Mick Antoniw MS argues that a constitutional reform and further devolution for Wales are urgently needed in order to settle the longer term democratic framework for the UK.
“It is important that we know where we come from, because if you do not know where you come from, then you don’t know where you are, and if you don’t know where you are, you don’t know where you’re going. And if you don’t know where you’re going, you’re probably going wrong.” Terry Pratchett
The need for constitutional reform has long been part of Labour’s DNA. Labour has traditionally been the party driving and developing devolution. It is a process that is vital to the stability, hegemony and prosperity of the United Kingdom; so why has it fallen off the radar?
The movement for the devolution of power is not an idea, or some sort of fad that has emerged in the last couple of decades, but an intrinsic part of a progressive movement which has its own unique political history with deep roots in Welsh national and social identity and aspiration, going back well over 150 years. From Chartism to the Cymru Fydd movement for Welsh Home Rule in the late 19th century to the Parliament for Wales campaign of the 1950s and early 1960s, to the Assembly for Wales Campaign of the 1970s and 1980s.
I write this preamble because we have a new and emerging generation of politicians, many of whom may have relatively limited knowledge and understanding of the unique history of the constitutional reform campaign that inspired and motivated so many in Wales, and which continues to do so.
As we approach the 2026 Senedd elections – probably the most important election in the modern history of Wales and our devolution – it is vital that political parties and individuals understand the progressive nature of the devolution process and how it is fundamental to the long overdue reform that needs to take place in the UK.
Devolution can mean different things to different people. For some, it is a stepping stone to independence; to others, particularly in the Labour movement, it is a process of decentralisation of power and of empowerment of people and communities. It has its roots in socialist thinking and the early Labour Party. Keir Hardie was a supporter of Home Rule and Aneurin Bevan supported the practical decentralisation of power: “The purpose of getting power is to be able to give it away.”
Yet, amongst the new generation of politicians (in all political parties) and in Westminster, there are some who remain unconvinced; who still see devolution as something they have inherited but would probably rather do without.
There were debates in Westminster on devolution in the immediate post-first world war years, but it was the 1974 Kilbrandon Report which laid the evidential legislative foundations for a formal devolution of power. It eventually led to the ill-fated 1979 devolution referendum held during the dying days of the Labour Government of Jim Callaghan.
The referendum was a disaster for devolutionists. Despite it being Labour policy, there was little enthusiasm from within much of the party. It was seen as either a rocky road to nationalist separatism or a bureaucratic fudge which merely created an unnecessary additional layer of Government.
For the centre left of the Labour Party and trade union movement, it was a demoralising moment. Those of us involved in the campaign thought we might never see devolution in our lifetime.
But the disaster of the 1979 referendum was followed by an equally catastrophic General Election which ushered in Margaret Thatcher and led to the unravelling of many aspects of the welfare state and common ownership of public services which had been built up over decades.
The reneging by the government of the plan for coal and mass pit closures led to the year-long miners’ strike of 1984/5. The strike was lost and the pits closed as we entered a dark period of economic recession and unemployment from which many of our communities are still recovering. But it became a political catalyst for change and caused a sufficient shift in public support for Welsh devolution.
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Dissatisfaction with centralised Westminster Government dominance led to the 1997 devolution referendum by the New Labour Government. Although it barely scraped through (by 7,000 votes), it was a turning point and culminated in the establishment of the Scottish Parliament and the National Assembly of Wales.
Devolution, even in a very modest format, had arrived.
It was the political legacy of Labour leader John Smith, who sadly died very suddenly in 1994. It is no secret that the new prime minister Tony Blair was no fan of devolution and was suspicious of where it might lead. But by then it was a core Labour manifesto commitment and had to be implemented.
Opinion polls since then have consistently informed us, year after year, that support for devolution has grown and consolidated. There is now a well established embedded majority in Wales not only in support of devolution but wanting to see the functions and responsibilities of the Senedd strengthened whilst not supporting independence.
Over the past 25 years, legislation has transformed the Senedd into a Parliament, a Senedd, with primary legislative powers with some tax-raising powers, increased devolved functions, particularly in areas of the economy, transport and Welsh elections.
Yet, amongst the new generation of politicians (in all political parties) and in Westminster, there are some who remain unconvinced; who still see devolution as something they have inherited but would probably rather do without.
This may sometimes explain the lack of consistent, strategic support and debate within Westminster on fundamentally important devolved Welsh issues which are also at the forefront in the Senedd. Where were the Welsh Labour voices speaking up for devolution of the Crown Estate? Where is the demand for commitment from the UK Government to accept the responsibility to fund coal tip clearance in full, or to develop a needs-based funding formula for Wales, the devolution of youth justice and probation (a long-standing Welsh Labour and Welsh Government policy), or HS2 and rail funding? Where is the debate for the radical reforms that should be in our blood, in our DNA as a party?
We have a crisis of democracy which is contributing to so many people disengaging from politics or turning to more extreme alternatives to the established political parties.
In some ways, it may be understandable that after 14 years in opposition there are macro-economic issues that Labour needs to make a priority. The economic chaos and mismanagement inherited from the Tories should not be underestimated, but failure to address the deeper constitutional issues will have longer term political consequences for the UK, and result in Welsh Labour becoming increasingly politically marginalised.
This was so well highlighted in the Gordon Brown report commissioned by Labour leader, now Prime Minister, Sir Keir Starmer:
“At the root of this failure is not just an outdated neo-liberal economic dogma, but also an unreformed, over-centralised way of governing that leaves millions of people complaining they are neglected, ignored, and invisible, all too often left to feel as if they are treated as second class citizens in their own country.”
The report proposes a new constitutional settlement:
“The political, social, and economic purposes of the UK as a Union of Nations, which the overwhelming majority of people in the country already accept, should be laid out in a new constitutional statute guiding how political power should be shared within it.”
Growing disengagement from democratic processes has brought our democratic system to a precipice. Our outdated first-past-the-post voting system was fine after the second world war when we had in effect a two party system. But things have changed. We have a four, five, six party system. It contributes to the alienation of a large number of voters who can reasonably assert that in practice their vote doesn’t count. The first-past-the-post system focuses political attention on a decreasing number of voters, in the so-called political centre and in a small number of constituencies. It results in the bizarre outcome of a party winning a General Election with 33% of the vote, winning two thirds of the seats, where 40% didn’t vote and large numbers were not even registered to do so.
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In Wales, the Electoral Commission estimates 440,000 people are missing from the electoral register alone. In the UK this will amount to many millions.
We have a crisis of democracy which is contributing to so many people disengaging from politics or turning to more extreme alternatives to the established political parties.
Despite talking up the political importance of devolution, in reality very little has changed for Wales. With the exception of England where some modest reforms are proposed in a White Paper, in practice, the UK Labour Government remains as ideologically centrist and unionist as its predecessor. The response to this crisis can only be described as complacent at best and grossly negligent at worst.
Welcome though the change of government is, without pan-UK constitutional reform, we are failing to address the deep-rooted problems arising from asymmetric devolution across the UK: economic and wealth inequality and the issue of shared sovereignty and its relationship with the devolved parliaments.
“If we are going to build an economy that works for everyone, we need nothing less than a completely new way of governing – a generational project of determined devolution. Because the Westminster system is part of the problem. Whitehall is full of layers of governance and bureaucracy, controlled and micromanaged from the centre. To truly get growth in every corner of the country and put more money into people’s pockets, we must rewire England and end the hoarding in Whitehall by devolving power and money from central government to those with skin in the game…”
“England is one of the most centralised countries in the developed world.”
These statements are by the Deputy Prime Minister Angela Rayner in her introduction to the English devolution white paper, but they are just as relevant to Wales and the rest of the United Kingdom.
The move towards greater devolution in England is positive; but on its own and out of context with the rest of the UK, it does nothing to resolve the deeper problems identified in the Brown report, let alone embrace its principles and recommendations.
The move towards greater devolution in England is positive; but on its own and out of context with the rest of the UK, it does nothing to resolve the deeper problems identified in the Brown report, let alone embrace its principles and recommendations.
The past 14 years of Tory Government were tortuously difficult for devolved government, especially as a result of Brexit, but the 2014 and 2017 Wales Acts did advance some reform and also led to the collective establishment of an Inter-Governmental Framework. A structure which intended to put relationships post-Brexit on a more consistent, principled and workable basis by the establishment of three tiers of intergovernmental engagement: inter-ministerial committees; a middle tier inter-ministerial standing committee to resolve broader problems; and ultimately a top tier committee of Prime Minister and First Ministers. Aided by an independent secretariat and disputes process, this offered at the very least a transitional structure which could provide the basis for a longer term constitutional legislative reform.
That was the theory. In practice, the centrist Conservative Government post–Theresa May hated it, at best tolerated it and regularly undermined it. The Sewell Convention, whereby the UK Government would not normally legislate in devolved areas, was consistently breached and by-passed, legislative engagement was nearly always last minute, and often with little devolved input and consideration of devolved functions and responsibilities. From time to time, I chaired the interministerial Committee of Westminster, Wales, Scotland and Northern Ireland, with the chair rotating between the four governments. A consistent subject of discussion was the regular breach of Sewell in legislation and the lack of transparent engagement with the devolved governments. It was a good idea in principle but whose fundamental flaw was that without any legislative framework, it was non-justiciable and dependent totally on good will and trust which was in short supply. So far, there is little evidence that much has changed.
As such, recommendation 22 of the Brown Report remains to be implemented.
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“Enhanced Protection: Welsh devolution should be constitutionally protected by strengthening the Sewel Convention and protecting it from amendment through the new second chamber.”
Since the General Election, progress on further Welsh devolution has been non-existent. At the moment it is difficult to see that anything of consequence has changed. If anything, it has deteriorated. A lot of talk and superficial good will but little substance and lethargic commitment to reform.
Gordon Brown recommended that there was no reason why Wales should not have the same powers as Scotland. It has been a great political irony that the asymmetrical devolution model has found so much favour with some MPs. The defence of the England and Wales justice system, an outdated, post-Victorian model that is failing in just about every respect due to lack of funding and outdated concepts of the operation and administration of justice is bizarre and almost reflects a colonial mentality.
Welsh Government published a detailed set of proposals for justice reform, highlighting how it was not only needed but essential to building a 21st century justice system. A move towards dispute resolution, drug and alcohol courts, family reform, youth justice and probation devolution all had at their core the recognition that justice is about resolving disputes and resolving many of the issues which are rooted in social and economic inequality and poverty.
The last UK Government largely ignored the report.
To date, I have still seen no comprehensive response or analysis. The lack of response sadly reflects a retrospective and introverted constitutional conservatism that permeates across Westminster politics.
Nye Bevan asked in his book In Place of Fear:
“Where does power lie and how can it be attained by the workers….”
“It was no abstract question for us. The circumstances of our lives made it a burning, luminous mark of interrogation. Where was power and which the road to it.”
The Brown report embraces these principles:
Since the General Election, progress on further Welsh devolution has been non-existent. At the moment it is difficult to see that anything of consequence has changed. If anything, it has deteriorated.
“The UK is at a constitutional moment and needs change comparable to the important shifts in power in the 19th and 20th centuries that widened the franchise, reformed Parliament or, more recently, introduced devolution. Our economy is faltering. Our democracy has lost the trust of its people, who have repeatedly voted for change. 17.4m people voted for Brexit in 2016 and 1.6m in Scotland voted to leave the UK in 2014. […] But if we are to transform our country, we must change not just who governs us but how we are governed. […] Constitutions establish the framework of government in a country, but they also serve social and economic objectives setting out the purpose and direction of a country and the values and principles recognised by the people and the institutions of government.”
Yet, I have heard it said many times by many politicians, that there are too many other important issues and that because the Constitution is not regularly raised on doorsteps it isn’t important!
This quite frankly is nonsense. The Constitution is the agreement, the compact between Government and the People. It is about the exercise of power within the Rule of Law and we ignore it at our peril. It is the very essence of government.
Throughout the last 14 years, we have been overwhelmed by constitutional issues, Brexit, Human Rights, Civil Rights, EU and other trade agreements and many others, and we continue to be so.
What they really mean is it is not important if it involves devolving power to the people of Wales. The resistance to constitutional reform often seems to be more about fear of change and loss of status.
Some will argue that constitutional reform for Wales is an argument about sovereignty and this is wholly a matter that lies with Westminster. This is an outdated “colonial” and “conservative” response. For me, sovereignty can only come from the people. A power that belongs to the people but is exercised by parliament with their consent. If we really believe that sovereignty comes from the people, then within a devolved structure, where we have four legislatures with substantial legislative and administrative powers, with their own electoral mandates, elected by the people, then sovereignty can only be shared. This is a concept that some seem reluctant to concede, to the detriment of parliamentary democracy across the UK.
So, with an asymmetric devolution system, a dysfunctional UK constitutional structure, there is a paralysis of reform; yet, the disintegration and fragmentation of politics across the UK is clear to see.
In Wales, after 14 years of painful Tory austerity, there is a real need to make the changes that have been recommended in so many commissions and reports.
So, with an asymmetric devolution system, a dysfunctional UK constitutional structure, there is a paralysis of reform; yet, the disintegration and fragmentation of politics across the UK is clear to see.
We cannot afford to delay reform.
This is what I believe is essential if we are to get back onto a stable, workable and efficient democratic parliamentary structure:
- Abolish the House of Lords and replace it with an elected Council of the Nations and Regions. Its function would be to be a Constitutional chamber, and a scrutineer of legislation.
- End first-past-the-post as the electoral system for Westminster Parliament. It no longer works.
- Introduce a new Constitutional Reform Act to put the Inter–Parliamentary Governance Framework on a statutory basis. This will protect the Constitutional structure. This should also include the Sewell Convention. Sewell can no longer depend on goodwill and trust. It needs to be justiciable. There is no longer a need for a Welsh and Scottish office. These are expensive pre-devolution creations which have become outdated, irrelevant and undermine the operational development of the Inter-Parliamentary Framework. It is time for them to be phased out.
- Develop a new, needs based financial settlement for the nations and regions of the UK, which has a clear constitutional framework.
- Devolve the justice system incrementally over the next 10 years, starting with the devolution of youth justice, probation and policing, all of which are so intrinsically intertwined already with devolved functions.
- Recognise a Welsh legal jurisdiction. This is essentially an administrative step but is long overdue.
- Wales should have a designated judge in the Supreme Court.
- Devolve the Crown Estate to Wales. This can be achieved without disrupting existing plans. Wales’ recent history is one of being exploited for its national resources of coal and water. We should learn the lesson of history and ensure this isn’t repeated with the Crown Estate and the resource of offshore wind and tidal energy.
- Extend full and equal parliamentary privilege to all the Parliaments of the nations of the UK.
- The UK Government should formally recognise responsibility for the cost of pre-devolution coal tip safety and engage with the Welsh Government over the funding of a 10-year plan for tip removal and land restoration.
- Repeal the Tory UK Internal Market Act. This was introduced to undermine devolution and centralise UK Governmental power post–Brexit. It is not necessary and undermines the excellent common frameworks which were established to ensure hegemony across the UK internal market.
These are short to medium term measures. In the longer term, the UK needs a new constitutional settlement which can be achieved by a UK wide constitutional convention to settle the democratic framework for the UK for the next fifty to one hundred years.
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