A Federal Wales I looked at the arguments for and against decentralisation within Wales after independence.
This part will look at the options and what each of them would mean more broadly.
A Federal Wales III will consider the options in more detail, including what kind of powers could be decentralised within Wales. A Federal Wales IV will consider how it would all work in practice – the number of regions/states, legislatures, executive arrangements/governance, elections etc.
There are perhaps four realistic options that can be put on the table to decentralise Wales:
- Regional Authorities – Identical to the regional authorities mentioned in Part VI (similar to the London Assembly), with no law-making powers.
- Devolution – A form of internal devolution similar to what Wales currently has within the UK. This means a small number of regional assemblies with law-making powers in policy areas that have been devolved to them by the Senedd.
- Autonomous Communities – Similar to devolution except the autonomous regions would have some control over their devolution settlements through statutes of autonomy – so they can take on as many or as few powers as they like within the bounds of the national constitution.
- Federalism – A written Welsh Constitution divides powers between the national and the state/regional legislatures with a clear boundary between the two.
How does this work?
It would be a form of devolution but would be partially self-directed by the devolved regions.
Each region would draft its own Statute of Autonomy (or equivalent), which would act as a regional constitution setting out the region’s devolved powers, electoral arrangements, governance arrangements etc.
Each region would have the power to propose amendments to their Statute of Autonomy, subject to Senedd approval and approval by a Welsh constitutional court (presumably a Supreme Court). The Statute of Autonomy can add or remove powers not specifically reserved to the Senedd.
What would be the constitutional requirements to set this up?
There would need to be a written Welsh Constitution to make the necessary provisions to allow regions to adopt statutes of autonomy.
The Senedd would need to decide how many regions there should be and set out temporary devolution arrangements. After this, each region would draft its own Statute of Autonomy (by elected regional conventions).
The process would likely take between one and two Senedd terms (4-10 years) and each Statute of Autonomy may require a referendum in their respective region.
What sort of things would be decentralised under this arrangement (A Federal Wales Part III)?
Wales would have to adopt a reserved powers model under this system. So it’s more a case of deciding what powers should be retained by the Senedd. The obvious ones would be things like the Constitution, defence, welfare, foreign relations, civil rights, the Welsh language etc.
Some would be more debatable such as criminal justice (courts and prisons), energy/environmental regulations and certain tax powers.
Would there be law-making powers (A Federal Wales Part III)?
Yes; in all policy areas adopted by each region’s Statute of Autonomy.
The Senedd would retain the right to make laws in any area it chooses and the Supreme Court would be able to strike down any laws made by the regional assemblies/parliaments that it decides are unconstitutional.
Instead of a Sewel Convention-like system, autonomous communities would probably need to seek dispute resolution in the courts as the arguments wouldn’t be between legislatures, but between different constitutional interpretations.
How could it be funded (Part VII)?
A block grant similar to the one granted to the Senedd. Each regional assembly/parliament would be able to spend it as they see fit. The regional assemblies/parliaments could have some tax and borrowing powers too (similar to the Senedd).
What would it mean for local government (A Federal Wales Part III)?
Local government would end up being a devolved matter. That means each region can reorganise local government in any way it chooses.
As with devolution, the other possibility is that the Senedd “protects” local government and treats it separately from the regional assemblies by retaining its own powers over it.
