RELATIONS WITH UK GOVERNMENT
One of the greatest challenges facing the Scottish Government in ensuring that Scotland's voice is heard in Europe is that European relations are a matter reserved to the UK Government which has overall responsibility for presenting the UK's interests in the EU. As such, the Scottish Government's relationship with the UK Government when dealing with EU issues is just as important to Scottish interests as direct relations with the EU institutions. It is committed to developing an active and constructive relationship with the UK Government when dealing with EU affairs.
Memorandum of Understanding and the Concordat on Co-ordination of EU Policy Issues
The Concordat on Co-ordination of EU Policy Issues, found within the Memorandum of Understanding which was agreed at the time of devolution, sets out the devolved administrations' rights to be fully involved in agreeing the UK's negotiating position on EU matters that affect devolved policy areas. The Scottish Government is committed to fulfilling its obligations as set out in the Concordat and expects the UK Government to do likewise, however it has serious concerns on the limitations arising from current arrangements, i.e. that it is unable to represent Scottish interests directly in Brussels without the explicit consent of the UK Government. The Scottish Government will seek discussions on a potential review of the Memorandum of Understanding at the earliest possible opportunity.
Joint Ministerial Committee (Europe)
At the time of devolution a number of Joint Ministerial Councils were set up to provide a forum for the relevant ministers from the UK Government and the devolved administrations to meet and discuss major issues. To date the Joint Ministerial Council for Europe (JMC(E)) is the only incarnation of these councils that continues to meet regularly. The Scottish Minister for Europe is working with her counterparts in the devolved administrations and the UK Government to reinvigorate JMC(E) and uses this forum to its maximum potential when ensuring that Scotland's interests are considered by the UK Government.
Relations with Whitehall
Fundamental to establishing effective communication with the UK Government is at official level where Scottish officials work closely with officials in Whitehall, thereby promoting mutual respect and openness at an individual level. This also extends to Scottish Ministers who discuss high level issues with their UK counterparts to ensure that Scotland's opinions and interests are taken into account when deciding the UK negotiating position. In a number of policy areas Scotland's knowledge, expertise and resources are already integral to the development of UK policy-making.
Obviously there will be occasions when the Scottish line will differ with that of the UK position. The Scottish Government understands that in order to protect Scotland's interests it is important to use all available avenues to influence the UK Government when negotiating on an issue of importance to Scotland while not interfering in matters which are of little importance to Scotland or where its interests lie with those of the UK. This approach avoids unnecessary conflict and gives more weight to Scotland's opinions at the time when they must be heard.