The governance and oversight of the EU-UK Trade and Cooperation Agreement – What role for the devolved institutions?

Summary:

The new EU-UK Trade and Cooperation Agreement came into provisional force on 1 January 2021. As the implications of the Agreement become clearer, one of the most important aspects are the underpinning governance arrangements. The new Agreement runs wider than a simple free trade agreement and is modelled on the EU’s Association Agreements (such as that with Ukraine), as a result, it includes a governance structure to oversee its operation. By “governance”, we mean oversight of the operation of the Agreement.

Experts have suggested that the nature of the deal means that the negotiations between the UK and the EU will continue long into the future, which places an onus on the governance structures to ensure the Agreement operates effectively.

Given the breadth of the Agreement and its impact on many devolved policy areas, this blog examines the likelihood of Scottish Government and Scottish Parliament involvement in the governance of the Agreement and why involvement could be important.