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Home Feature Pieces

The Constitutional Commission: A Soft Reboot

The Independent Constitutional Commission reformats a familiar plot but it can't save a tired franchise.

Owen Donovan by Owen Donovan
February 12, 2024
in Feature Pieces
The Constitutional Commission: A Soft Reboot
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The Independent Commission on the Constitutional Future of Wales – the latest installment in the Welsh Constitutional Universe franchise – recently published its final report (Cymraeg – pdf; English – pdf).

There’s also an easy-to-read version (Cymraeg – pdf; English – pdf).

The Commission was a 2021 Labour Senedd election manifesto commitment and was taken forward under the co-operation agreement with Plaid Cymru. The entire exercise cost just over £1.5million.

The Commission was tasked with considering options for strengthening Welsh democracy and devolution, as well as options for Wales’ long-term constitutional future.

This was going to be a piece about post-politics in Wales – why we don’t “do” politics anymore. Ironically, I couldn’t be bothered. That’ll be touched on in a separate mini-series on independence and democracy starting in March.

As a primer to that, this piece looks at the Commission’s findings and the chances of anything being delivered (lol).

2. Protecting & Enhancing Devolution

  • 1. Understanding & Strengthening Democracy
  • 2. Protecting & Enhancing Devolution
  • 3. Long-Term Constitutional Option One: Federalism
  • 4. Long-Term Constitutional Option Two: Independence
  • 5. Conclusions: A sequel we didn’t need
Previous
Next

IndyWales & The Crown Estate
Environment & Natural Resources

IndyWales & The Crown Estate

February 7, 2022
A Welsh Justice System I: The Legal System & Devolution
Independence: Justice

A Welsh Justice System I: The Legal System & Devolution

July 19, 2021
Wales on the Move I: Transport & Devolution – Who does what?
Independence: Transport & Infrastructure

Wales on the Move I: Transport & Devolution – Who does what?

June 12, 2023

Under this option, the Senedd would gain additional powers alongside improvements to how the different governments of the UK work together. However, the Senedd’s powers wouldn’t be fully protected as the UK Parliament has full sovereignty/control over all policy matters.

What were the key findings?

  • This was the most popular option from “the national conversation”, with almost half (49%) of those taking part in citizens’ panels preferring this over everything else.
  • There’s broad agreement that the UK would be better governed if all nations collaborated more; though the devolved nations should be “respected”.
  • The largest group of people believe the UK Government should only intervene when a devolved parliament acts outside its powers; there’s little support for the UK Parliament being able to make laws “whenever they want”.
  • 15% of people supported ending devolution. The proportion of people who support abolishing the Senedd matches those who support independence and has increased at the same rate since 2013.

What were the Commission’s recommendations?

  • There should be a formal system for working relations and dispute resolution between the UK’s governments.
  • The UK House of Lords should be replaced with a reformed second chamber that provides a bigger voice for Wales, Scotland and Northern Ireland at Westminster.
  • The Sewel Convention – a gentlemen’s agreement whereby the UK Parliament only makes laws in devolved policy areas, or changes devolved powers, with the permission of the devolved parliaments – should become law.
  • Scotland’s extra borrowing and income tax powers should apply to Wales. This could (but not necessarily should) pave the way for the devolution of welfare administration in line with Scotland too.
  • Wales should have a “stronger voice/influence” in broadcasting – but there was no recommendation to devolve it at present. There was a consensus that employment law shouldn’t be devolved either.
  • The Commission suggested updating how local energy projects are managed and delivered.
  • Options for further devolved powers include the Crown Estate, criminal justice (starting with policing, probation and youth justice), along with rail services & infrastructure.

What are the chances of delivery going forward?

Slim at best.

It seems the former Conservative UK Government and the (as of July 2024) Labour administration won’t commit to anything or have outright dismissed it. There might be some movement on things like youth justice and probation (possibly even the Crown Estate) – but that’s it as things stand.

Verdict

Richard, Holtham, Silk and Thomas commissions did it first (and, arguably, better).

2. Protecting & Enhancing Devolution

  • 1. Understanding & Strengthening Democracy
  • 2. Protecting & Enhancing Devolution
  • 3. Long-Term Constitutional Option One: Federalism
  • 4. Long-Term Constitutional Option Two: Independence
  • 5. Conclusions: A sequel we didn’t need
Previous
Next
Tags: Abolish the AssemblyBritish FederalismBroadcastingConservativesConstitutionDemocratic DeficitDevolutionElectoral Reform & SystemsEnglandFiscal PolicyIndependenceLabourLocal GovernmentNorthern IrelandPolitical EducationRenewable EnergyScotlandSeneddTaxUK GovernmentUK Parliament
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State of Wales by Owen Donovan is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

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