Lord David Owen, Gwynoro Jones, Lord Elystan Morgan and Glyndwr Cennydd
Jones share thoughts on
the UK Union and the need for a Constitutional Convention before Carwyn Jones,
Gordon Brown and Keiza Dugdale meet at the Wales Governance Centre, Cardiff on
Wednesday 29thMarch 2017 to talk about these issues.
The extent of disunity within today’s United Kingdom
is particularly highlighted by the differentiated politics across the four
nations, vigorous debates regarding the EU leaving negotiations, recent
calls for a second Scottish independence referendum and questions about the post-Brexit situation of the border between Northern Ireland and the Republic.
Glyndwr Cennydd Jones, opening, suggests: ‘For Wales to continue on the present course is to accept constitutional uncertainty and political vulnerability as illustrated by the recent debates on the Wales Bill 2017 in Cardiff and London, as well as the process for triggering Article 50 in the UK Supreme Court. Devomax may rank as an attractive solution to some, but even this does not address the ambiguity and complexity introduced by the general primacy of Westminster and the inherent challenges presented by the unitary state model—accompanied by the now disconcerting shadow of a potentially hard ‘Brexit’ imposed on all four nations.’
Lord Elystan Morgan elaborates:‘Despite the Devolution of the last two decades the United Kingdom today remains one of the most concentrated systems of parliamentary government in the democratic world.’
‘Today’s Wales Act is deeply flawed and a blue print for
failure particularly because of the fact that there are about two hundred
reservations—the very nature of which makes the matter a nonsense. Also, a good proportion of the reserved powers in the new Wales Act have resided
in Brussels, not Westminster, for many years. When these powers are repatriated
as part of the Brexit negotiations, to where should they be returned? A
joint body between Westminster and the devolved governments should be
established to explore exactly how one can bring about a settlement that is
fair, just and lasting.’
‘For
well over a century the debate as to whether a federal structure be created has
ebbed and flowed. All creative efforts however have floundered on the grim rock
of fundamental disproportion. The fact that England has the vastly dominant
share of the kingdom’s wealth and 82% of its population creates an imbalance
which makes any federal structure a daunting task. Indeed, only recently I
proposed an amendment to the Wales Bill obliging the Secretary of State for
Wales to establish a working party on the issue of the possibilities of
Dominion Status for Wales as a land and nation, and to report to Parliament
within 3 years. The Statute of Westminster 1931 did not create a rigid model of
Dominion Status but rather enunciated a principle of immense flexibility and
subtleness.’
Gwynoro Jones asserts that 'The Welsh Assembly has been
hamstrung from the beginning and has been devoid of the freedom to act with
effective powers. I do not blame Nicola Sturgeon for re-opening the
conversation on support for independence in Scotland, nor Gordon Brown for suggesting
a federal solution for Scotland in the UK. With the Brexit result I believe
that the future lies, at the very least, in a self-governing Wales within a federal
UK. We should use the repatriation of powers from the EU to establish a
new federal state of equals.’
‘However, I am becoming more convinced
that an argument can be made for going further. Surely the last thing the
people of Wales should settle for in years after Brexit, where maybe new
constitutional arrangements are in place for Scotland, is for Wales to be just
an annexe of England. Demographics and economic data should not any longer be
the defining considerations. There are several nations in Europe with populations
similar to Wales and many dozens more independent countries across the world.’
‘We face new challenges in the coming decade
where the old arguments and political stances as to the role and place of Wales
as a land and nation will need to be rethought.’
Lord David
Owen expands: ‘Those
of us who supported Brexit were doing so as part of a much wider agenda of
restoring our very democracy which had been distorted by the false claim of
post-modernism that the days of the nation-state were over. Far from being
over, national identity, whether it be Scottish, Welsh, Irish or English
deserves to be treasured as a binding force, not a divisive one. It all depends
on whether we can find the correct balance. A Federal UK Council, modelled on
the German Bundesrat, may achieve that balance.’
‘I suggest a Federal UK Council of 68 members that
should involve not only Scotland, Wales and Northern Ireland but also London
and the new city regions with devolved powers. Provision would also be made
separately for those who live in areas covered by county councils and unitary
authorities. No doubt some of these may wish to develop a regional identity
which could lead to separate representation.’
‘In light of the Brexit vote, Theresa May has convened talks involving the leaders of the
devolved administrations. The Prime Minister could call together this same
forum to start an initial dialogue on a Federal UK Council, involving defining
terms of reference, participants, and the timing for reporting back from a
convention. There are complex questions about what constitutes federal
legislation and the nature of the mediation procedures between a Federal UK
Council and the House of Commons, all much better agreed under a government-led
convention.’
Lord Elystan Morgan explains: ‘A second chamber or a
Senate can carry a federal structure amongst units of disparate strengths and
size given certain imaginative checks and balances. To this end I would personally
advocate a Senate of 70 members for the four nations of the United Kingdom. I
do not think that this is in anyway an impediment to the natural patriotism of
any one of the four countries of the UK.’
Glyndwr Cennydd Jones underlines the point: ‘There is a clear distinction between the
existentialist and utilitarian views of self-government. The former demands
more autonomy simply because of a belief that it is the natural right for
nations, and the latter considering it as a path to a better society—to achieve
the most effective political unit to secure the economic growth and social
justice that people deserve..’
'On balance, the progressively sustainable
model rests somewhere between a Federation
and a League or Union of the Isles.
In the crudest of terms, the former option has aspects of a safety net deployed
with shared mechanisms for core functions and policy portfolios to support the
realisation of economies of scale in delivery, and greater projection of joint
interests across constituent nations and the world. The latter option allows
for consensus building and negotiation between fully empowered member nations,
but with some risk of competitive considerations and disputes holding-up
relationships. We should not underestimate our shared concerns, as an island
community, in defence, social mobility and trade for which an incline towards
Federation would provide constitutional clarity, comfort and confidence.'
‘If we are indeed approaching a crossroads of sorts
in our island journey, a thorough discussion of the appropriate alternative
models of governance is required through a Constitutional Convention.’
Lord David Owen, Gwynoro Jones, Lord Elystan Morgan and Glyndwr Cennydd
Jones agree that in consideration of the fact that we are all
intrinsically linked culturally and historically in modern times through shared
industrial, political and international experiences, the UK constitutional
question prompts a range of responses depending on where one places an emphasis
on the economic to social measuring scale.
An alternative way of posing the problem might be
to ask how we could better set about empowering the people of these isles from
Lands End to Cardiff to John o’ Groats and Londonderry to Caernarfon to Newcastle
in improving standards of living and personal fulfilment through a political
system and ensuing policies which promote economic success regionally,
nationally and globally whilst maintaining internal and external security.
This Gang of Four
calls for a Constitutional Convention to discuss future arrangements for the UK,
particularly in the current context of repatriating powers from the EU to the
Isles.