Intergovernmental relations face ongoing challenges, says Holyrood Committee

MSPs split over committee report

A thorough independent review of how UK Government departments and civil servants interact with devolution should be carried out in order to improve the way Westminster works with governments in Scotland, Wales and Northern Ireland, according to a new report from a Scottish Parliament Committee.

The report from the Constitution, Europe, External Affairs and Culture Committee says interactions between the UK Government and those in devolved nations should be less ad-hoc with a formal, structured and transparent schedule published in advance.

The publication reports “significant concern” around the understanding of the powers and role of the devolved governments and parliaments within Whitehall, and as a result, it says there appears to be a lack of thought in some cases about how devolution affects the development of policy by the UK Government and passage of legislation at the UK Parliament.

The new report was supported by four members – Committee Convener Clare Adamson MSP, Keith Brown MSP, George Adam MSP and Patrick Harvie MSP. Neil Bibby MSP, Stephen Kerr MSP and Jamie Halcro Johnston MSP dissented from the report.

The publication follows the Committee’s inquiry on the transparency of intergovernmental activity – the interaction and cooperation between central and devolved governments – and its implications for parliamentary scrutiny and Ministerial accountability.

As part of its work, Committee members held a number of informal meetings in London with UK Government Ministers, Cabinet Office officials and parliamentary committees in the House of Lords and House of Commons. Its recommendations were also informed by previous work and reports including on the UK Internal Market Act.

The report describes it as “striking” that a majority of Common Frameworks have yet to be agreed by the Scottish Government, more than eight years after an initial agreement on their principles. Common Frameworks are the agreed approaches between the UK Government and the devolved administrations to manage regulatory consistency in specific areas including food safety, environmental standards and agriculture, following the UK’s exit from the EU.

The report notes the example of the UK Internal Market Act (UKIMA), where although the Scottish Parliament voted twice by division to repeal UKIMA, the possibility of repeal was not considered as part of the UK Government’s review of the Act.

It concludes that it is “unclear” how further progress can be made in agreeing Common Frameworks in policy areas impacted by UKIMA, which undermines certainty and trust among businesses and hinders ministerial accountability and parliamentary scrutiny.

Committee Convener, Clare Adamson, said: “There continues to be a number of ongoing challenges which are undermining effective intergovernmental relations.

“The Committee’s view is that the resetting of intergovernmental of relations should include improving the effectiveness of engagement between governments and parliaments in the devolved nations.”

“Clear pathway” should be negotiated urgently to allow for any future indy ref, says Holyrood Committee

COMMITTEE SPLIT ON FINDINGS

The Constitution, Europe, External Affairs and Culture Committee has published the findings of its inquiry on options for a legal mechanism for triggering any independence referendum.

The Scottish and UK Governments should negotiate a “clear pathway” allowing Scotland to exercise its democratic right to determine its constitutional future as a matter of urgency, according to a majority of the Constitution Committee.

In a new report, a majority of the Committee’s MSPs (*) found that it is problematic that no established mechanism exists to ensure that, in appropriate circumstances, the wishes of the people of Scotland can be expressed.

This represents a democratic “disjuncture” where the “democratic mechanism may not work”, and as the Committee heard during evidence from Professor Alan Renwick of University College London, “it is the UK electorate that chooses those with the power to trigger a referendum, whereas the electorate whose wishes are to be respected is that of Scotland.”

The majority of the Committee’s view was that this creates a “democratic anomaly”.

The report follows the Committee’s inquiry into options for a legal mechanism for triggering any independence referendum.

Over several weeks, it gathered evidence from academics, lawyers and political science experts as it explored how any future vote could be legally brought.

The report’s conclusions, agreed by a majority of the Committee, set out a number of statutory and non-statutory options that should be considered as part of negotiations between the Scottish and UK Governments.

Clare Adamson, Committee Convener, said: “The majority of the Committee recommends, that steps should be taken to address this democratic anomaly.

“This should include the agreement, regardless of the UK’s political priorities, of a trigger mechanism which would allow the people of Scotland to exercise their democratic right to determine Scotland’s constitutional future if they so wish.”

(*) The report’s conclusions were agreed by Keith Brown MSP, Patrick Harvie MSP, George Adam MSP and Clare Adamson MSP.

Neil Bibby MSP, Jamie Halcro Johnston MSP and Stephen Kerr MSP did not agree to the report’s conclusions.

Culture spending uplift helps sector stability, but may not be driving improved outcomes

Increased Scottish Government investment in culture has had a “positive impact” on confidence and stability in the sector but extra funding may to some degree be being used to help meet ongoing financial pressures, rather than necessarily generating improved cultural outcomes, according to a new report from Scottish Parliament’s Constitution, Europe, External Affairs and Culture Committee.

In a report published yesterday, the Committee recognises that “despite this welcome investment” the sector continues to face significant financial pressures, including increased employment costs such as employer National Insurance contributions, the Scottish Government’s Public Sector Pay Policy and Fair Work commitments.

In its report, published ahead of the Budget announcement in January, the Committee also shares concerns raised by arts and culture organisations that the Scottish Government funding increase may be being offset by funding reductions by local government.

Reiterating concerns

Throughout its pre-budget scrutiny, the Committee has considered evidence and the response of the Scottish Government, over the whole period of this session of Parliament, in order to build a longer-term view of culture funding decisions.

In its report, MSPs ask the Scottish Government to explain why it has not delivered 3-year funding settlements for the organisations it funds directly, despite a commitment in 2021 to do so.

That is one of a number of areas where the Committee is seeking clarity from the Scottish Government on the progress made in the last five years. Others include; a lack of strategic clarity in funding decisions and progress on collaboration with other Cabinet Secretaries to move forward on cross-portfolio working on funding for culture.

It also calls for details on progress made on a recommendation first given in 2022, that the Scottish Government urgently works towards alternative funding models for the sector, as well as for an urgent update on the establishment of a ‘Percentage for the Arts’ scheme and details as to what it would look like in practice.

The initiative was confirmed to be in its “initial stages” in 2022, but despite commitments to do so, the Scottish Government has not provided any further details to the Committee on the establishment of the scheme.

“Acute” skills shortage and infrastructure challenges

Further concerns raised in the report include a lack of skilled staff to maintain Scotland’s historic environment sector, with the Committee asking the Scottish Government how it is responding to this “acute” skills shortage.

It also asks key questions about whether the upcoming Spending Review will include plans to support the refurbishment, retrofitting and upkeep of cultural assets, as well as how the “substantial capital investment” required in the culture and heritage sector will be addressed to meet climate change and net zero ambitions.

Committee convener Clare Adamson said: “The Committee acknowledges the encouraging effect of the government’s pledge to boost funding for the culture sector, which has helped foster greater confidence and stability.

“Nonetheless, persistent financial challenges continue to pose serious difficulties for heritage and cultural organisations.

“We have listened carefully to the voices of those shaping and supporting Scotland’s cultural life and are mindful of the challenging economic context in which increased support has been made available.

“Our report outlines a series of recommendations for the Scottish Government.”

Culture: ‘Perfect storm’ has not abated, says Holyrood committee

The ‘perfect storm’ of financial pressures facing Scotland’s culture sector “has not abated” over the last year, according to a new report from the Scottish Parliament’s Constitution, Europe, External Affairs and Culture Committee.

The report follows pre-budget scrutiny of the Scottish Government culture portfolio spend ahead of the Scottish Budget for 2024-25, which is expected to be announced to Parliament in December.

Last year, the Committee found that the existing budgetary challenges facing the culture sector had become “much more acute”, contributed to by a “perfect storm” of long-term budget pressures, reduced income generation, and increased operating costs.

Twelve months on from that initial warning, the Committee have concluded that “this ‘perfect storm’ has not abated, with external and public funding pressures maintaining, and the culture sector remaining under significant financial strain and the risks to its future becoming more severe.”

At the same time, the Committee recognised that the Scottish Government continues to face a “challenging fiscal environment”.

A key finding by the Committee was that there was an “urgent need” for the Scottish Government to restore the confidence of the culture sector as it continues to face significant budgetary pressures.

It therefore noted the recent commitment by the First Minister in response, to increase the Scottish Government’s investment in arts and culture by £100 million over the next five years. The Committee is now awaiting the detail of this funding commitment, with further information expected to be provided in the upcoming budget.

The Committee also found that both the initial cut to Creative Scotland’s grant-in-aid for 2023-24 in the draft Budget and, after it had been reversed, the reinstatement of that cut in the Autumn Budget Revision had “damaged an already fragile confidence” within the culture sector.

While it acknowledged that the organisations receiving regular funding from Creative Scotland would not receive a budget reduction during 2023-24 as a result of this cut, with some of Creative Scotland’s National Lottery reserves having been allocated to offset it, it sought further clarity on the extent to which the use of these reserves will have impacted the level of funding available to manage the transition to Creative Scotland’s new Multi-Year Funding Programme.

The report also considered what progress the Scottish Government had made in the last 12 months on taking forward innovative funding solutions in response to the challenges facing the culture sector, including government commitments on multi-year funding and cross-portfolio funding models.

The Committee highlighted that “very limited progress” had been made and called for “much greater urgency and a clear pathway to make tangible progress” on implementing these funding models.

Commenting on the report, Committee Convener Clare Adamson said: “The First Minister’s recent commitment to increase the Scottish Government’s investment in arts and culture by £100 million over the next five years comes as the Committee has been hearing from stakeholders across the culture sector of the significant financial challenges it continues to face.

“We heard that the ‘perfect storm’ facing the operating environment of the sector has not abated over the last 12 months, with external and public funding pressures maintaining; and that there has been very limited progress made on implementing innovative funding solutions to support the sector.

“Given this context, there was an urgent need for the Scottish Government to restore the confidence of Scotland’s culture sector.

“We look forward to receiving further details of the First Minister’s commitment to provide additional funding for arts and culture.”

Committee Urges Government Action to Strengthen Culture in Communities

A Holyrood Committee has published a new report highlighting the challenges in supporting culture to thrive within communities across Scotland.

The report from the Parliament’s Constitution, Europe, External Affairs and Culture Committee found that while progress has been made in implementing a place-based approach to culture, there are still “several significant challenges” facing local and national government that need to be addressed to “realise the ambitions” of the Scottish Government’s culture strategy.

The Committee concluded that the “cross-cutting” nature of the challenges facing Scotland’s culture sector requires “a whole-system approach” across different levels of government.

During the inquiry the Committee gathered evidence on best practice and barriers to cultural participation within different communities across Scotland, with visits to Wester Hailes and Craigmillar , Dumfries, and Orkney.

Members also heard from a wide range of stakeholders, many of which agreed on the importance of cultural work being grounded in local communities, as outlined in the Scottish Government’s culture strategy.

The report’s findings outline the need for “much greater prioritisation in practice” being placed on community-led culture, which it says should be “at the heart” of the sector.

It also suggests the potential of existing community empowerment mechanisms, which could be used to improve place-based cultural delivery at the local level.

The Committee also noted that the funding of community-based cultural organisations and projects, local government cultural services, and of publicly owned community spaces where cultural activity can take place have all been put under pressure.

The financial constraints within the current economic environment are identified as posing a “significant challenge” to the successful implementation of place-based cultural policies, with the Committee calling on the Scottish Government to set out how it will “accelerate the implementation of innovative approaches to the funding of the culture sector”, an issue it will pursue further through its forthcoming pre-budget scrutiny.

The Committee also raised its concerns that some cultural and community assets were said to be becoming “less available, less affordable, and at risk of closure”, recognising that “the loss of community spaces is likely to impact on the access to culture for those communities”.

The report urges the Scottish Government to address these challenges and incorporate the Committee’s findings and recommendations into the forthcoming refresh of the Culture Strategy Action Plan and Budget 2024-25.

Commenting on the report, Committee Convener, Clare Adamson MSP said: “Through our work on this inquiry, we have seen first-hand the positive impact of place-based cultural work in communities across Scotland.

“Support for community-led culture can help enrich the cultural landscape and further empower local communities, particularly those which face the greatest barriers to participating in cultural life.

“However, the Committee’s report has clearly demonstrated that while progress has been made, there are significant challenges facing both national and local government in delivering Scotland’s ambitions for a place-based approach to culture.

“We urge the Scottish Government to take our findings and recommendations on board as it refines its forthcoming Culture Strategy Action Plan and its Budget for 2024-25 to ensure that culture can thrive in our local communities.”

Cultural communities – is enough being done to support culture at community level?

What cultural activities are happening in communities across Scotland? This is just one question being asked by the Scottish Parliament’s Constitution, Europe, External Affairs and Culture Committee as it starts a new inquiry.

The inquiry will see the Committee look at the Scottish Government’s Cultural Strategy, which focuses on what it calls a ‘place-based’ approach. The Committee will look at what this means for communities up and down the country and what barriers are in the way to developing local cultural activities.

Now the Committee want to hear from those who participate, attend or organise cultural activities in their local areas. It wants to find out what more needs to be done to support these activities and what difference they make to people’s lives.

Speaking as the inquiry launched, Committee Convener Clare Adamson MSP said: “Scotland has a rich cultural heritage and the very heart of that lies within our local communities. From community choirs to book clubs, local galas to theatre groups, there are a huge range of activities taking place each and every day.

“But these activities are not always easy to access or indeed organise, so we want to find out what support is needed to make these events happen. And importantly, where this support should come from.

“Culture enriches us all and this is especially true for our communities. Which is why we want to hear directly from those at the very heart of Scotland’s local communities.”

Questions the Committee is asking include:

  • What are the key factors that support you to attend or participate in cultural activities?
  • What support has there been in place to develop and grow cultural activities or events in your local area?
  • What needs to be in place to enable or to support a variety of cultural activities or events being organised and delivered in your local area?

The Call for views can be found here: 

https://yourviews.parliament.scot/ceeac/culture-in-communities and is open to 31 March 2023.

Cultural communities: Is enough being done to support culture at community level?

What cultural activities are happening in communities across Scotland? This is just one question being asked by the Scottish Parliament’s Constitution, Europe, External Affairs and Culture Committee as it starts a new inquiry.

The inquiry will see the Committee look at the Scottish Government’s Cultural Strategy, which focuses on what it calls a ‘place-based’ approach. The Committee will look at what this means for communities up and down the country and what barriers are in the way to developing local cultural activities.

Now the Committee want to hear from those who participate, attend or organise cultural activities in their local areas. It wants to find out what more needs to be done to support these activities and what difference they make to people’s lives.

Speaking as the inquiry launched, Committee Convener Clare Adamson MSP said: “Scotland has a rich cultural heritage and the very heart of that lies within our local communities.  From community choirs to book clubs, local galas to theatre groups, there is a huge range of activities taking place each and every day.

“But these activities are not always easy to access or indeed organise, so we want to find out what support is needed to make these events happen. And importantly, where this support should come from.

“Culture enriches us all and this is especially true for our communities. Which is why we want to hear directly from those at the very heart of Scotland’s local communities.”

Questions the Committee is asking include:

  • What are the key factors that support you to attend or participate in cultural activities?
  • What support has there been in place to develop and grow cultural activities or events in your local area?
  • What needs to be in place to enable or to support a variety of cultural activities or events being organised and delivered in your local area?

£150,000 Award for Civic Arts Organisations open for applications

Calouste Gulbenkian Foundation opens applications for £150,000 Award for Civic Arts Organisations

Cultural organisations across the United Kingdom have been invited to apply for the £150,000 Award for Civic Arts Organisations, run by the Calouste Gulbenkian Foundation. 

This year’s award is themed around ‘Co-Creating the Future’. It spotlights organisations that are helping to transform communities, even in the most challenging of contexts – whether by igniting joy, hope, compassion and energy, improving wellbeing, forging new connections, or developing solutions.

The Award for Civic Arts Organisations began in 2020, as a response to the Covid19 pandemic. This year, many arts organisations still face difficulties: according to Arts Council Wales, the costs of staging cultural activities have risen by as much as 40 per cent. The Award offers prize funding of £150,000, one of the largest amounts for an award in the arts.

Louisa Hooper, Director of the Calouste Gulbenkian Foundation (UK Branch), said: “The Award for Civic Arts Organisations is designed to support cultural projects that put community at their hearts. In difficult times, it’s more important than ever that art and culture are available to everyone.

“By prioritising co-creation, this year we’re looking to recognise organisations that create lasting change by working with and in communities to address their needs and concerns, deepen relationships, and use arts and creativity to enable positive change.”

Previous recipients of the award include The Art House in Wakefield, which created the first studio sanctuary for asylum seekers in the UK, Project Art Works, a collective of neurodivergent artists and activists based in Hastings, and Heart n Soul and the Museum of Homelessness, both based in London.

Baroness Bull, chair of the Award panel, said: “The Award for Civic Arts Organisations is vitally important in encouraging and rewarding genuine engagement and co-creation with local communities.

“In the years since the award was founded, we’ve seen hundreds of entries from organisations across the UK demonstrating a commitment to changing lives through art.”

Sydney Thornbury, CEO of The Art House in Wakefield, highlights the impact the award can have for organisations themselves: “The stability the Award provided combined with these new funding opportunities has deepened the work we were already doing and has opened up new opportunities for how we can further extend our civic impact.”

The independent panel of judges are Darren Ferguson, CEO/Founder, Beyond Skin; Ica Headlam, Founder, We Are Here Scotland; Philipp Dietachmair, Head of Programmes, European Cultural Foundation; Rachel Noel, Head of Programmes and Partnerships, Tate; Rhiannon White, Co-Artistic Director, Common Wealth Theatre; Saad Eddine Said, CEO/Artistic Director, New Art Exchange; and Sydney Thornbury, CEO/Artistic Director, The Art House (main recipient of 2022 Award).

The Calouste Gulbenkian Foundation UK Branch, founded in 1956, was one of the earliest champions of community engagement in the arts.

In 1959, it published the seminal report Help For The Arts, which pioneered ideas including artists and writers in residence in non-artistic institutions, and arguing for more focused and sustained funding for arts organisations outside London and the major cities.

‘Perfect storm’ of financial pressure facing Scotland’s cultural sector

A ‘perfect storm’ of financial pressure is being faced by Scotland’s cultural sector. This is the warning from the Scottish Parliament’s Constitution, Europe, External Affairs and Culture Committee.

In a report published this week, Holyrood’s Committee looks ahead to the Scottish Government’s 2023-24 budget and the impact of budgetary decisions on Scotland’s culture sector. It calls on increased urgency to address budget pressures through innovative approaches to funding.

The report underlines recommendations made by the Committee during previous budget scrutiny. It calls for these innovate approaches to be accelerated in order to address the difficulties being faced.

During its consideration, the Committee heard the challenges facing that sector have become more acute as it struggles to recover from the COVID-19 pandemic, and further compounded by the cost of living crisis following on from longer term budget pressures. The Committee has recommended taking an innovative approach to budgeting including greater use of public and private investment as well as multiyear funding.

The Committee also repeats its call from last year for the mainstreaming of the culture budget. It also asks the Scottish Government for updates on embedding culture more broadly as part its plans for a wellbeing economy.  This would take into account the contribution which preventative spend in areas like the arts and other cultural activities makes towards health and wellbeing.

Speaking as the report launched, the Committee Convener Clare Adamson MSP said: “Scotland’s cultural sector plays a vital role in Scottish life. But we heard blunt warnings from those within the sector that stark choices lie ahead.

“Increased operating costs come at a time when most cultural venues are still struggling to recover from the pandemic, and without truly innovative approaches to funding, there is a real danger that Scotland’s skilled cultural workforce will be lost along with some of our best loved cultural icons.

“There are no doubt considerable pressures across all areas of the Scottish Government budget, and there are no easy choices. But the current situation provides an opportunity to accelerate these innovative solutions. The Scottish Government must take action to protect this fundamental part of our society.”

MSPs to look at role of parliament and governance in Scotland

The Scottish Parliament’s Constitution, Europe, External Affairs and Culture Committee is to hold hearings to examine how devolved structures and conventions are working in the post-EU landscape.

The evidence sessions will look at:

  • Legislative consent (sometimes known as the ‘Sewel Convention’);
  • Implementation of the EU-UK Trade and Co-Operation Agreement (TCA);
  • Intergovernmental relations;
  • Retained EU law; and
  • Implementation of the Ireland/Northern Ireland Protocol

The effects of the UK leaving the EU, including UK and GB-wide arrangements put in place to replace EU systems (such as Common Frameworks and the UK Internal Market Act), as well as disagreements between the UK and Scottish Governments over issues including legislative consent, have all impacted on how the Scottish Parliament and Government work. These changes will be examined in detail by the Committee.

These hearings follow on from inquiries by the Committee into the European Union (Continuity) (Scotland) Act 2021 and the UK Internal Market Act (UKIMA), as well as the Committee’s role in the first meeting of the UK-wide Interparliamentary Forum.

The Committee previously concluded that UKIMA has created a tension in the devolution settlement, with more emphasis on open trade than regulatory autonomy, when compared to the EU Single Market.

It also identified a risk that the emphasis on managing regulatory divergence at an inter-governmental level may lead to less transparency and Ministerial accountability, and a tension in the balance of relations between the Executive and the Legislature.

Speaking ahead of today’s first roundtable looking at the issue of legislative consent, Committee Convener, Clare Adamson MSP, said: “Leaving the EU has meant a significant change in the UK’s constitutional arrangements. Of course, this has implications for Scotland and its Parliament.

“Though many of these changes are very technical, they can have important implications. We have already put on record our concerns around a number of potential risks including less regulatory autonomy for devolved Parliaments, reduced democratic oversight, and a less consultative policy making process.

“As MSPs, we now want to examine what other changes mean for devolution.”

So far, the following roundtables are scheduled for the following dates:

Thursday 19 May: Legislative Consent after Brexit

Thursday 26 May: Implementation of the Trade and Co-Operation Agreement

Thursday 9 June: Intergovernmental relations