Second UK-EU Summit: Scottish Government priorities

Respect for devolution  

In our November 2025 paper, the Scottish Government set out in detail our expectations for ensuring that the processes of negotiation, legislation and implementation of any and all agreements with the EU fully reflect and respect the devolution settlement across the UK.  

Those expectations still stand – including the following core principles which must underpin the governance of the negotiation process:

• consultation: Devolved Governments have the opportunity to comment formally on the UK negotiating mandates before they are agreed by the UK Cabinet
• transparency: the UK Government shares the emerging negotiating texts with the Devolved Governments at meaningful points in the negotiating process
• access: Devolved Government officials have appropriate ‘live’ access to the talks for relevant subject areas, whether ‘in the room’ or via some kind of ‘room next door’ model, using named policy leads for each area of negotiation

At the first Summit, it was disappointing that an agreement was reached on fisheries, an area vital for Scotland and within devolved competence, without meaningful dialogue with Scottish Ministers. It is critical this approach is not repeated at the second Summit. 

As the programme of primary and secondary legislation to implement the anticipated new UK-EU agreements within the UK takes shape, it is also crucial that the legislative approach ensures full respect for the devolution settlement. 

The European Partnership Bill is expected to be a highly significant piece of legislation. While the Bill is expected to pursue the welcome objective of closer alignment with the EU, it raises fundamental questions about respect for the Scottish Parliament, and for the devolution settlement itself. It would be unacceptable for this new piece of UK legislation to become another example of decisions being taken for Scotland – rather than with Scotland, or by Scotland.

In addition, in relation to SPS, ETS and IEM negotiations, the Common Understanding envisions not only dynamic alignment with EU rules, but also a future role for the UK in decision-shaping of relevant EU rules. It is critical to ensure that those decision-shaping arrangements are secured, and are designed to include a clearly defined role for the Devolved Governments, in a way which fully respects devolved competence. 

It is vital that the UK Government engages closely with the Devolved Governments to address these issues, and ensure that appropriate arrangements are in place to safeguard respect for the devolved responsibilities of the Scottish Government and Scottish Parliament under the devolution settlement.