Lord Elystan Morgan explains the effect that leaving the European Union will have on Welsh devolution

 and on the Welsh devolution settlement contained in the Wales Act 2017.

During the House of Lords Brexit Bill debate Tuesday Feb 21 he raised what could become an important matter that will undoubtedly impinge on the Act.

This is because a good proportion of the reserved powers have resided in Brussels and so Westminster does not have currently the totality of powers.

When these powers are repatriated, they will be repatriated, of course, not to Wales nor to Scotland but indeed, to Westminster.

A joint body should be set up between Westminster and Wales to see exactly how one can bring about a settlement that is fair, just and lasting.

He explained ….

‘Wales achieved a reserved-powers constitution in that Act. As the House will appreciate, there are two main patterns of devolution. One is a reserved-powers constitution where there is notionally a transfer of the totality of powers and then a reservation of certain specific exceptions. The other is a piecemeal system—what is called conferred devolution—and that is what Wales had from 1964 onwards, when it achieved its Secretary of State, and indeed there have been hundreds if not thousands of what one might call confetti-like situations of conferring individual powers.

Central to the concept of a reserved constitution is the idea that the mother parliament has on the table, as it were, the totality of powers that are available and relevant in the situation, and that the mother parliament looks upon those powers and says, “This is all that we have. This is where we draw the dividing line between the totality that is transferred and that small remnant that is retained and reserved”.

If indeed for some reason the mother parliament did not have the totality of powers at the time, it goes to the very heart, kernel and essence of a reserved constitution. I make the case that that is exactly what happened.

From 1972 onwards—indeed, from 1 January 1973 when we entered the Common Market—it meant that the European Communities Act ruled with regard to a very considerable swathe of legal authority. Exactly what percentage that represents of the laws affecting us I would not like to calculate but it is very substantial. It may be 25%, it may be 30% or 35%, or even higher. What it means for Wales, and it affects Scotland in exactly the same way, is that some 5,000 elements of law affect those devolved countries and yet the authority was not on the table of the mother parliament. That seems to me to go to the very heart, core and kernel of the idea of a reserved settlement.

What can one do? We can look at three situations: one is the Sewel convention, a convention that is now contained in the Scotland Act and the Wales Act of last year. That convention says that it is accepted that the mother parliament, being the supreme authority, can do what it wishes in relation to a devolved Administration. It can change the situation overnight if it wishes, but it will not do so, and would not think of doing so, unless asked by that sub-parliament or unless there were some very exceptional circumstances. That, as I said, has been written into the law by way of the Scotland Act and the Wales Act.

It is a convention. The Supreme Court said it was a convention and nothing more. It does not have the power of law. That obviously must be the situation technically. However, the Supreme Court went on in its judgment, in paragraph 151, to say that, nevertheless, a convention is important. It is binding morally and politically. It goes on to say that such conventions are of immense significance and have to be respected to bring about the harmonious situation and amity between the mother parliament and the devolved parliaments.

Although you might say that Europe was a reserved matter altogether, that is not so. Paragraph 8 of the schedule says that, although European relations are reserved, the question of the administration and oversight of the operation of European relations is not reserved. Clearly, that is covered by the convention.

Secondly, there is the question of the Joint Ministerial Committee, where, in utter confidence, matters are disclosed between one party and another. It has a very considerable future: it is possible to build a mutuality of trust that can be more important for the future of the United Kingdom than anything else.

Thirdly, there is the question of protocols. When the legislation was going through in relation to Scotland and Wales in late 1990s, it was said that on matters that were not devolved, there would have to be protocols. In fact, however, it was a dead letter. I would like to see the breath of life breathed into the cold clay and dry bones of such institutions, which I think have a very considerable future.

As for the situation now, when these powers are repatriated, they will be repatriated, of course, not to Wales nor to Scotland but indeed, to Westminster.

A joint body should be set up between Westminster and Scotland and between Westminster and Wales to see exactly how one can bring about a settlement that is fair, just and lasting.’

Continuing with Gwynoro's life story - videos 11 and 12

Posted are videos nos 11 and 12 of my recollections and life story. The previous 10 are on my YouTube channel.

Eventually there will be in all some 50 uploaded - there were some 12-14 hours of filming end of 2014.  

The initial intention was to use the recordings as an aide memoire to the writing of three books that are in the pipeline for this year and next, but it was decided to place the video recordings on the channel as well, albeit that they are home video recordings.

They are being uploaded over the coming year – about one a week.

There were no rehearsals or retakes - all therefore are unedited.

Inevitably therefore some events might be not accurately recalled in datelines etc but I will correct any such errors in the books.

Gwynoro Uncut - Video 11 - his name heritage and speech impediment

Describes the background to his name;

How his grandmother disobeyed his father's instruction as to the registration of his name;

Who was he named after and the connection with St David, Patron Saint of Wales;

Speech impediment with saying the 'R' and how it became a problem at Gwendraeth G.Sc

Speech Therapy sessions

The embarrassment in pronouncing his name at times or words with the letter 'r' in them.

Gwynoro Uncut Video 12 - influence of the chapel in his teenage years

Talks about the influence of the chapel in Peniel on his teenage years;
The chapels - Peniel, Tabernacl Cefneithin, Capel Seion Drefach and Bethlehem Porthyrhyd on the whole family;
Describes a mini-revival in Peniel around 1951/52;
The possible effect that had on his father;
Describes the singing in the Dynevor Arms which was a pub just a stone's throw from Manyrafon his home

Today's MPs would do well to remind themselves of Edmund Burke's, Speech to the Electors of Bristol

3 Nov. 1774

You choose a member indeed; but when you have chosen him, he is not member of Bristol, but he is a Member of Parliament .

If government were a matter of will upon any side, yours, without question, ought to be superior. But government and legislation are matters of reason and judgment, and not of inclination; and what sort of reason is that, in which the determination precedes the discussion;

Certainly, gentlemen, it ought to be the happiness and glory of a representative to live in the strictest union, the closest correspondence, and the most unreserved communication with his constituents. Their wishes ought to have great weight with him; their opinion, high respect; their business, unremitted attention.

But authoritative instructions; mandates issued, which the member is bound blindly and implicitly to obey, to vote, and to argue for, though contrary to the clearest conviction of his judgment and conscience,--these are things utterly unknown to the laws of this land, and which arise from a fundamental mistake of the whole order and tenor of our constitution.

Your representative owes you, not his industry only, but his judgment; and he betrays, instead of serving you, if he sacrifices it to your opinion.

Parliament is a deliberative assembly of one nation, with one interest, that of the whole; where, not local purposes, not local prejudices, ought to guide, but the general good, resulting from the general reason of the whole.

‘I am sorry I cannot conclude without saying a word on a topic touched upon by my worthy colleague. I wish that topic had been passed by at a time when I have so little leisure to discuss it. But since he has thought proper to throw it out, I owe you a clear explanation of my poor sentiments on that subject.

He tells you that "the topic of instructions has occasioned much altercation and uneasiness in this city;" and he expresses himself (if I understand him rightly) in favour of the coercive authority of such instructions.

Certainly, gentlemen, it ought to be the happiness and glory of a representative to live in the strictest union, the closest correspondence, and the most unreserved communication with his constituents. Their wishes ought to have great weight with him; their opinion, high respect; their business, unremitted attention. It is his duty to sacrifice his repose, his pleasures, his satisfactions, to theirs; and above all, ever, and in all cases, to prefer their interest to his own. 

But his unbiassed opinion, his mature judgment, his enlightened conscience, he ought not to sacrifice to you, to any man, or to any set of men living. These he does not derive from your pleasure; no, nor from the law and the constitution. They are a trust from Providence, for the abuse of which he is deeply answerable. Your representative owes you, not his industry only, but his judgment; and he betrays, instead of serving you, if he sacrifices it to your opinion.

My worthy colleague says, his will ought to be subservient to yours. If that be all, the thing is innocent. If government were a matter of will upon any side, yours, without question, ought to be superior. But government and legislation are matters of reason and judgment, and not of inclination; and what sort of reason is that, in which the determination precedes the discussion; in which one set of men deliberate, and another decide; and where those who form the conclusion are perhaps three hundred miles distant from those who hear the arguments?

To deliver an opinion, is the right of all men; that of constituents is a weighty and respectable opinion, which a representative ought always to rejoice to hear; and which he ought always most seriously to consider. But authoritative instructions; mandates issued, which the member is bound blindly and implicitly to obey, to vote, and to argue for, though contrary to the clearest conviction of his judgment and conscience,--these are things utterly unknown to the laws of this land, and which arise from a fundamental mistake of the whole order and tenor of our constitution.

Parliament is not a congress of ambassadors from different and hostile interests; which interests each must maintain, as an agent and advocate, against other agents and advocates; but parliament is a deliberative assembly of one nation, with one interest, that of the whole; where, not local purposes, not local prejudices, ought to guide, but the general good, resulting from the general reason of the whole.

You choose a member indeed; but when you have chosen him, he is not member of Bristol, but he is a member of parliament. If the local constituent should have an interest, or should form an hasty opinion, evidently opposite to the real good of the rest of the community, the member for that place ought to be as far, as any other, from any endeavour to give it effect.

I beg pardon for saying so much on this subject. I have been unwillingly drawn into it; but I shall ever use a respectful frankness of communication with you. Your faithful friend, your devoted servant, I shall be to the end of my life: a flatterer you do not wish for.’

Right Honourable Edmund Burke. 

(January 1729 – July 1797) was an Irish statesman born in Dublin, as well as an author, orator, political theorist, and philosopher who, after moving to London, served as Member of Parliament for many years with the Whig Party.

“Is it prudent? Is it possible, however we might desire it, to turn our backs upon Europe” ? – Winston Churchill

Let us not pretend that the people have spoken, because not all of them have. In fact, only 27% of people of the country voted to leave

I reproduce in full the speech delivered by David Lammy Labour MP for Tottenham during the Article 50 debate Jan 31^st 2017. Along with a vintage contribution by Kenneth Clarke, Lammy made one of the most thoughtful and telling contributions.

'Many hon. Members have long believed that the United Kingdom’s interests would be best served outside the European Union. They campaigned passionately for what they believed in, and their view is that we must now leave the European Union. The Prime Minister says that she wants to deliver a Brexit that works for all and that unites our divided country. I, too, want to bring the country back together.

Members right across the House will have experienced just how divided the country became in the months leading up to last June and how divided it has become since, but we cannot bring the country back together if we pretend that it has spoken with one united voice.

People who voted to leave did so for all sorts of reasons, many of which have absolutely nothing to do with the European Union, so when the Prime Minister speaks of the will of the people, her interpretation is frankly no clearer or more precise than anyone else’s.

Let us not pretend that the people have spoken, because not all of them have. In fact, only 27% of people of the country voted to leave. Some 13 million did not vote, another 7 million eligible voters were not registered and 1 million British ex-pats were not allowed to vote. Even though the futures of 16-year-olds were on the ballot paper, they were denied a say. Only two of the four nations that make up the United Kingdom voted to leave, and there was no quadruple lock. There was no two-thirds supermajority, which is common in all other countries making major constitutional change. Even so, we are told that the people have spoken.

Look at what we have been allowed to become. In a matter of months, our public discourse has been consumed by vitriol and abuse. Hate crimes rose by 40% in the aftermath of the referendum, and we do not yet know what forces will be unleashed on our departure.

Yet it is on these terms that we are being asked to rubber-stamp a blank cheque for the Government to deliver the most extreme version of Brexit imaginable. We are being asked to ignore the fact that leaving the European Union will saddle us with a £60 billion divorce bill. We are not going to get tariff-free access to EU customers while rejecting free movement; that is not on the table. We are not going to get a more favourable trading agreement with Europe from outside the single market; that is a paradox. We are not going to come to a full agreement with Europe within two years; believing otherwise completely flies in the face of precedent and all evidence.

Exiting without a deal and falling back on the World Trade Organisation rules is being talked about as though that is a good option. That is totally wrong—it would be an absolute disaster for this country. Even on the optimistic assumption that we can sign trade agreements all over the world, this does not even come close to making up for the loss of the single market. We are facing a return to a hard border in Northern Ireland and a breakdown of the Union with Scotland. We are not reclaiming sovereignty, another promise that falls apart under any scrutiny: we are transferring it to a negotiation behind closed doors.

Doctors are against it, scientists are against it, the financial services sector is against it, and manufacturers are against it because of their exports, but these people are dismissed—and why? - because these days we do not listen to experts.

Yes, we are leaving, but it is the EU nations that decide how we leave and what we end up with. Where will this end in 2019? We do not know. Outside the single market, for sure, and outside the customs union, with no trade deal with Europe or anywhere else, our only friend President Trump—a man who has demonstrated why we should worry greatly about a free trade agreement that will probably lead to Kaiser Permanente running the NHS.​

We should not fool ourselves. This is not, and never has been, a debate about the economy; it has always been about immigration. We are staring down the barrel of a hard Brexit because immigration has been prioritised over everything else: the economy, jobs, and living standards.

We were told during the campaign that we could cut immigration without hitting our economy. We were sold the lie that immigrants come here and take more than they contribute. Between 1995 and 2011, European immigrants made a net contribution of £4.4 billion to our public services. In the same period, our native population cost us £591 billion. Our economy cannot exist without people coming here to do the jobs that people in the country either do not want or do not have the skills to do.

It is almost half a century since a Member of this House, in a very different era, made these same warnings of

“wives unable to obtain hospital beds in childbirth…children unable to obtain school places”

and

“homes and neighbourhoods changed beyond recognition”.

How far we have fallen when a black British Member of Parliament, of African and Caribbean descent, has to stand here quoting Enoch Powell. It is the easy option to blame migrants who come here with skills instead of successive Governments, both Conservative and Labour, who have failed: failed to educate our own to compete, failed to build affordable housing, failed to fund our public services, and failed to ensure that growth is felt outside of London and the south-east.

A hard Brexit will not deal with any of the long-standing structural problems highlighted by the Brexit vote—it will make them worse. The real tragedy is that Whitehall and Parliament, so consumed with Brexit for the next decade, will have no capacity to deal with these hard-pressing issues.

There are Conservative Members who have been dreaming of a low-tax, low-wage, low-regulation offshore tax haven for decades, and now they have it in their grasp, they salivate at the thought of us becoming the new Singapore. I am not going to stand with them. If we let the Prime Minister pursue this reckless course—this Brexit at any cost—we know who will suffer. It will be the poorest, many of whom are in my constituency.

The referendum was not just about votes from the north; 52% of leave voters lived in the south of England, 59% were middle class and 58% voted Conservative in 2015. I remind my colleagues who are worried about this, and who are thinking of voting with the Government, of those things.

Let me finish by asking one simple question, which was once asked by one of our most celebrated parliamentarians:

“Is it prudent? Is it possible, however we might desire it, to turn our backs upon Europe”?

When Churchill spoke those words, he was talking about appeasement, and he was going very much against the prevailing wind. The same is true today. Patriotism requires more than just blind faith. We must remember our history, our values, what we represent and what we stand for. Most of all, we must remember what we stand against. For all those reasons, and for the sake of this country that I love, I will be voting against triggering article 50'.