Protocol for avoidance and resolution of disputes agreed between UK and devolved administrations

By natalie • Jul 22nd, 2010 • Category: Arbitration News, International Arbitration, International Mediation, Mediation NewsPrint This Post Print This Post

On 31 March 2010 the UK Government, the Scottish Executive, the Welsh Assembly Government and the Northern Ireland Executive agreed a Memorandum of Understanding setting out the principles that underlie relations between them. This includes a protocol setting out the process which should be followed by each administration in the event of dispute. Ministers from the four administrations agreed that the dispute resolution process “should be fair, accessible, informed and responsive.” They also committed to further work to improve the process. The Protocol states that efforts should be made to resolve differences at official and then ministerial level before invoking formally the Joint Ministerial Committee (JMC) process.

In light of the recent formation of a coalition government, it will be interesting to observe what dispute resolution mechanisms emerge. A formal Coalition Committee, dubbed the “Star Chamber”, will resolve disputes between Conservative ministers and Liberal Democrat colleagues. Mr Cameron and Mr Clegg will co-chair it, with equal numbers of members from each party. At any time the most senior Conservative or Liberal Democrat on a Cabinet committee can refer a dispute to the Coalition Committee. It is not known whether ADR will feature in the process.

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