Policy paper

Inter-ministerial Group for Justice: Terms of Reference

Updated 20 February 2024

This was published under the 2022 to 2024 Sunak Conservative government

Purpose and Scope 

The Inter-Ministerial Group for Justice (IMGJ) is a forum to facilitate formal and regular engagement on areas of mutual interest related to justice between departmental ministers from all four governments.  

The IMGJ is led by relevant ministers from across the UK with justice in their portfolio. When expertise on areas outside justice is deemed useful, ministers from other departments and ministries may be invited to attend.  

While ministerial responsibilities in the justice space differ across administrations, any matters of shared interest relating to justice are in scope for discussion at the IMGJ, which may include the policy, delivery, technical, and legislative elements of these matters.

The IMGJ will enable the sharing of knowledge and information between administrations. Where Ministers agree that it is appropriate to do so, it may also act as a forum to reach agreement on shared issues.  

The IMGJ may also act as a forum for the resolution of disagreements between administrations where remedies have not been achievable at official level.

The IMGJ operates in line with the devolution settlements and the principles contained within the Memorandum of Understanding between UKG and the Devolved Governments (DGs). It considers devolved matters and, in situations where there is an impact on another administration, reserved matters. Such situations might include where there is a devolved competence; where DGs have implementation responsibility; or where matters are reserved but there is a devolved interest.  

The IMGJ is not intended to supersede or replace any forms of current engagement arrangements that are in place between the administrations.

Responsibilities

The IMGJ will:  

• Sustain positive and constructive relations based on mutual respect for the four governments’ respective responsibilities and a shared role in the governance of the UK
• Facilitate effective collaboration and regular engagement in the context of increased interaction between devolved and reserved competence in our new relationship with the EU and other global partners
• Provide equal opportunity for all governments to influence the choice of issues under consideration
• Expect that all governments will respect and abide by any jointly agreed guidance, rules, and processes, including the principles and practices in the Memorandum of Understanding between UKG and the DGs
• Facilitate increased accountability and transparency which, in turn, can help develop and enhance the culture of engagement
• Ensure that the processes serve all governments equally and fairly
• Promote dispute avoidance and, as appropriate, resolve disagreements
• Identify interdependencies and risks to the effectiveness of IMGJ and any associated joint working and implement preventative and mitigating measures

Operation of the IMGJ 

Frequency of meetings: A timetable is to be set and agreed on an annual basis with planned meetings once every four months (three times a year). The joint IMGJ secretariat will liaise with Private Offices to propose dates and agree the proposed schedule of meetings. 

Extraordinary meetings may be convened as necessary in exceptional circumstances. Where IMGJ meets to resolve a disagreement, it may do so as part of a routine meeting or by convening additional meetings solely for dispute resolution. 

Duration: It is expected that IMGJ meetings will typically last for 90 minutes 

Constitution: Membership of IMGJ will include as a minimum one minister from each UK Administration with justice in their portfolio. The permanent members are based on current ministerial responsibilities and include:  

• Parliamentary Under Secretary of State at the Ministry of Justice, Lord Bellamy KC (UKG)
• Cabinet Secretary for Justice and Home Affairs, Angela Constance MSP (SG)
• Counsel General for Wales, Mick Antoniw AS (WG)
• TBC (Richard Pengelly, Department of Justice Permanent Secretary) (NIE)

One minister from each of the UK Territorial Offices will be invited to attend.  In addition, there may be occasions when the IMGJ agrees to invite ministers with expertise on areas outside of justice where it is relevant to the discussion on a particular topic. 

The IMGJ may agree to invite non-governmental stakeholders such as representatives of industry or NGOs. Where other departments or agencies join discussions including those intended to resolve a dispute, their role will be consultative and advisory. 

Attendance: Each administration will be represented by a minister.

The secretariat should be notified of any absence at the earliest opportunity, and in such cases, members will be expected to nominate a suitable ministerial delegate to attend in their place. In exceptional circumstances and subject to agreement of the Chair of the forthcoming meeting, a senior official may attend in their place.

Location: Locations will rotate between the four administrations. This will be agreed in advance as part of the annual forward outlook for the IMGJ. The host administration will lead on the logistics and cover any associated costs in hosting the meeting such as venue hire and catering. 

It is the ambition of the IMG for all members to attend in person wherever possible. However, all meetings will be supported by hybrid facilities to ensure that participants are able to attend virtually where they cannot do so in person (with the exception of the Chair). If this is the case, the Chair and secretariat should be notified as soon as possible in advance of the meeting.

Chairing Arrangements: The Chair will rotate between the four administrations. The order will be agreed in advance as part of the annual forward look for the IMGJ. 

The Chair will be responsible for ensuring that the discussion proceeds efficiently, positively, and keeps to time. The Chair may contribute to the discussion but will not have a decision-making role; decisions will be by consensus.   

Secretariat: The IMGJ will be supported by a joint secretariat, run by officials across the four administrations, which will ensure the smooth functioning of IMGJ meetings. Papers for a particular IMGJ meeting will be circulated by those members of the secretariat whose government is hosting and chairing that meeting.   

Agenda and Papers:

• An annual forward look of the core agenda for the coming year’s four meetings will be agreed in advance by the IMGJ Senior Officials Group, with scope to add topics based on ongoing suggestions from all four administrations subject to further discussion by the Senior Officials Group. All administrations can propose agenda items through the IMGJ secretariat
• Actions from the previous meeting will be reviewed at the start of each meeting
• Papers may be provided by any of the four administrations
• The final agenda and papers for each IMGJ meeting will be issued no less than one-week ahead of the scheduled meeting, unless agreed otherwise

Timings in relation to the agenda and papers for IMGJ meetings are:

1. Agenda items and papers are proposed by officials in the administrations through the secretariat (8 weeks before IMGJ meeting)
2. Proposals for agenda items and papers are agreed via email by members of the Senior Officials Group, after which the secretariat will commission papers (6 weeks before IMGJ meeting)
3. Papers are sent to the Senior Officials Group (1 week before it meets)
4. The Senior Officials Group meets virtually to clear papers (2 weeks before the IMGJ meeting)
5. Agenda and papers are sent to the IMGJ (1 week before IMGJ meeting)

Minutes and Reporting: Discussions will take place in a confidential setting and will be minuted.

The secretariat will circulate draft minutes, an action log, and high-level summary within ten-days for comment and agreement. These should be agreed as soon as practicably possible and in advance of the next scheduled IMGJ.  

The high-level summary will be published on gov.uk. The DGs may also choose to publish through their respective channels.  

Noting the sensitive nature of the IMG discussions, it is recognised that ministers may be required to report to their respective parliament on inter-governmental relations. In the event that additional information is required to that contained in the summary communique, administrations should provide high-level details of discussions, unless otherwise agreed by the IMG.

Dispute resolution: The IMGJ aims to foster positive and constructive relations between the administrations with a focus on collaboration and mutual respect.

In the event that disagreements arise, which cannot be resolved at official level, a dispute mechanism process will enable escalation to the IMGJ. It is anticipated that this process will not need to be drawn on frequently.

The Senior Officials Group will base an assessment of the nature of the disagreement guided by the criteria below in order to escalate a dispute to IMG level:

• Has the disagreement been discussed extensively at senior civil servant level?
• Was a solution proposed at the senior civil servants’ discussion that was not satisfactory to all parties to the disagreement?
• Does the disagreement have implications beyond its policy area, impacting the wider relationships between governments?
• Are there significant implications for the relationship between two or more governments?

All disputes will be considered on a case-by-case basis. Where disputes are not resolved at IMGJ level, they can be escalated to the IGR secretariat as per the criteria outlined in Annex D of the Cabinet Office Review of Intergovernmental Relations (2022)

Review: The IMGJ ToR represent an agreement between the four administrations in the UK. They will be subject to review from time to time and will be assessed for effectiveness on an annual basis. They will remain in place unless and until the IMGJ and the IMGJ Senior Officials Group agree any changes.   

The IMGJ Senior Officials Group

Purpose and Scope

The IMGJ Senior Officials Group, drawn from the four nations, will provide coordination, oversight and direction to the activity of the IMGJ.

The Group operates in line with the devolution settlements and conducts its business according to the principles for good relations as set out in the Memorandum of Understanding between the UKG and the DGs, notably those of communication, consultation, and cooperation.

In terms of dispute resolution, the IMGJ Senior Officials Group will consider whether any dispute should be escalated to IMGJ if agreement has not been reached at official level as per the criteria outlined in the IMGJ Terms of Reference.

Responsibilities

The IMGJ Senior Officials Group will:

• Facilitate IMGJ meetings and support the work of the IMGJ in line with its scope and purpose and the activities the IMGJ has agreed to take forward
• Ensure that effective structures are in place to support delivery of IMGJ actions and monitor their delivery
• Commission engagement and working groups in the four nations to look into matters arising from IMGJ meetings
• Ensure papers and/or updates on the agreed actions from IMGJ meetings are provided and meet the needs of the IMGJ
• Ensure that information is shared with both existing and any future wider inter-governmental forums if required and with external stakeholders if it is agreed to do so
• Recommend to IMGJ the direction and benefits of any future new activities
• Monitor progress and provide direction on the ongoing development, implementation, operation, review, and adjustments of any agreed work/actions
• Provide a dispute resolution mechanism for work/actions and wider policy, prior to escalation of any disagreements to IMGJ
• Respond to any unforeseen matters where joint action is agreed as being beneficial and/or necessary
• Identify interdependencies and risks to the effectiveness of IMGJ or joint working underway between UK administrations and consider and implement any preventative and mitigating measures

Operation of the IMGJ Senior Officials Group

Frequency: Once every four months (three times a year) with extraordinary meetings convened as necessary in exceptional circumstances to address urgent issues. The Group will aim to meet no later than two weeks before a scheduled IMGJ.

Duration: As required by the agenda of the forthcoming IMGJ meeting

Constitution: Membership of the Group will include senior officials from each UK administration. Current core membership includes:

• MoJ: James Dowler (Director of the International, Rights and Constitutional Policy), Chris Jennings (Executive Director, HMPPS Wales)
• Northern Ireland Executive: Maura Campbell (Head of Criminal Justice Policy and Legislation Division)
• Scottish Government: Neil Rennick (Director of Justice)
• Welsh Government: James Gerard (Deputy Director, Justice Policy)

All administrations may bring additional officials to support agenda items and assist with secretariat functions.

Attendance: Attendance of the core membership is important but in exceptional circumstances deputies may attend with prior notification to the Chair. Deputies should have fully delegated authority to make decisions and approve documentation on behalf of the appropriate member.

In addition, with the agreement of other administrations, officials from other organisations (governmental or otherwise) may be invited to attend to support specific discussions.

Location: To reduce costs the IMGJ Senior Officials Group will normally meet virtually via an agreed platform.

Chairing Arrangements: The Chair will rotate between senior officials from the four administrations to mirror chairing arrangements for the related IMGJ meeting.

The Chair will be responsible for ensuring that the discussion proceeds efficiently, positively, and keeps to time. The Chair may contribute to the discussion but will not have a decision-making role and decisions will be by consensus.

Secretariat: The IMGJ Senior Officials Group will be supported by the same secretariat as the IMGJ. As with the IMGJ itself, the secretariat lead for the Senior Officials Group will rotate depending on which administration is hosting the next IMGJ meeting.

Agenda and Papers: The Senior Officials Group will discharge its responsibilities in relation to preparation and agreement of the IMGJ agenda and papers according to the process and timings set out in the IMGJ ToR. The secretariat will support them in this.

Minutes and Reporting: Discussions will take place in a confidential setting and will be minuted. The secretariat should circulate notes and action points within three-days of the meeting for comment and agreement. These should be agreed as soon as practicably possible and in advance of the subsequent IMGJ.

The IMGJ Senior Officials Group will support the production and agreement of a published communique on the work of the IMGJ following each IMGJ meeting.

Review: The IMGJ Senior Officials Group ToR will be reviewed in light of any changes to the IMG ToR or annually, whichever occurs first. Any changes will be agreed jointly.