office and other UK departments to ensure the
exchange of statistical information about the policy areas listed in Annex A. In addition,
it will assist the Cabinet Office in discharging its obligations to provide
the UK Parliament with statistics and information on a UK-wide basis by
continuing to collect the information detailed in Annex B. The National Assembly for Wales
also undertakes to provide, on a transitional basis, such information as is
required for retrospective UK-wide reports covering the issues detailed in
Annex C,
responsibilities for which have now been devolved.
Finance
7. Where decisions taken by one party have financial implications for the
other, these will be addressed in accordance with the principles set out by
the Treasury in
Funding the Scottish Parliament, National Assembly for Wales and the
Northern Ireland Assembly: A Statement of Funding
Policy [External website] published on 31 March
1999.
Correspondence
8. Correspondence will be handled in accordance with the provisions of the
Memorandum of Understanding and the Guidance Note on Common Working
Arrangements. The contact points for transferring correspondence are the
Cabinet Office Ministerial Correspondence Unit and the Cabinet Secretariat
Correspondence Unit of the National Assembly for Wales.
Dispute resolution
9. In the event of a dispute arising over the operation of this concordat,
both parties are committed to resolving the issue bilaterally at working
levels wherever possible. If necessary, advice will be sought from the
central contact points responsible for the concordat, the Cabinet Office
Central Secretariat and the National Assembly for Wales Personnel
Management Division. In the event that agreement cannot be reached, the
matter will be passed to Senior Civil Service levels, or if necessary to
Permanent Secretaries, for a decision. Only very exceptionally should it be
necessary to refer matters to Ministerial and Assembly Secretary levels, or
failing that to the Joint Ministerial Committee.
Review
10. This concordat will be reviewed 1 year after it comes into effect, and
thereafter at 2-year intervals. Either party may request an additional
review if they consider it necessary (for example, to propose the addition
of further areas as new policies develop). Any changes made to the
concordat will be with the agreement of both arties.
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