Terms of reference: Inter-Ministerial Group for Environment, Food and Rural Affairs
Published 19 February 2025
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Terms of reference
Purpose
The Inter-Ministerial Group for Environment, Food and Rural Affairs (IMG EFRA) coordinates engagement and promotes greater collaboration in areas of shared interest between the portfolio ministers leading on these issues within the UK and devolved governments. It oversees all intergovernmental working between the 4 governments operating in the EFRA policy areas and is the formal escalation point when ministerial agreement is required. It operates in line with the fundamental principle that collaborative working will be founded on maintaining positive and constructive relations, based on mutual respect for the responsibilities of the governments and their shared role in the governance of the UK.
The IMG EFRA is part of the wider inter-governmental machinery, which is outlined in the Review of Intergovernmental Relations published in 2022. It sits below the Interministerial Standing Committee (IMSC) and the Prime Minister and Heads of Devolved Governments Council. The IMG EFRA is a multilateral level forum, it complements but does not replace bilateral discussions or other policy-specific engagement.
Scope
The IMG EFRA operates in line with the devolution settlements and the principles contained in the Review of intergovernmental relations (2022). IMG EFRA can consider both reserved and devolved matters where either has the potential to impact upon another government. Such matters can be tabled for discussion by any portfolio Minister. Similarly, where they relate to the portfolios in scope, IMG EFRA can consider international issues including the UK’s international negotiations and obligations.
Responsibilities
The IMG EFRA will:
- set, direct and oversee delivery of activities agreed in any joint programme, as well as those which arise in the course of the year
- provide strategic level oversight of the development, implementation, operation, review and adjustment of any agreed common frameworks
- ensure that effective governance is in place to support engagement including through knowledge exchange, cooperation and collaboration in areas agreed as being of shared interest
- where appropriate, share information with existing wider intergovernmental forums (outside of the EFRA portfolio), and with external stakeholders if it is agreed to do so
- provide the dispute resolution mechanism for common frameworks and wider EFRA policy, prior to escalation of any disputes to the Inter-Ministerial Standing Committee (IMSC) and Prime Minister and Heads of Devolved Governments Council
- respond to any unforeseen matters, such as civil contingency issues arising from disease outbreak, flooding and global crises, where joint action is agreed as being beneficial and/or necessary
Dispute resolution
The IMG EFRA may act as a forum for the resolution of disagreements between governments where remedies have not been achievable at official level. For this, the IMG EFRA will utilise any established procedures or agree a new procedure if there are none in place, as needed.
IMG EFRA will not normally consider disagreements until they have progressed through the Common Framework dispute resolution and avoidance process agreed by the 4 governments. In other areas, it is expected that every effort will be made to resolve differences at the Intergovernmental Senior Officials Group (ISOG) before escalation to IMG EFRA. There will be proportionate procedures to clarify when Defra is fulfilling its duties for England and for the UK, including during the dispute resolution process.
Communications
Discussions will take place in a confidential setting and will be minuted. A jointly agreed communiqué will be drafted and published on GOV.UK and devolved equivalents. No other information relating to discussions will be shared with third parties unless agreed jointly. Where there is a requirement for Ministers to report to their respective parliaments on intergovernmental relations, governments will act within the spirit of the confidential nature of discussions.
Constitution
Membership of IMG EFRA will include as a minimum one Minister from each of the 4 governments that holds a portfolio relevant to its scope. All members are equal partners in the IMG EFRA. The members are listed in Annex A, based on current Ministerial responsibilities. Junior Ministers with relevant portfolios may also attend should they wish to do so.
There may be occasions when the 4 governments agree to invite Ministers (and/or officials) from other portfolios where it is relevant to the discussion. Any changes to the formal membership or any request to issue standing invites on a regular basis to particular departments will also require the agreement of the 4 governments. Where other departments or agencies join discussions including those intended to resolve a dispute, their role will be consultative and advisory. The 4 governments may jointly agree to invite non-governmental stakeholders such as representatives of industry, experts or NGOs.
Attendance
Each government will be represented by a Minister or, in exceptional circumstances, a senior official in the absence of a Minister.
Hosting and frequency
The location and dates of meetings are agreed on an annual basis in advance, with the host government rotating. The host nation’s Minister takes the chair. Meetings may take place virtually via an agreed platform, or in the host nation with the option to join virtually. Any costs associated with hosting are borne by the host government.
There will normally be at least 7 and up to 10 meetings per year. Extraordinary meetings may be convened as necessary in exceptional circumstances. Where IMG EFRA meets to resolve a disagreement, it may do so as part of a routine meeting or by convening additional meetings solely for dispute resolution.
Intergovernmental Senior Officials Group for EFRA
The Intergovernmental Senior Officials Group (ISOG) acts as a sherpa group to the Inter-Ministerial Group for Environment, Food and Rural Affairs – enabling it to discharge its responsibilities and functions. ISOG is the highest official level intergovernmental forum for EFRA portfolio, overseeing engagement between the 4 governments. It acts as the decision making and dispute resolution forum for EFRA issues ahead of potential escalation to the IMG.
Secretariat
The Secretariat, comprised of officials from the 4 governments, is responsible for developing the agenda, agreeing dates, locations and logistics (in conjunction with relevant Private Offices), and producing an action log, minutes and draft communiqués for agreement. The secretariat function also rotates and is performed by the host government.
The final agenda will be agreed jointly by ISOG officials in advance. There may be occasions when governments agree to confine discussion to a particular portfolio area. However, ordinarily the agenda should encompass a wide breadth of the EFRA portfolio. The agenda and papers are to be issued at least one week in advance of the meeting unless agreed otherwise.
Minutes and the corresponding action log will be circulated by the secretariat as soon as possible after the meeting, to be agreed by all parties, for internal use only and not for publication. A jointly agreed communiqué will then be agreed by the 4 governments for publication on GOV.UK and devolved equivalents within 2 weeks of the IMG taking place.
Review
The Terms of Reference represent an agreement between member governments and remain in place unless and until the IMG EFRA agree any changes. They will be kept under review and assessed for effectiveness on an annual basis. They will also be reviewed as appropriate in light of any changes to central intergovernmental machinery, and will, if necessary, be amended to align with it. Any changes must be agreed jointly and require consensus. The Terms of Reference will be published on GOV.UK.
Membership of the Inter-Ministerial Group for EFRA
- Secretary of State for Environment, Food and Rural Affairs (UK Government)
- Minister of State at Defra (UK Government)
- Cabinet Secretary for Rural Affairs, Land Reform and Islands (Scottish Government)
- Cabinet Secretary for Net Zero and Energy (Scottish Government)
- Cabinet Secretary for Climate Change and Rural Affairs (Welsh Government)
- Minister for Agriculture, Environment and Rural Affairs (Northern Ireland Executive)