‘Significant problems with the way Wales is currently governed’ within the Union, report finds

There are ‘significant problems with the way Wales is currently governed’ within the Union, according to a group of experts appointed by the Welsh Government.

Over the last 12 months The Independent Commission on the Constitutional Future of Wales has gathered evidence from over 2,000 Welsh citizens, expert groups and community-led organisations on how Wales is currently governed.

Co-chaired by Professor Laura McAllister and Dr Rowan Williams, the group of 11 commission members covers a spectrum of backgrounds, expertise and political views.

The group was brought together by the Welsh Government in October 2021 but works independently from it.

An interim report released this week argued that the ‘status quo’ is not a viable option for providing stability and prosperity for Wales.

The report goes on to conclude that there are 3 feasible and alternative constitutional routes for how Wales could be run that could improve the lives of the citizens of Wales. These are:

• Strengthen and secure the current devolution settlement.
• A federal approach with a new UK constitution which creates equality between England, Wales, Scotland and Northern Ireland.
• Independence, where Wales would become a sovereign country, eligible to apply for full membership of international organisations, such as the UN.

The commission believes that the current devolution process which began after the 1997 referendum has been a major step forward for Welsh democracy.

But its interim report identifies significant pressure on the current ‘settlement’, citing an ‘imbalance of power’ for Welsh people in the ability to influence things that affect them.

The report lays out 10 significant pressure points for devolution. The ‘vulnerability’ of the devolution settlement and the supremacy of the Westminster parliament in making decisions about the future of Welsh democracy are stated as critical issues. The persistent weakness of the Welsh economy is also listed as a fundamental issue which, relative to the UK, continues to underperform.

Co-chair of the commission, Rt. Revd. and Rt. Hon. Dr Rowan Williams said: “Despite investment, the Welsh economy still lags, which indicates there is a structural problem that needs to be addressed.

“It tells us that the Welsh economy isn’t doing well under the status quo.

“But what, if any, constitutional options would enable Wales to become more prosperous and improve the lives of people in Wales? This is something we have to continue to explore.”

The commission’s report also highlights that the United Kingdom is virtually unique in not having a written constitution.

It argues that an “unwritten constitution” takes for granted the “sovereignty” of Westminster, which adds significant constraints to people of Wales and their elected representatives to determine how they should be governed.

Professor Laura McAllister, co-chair of the commission, said: “The Union has been allowed to function without fixed checks and balances on power, and this has never been more evident than in the last three years with a UK government that has a large majority and has been less willing to share power with other institutions.

“Our exploratory work over the last year has given us a sharp reminder that the lack of written constitution does not guarantee stability for Wales nor good governance.

“More than ever, it is clear that the challenges with the way Wales is governed can only be addressed by acknowledging the inter-dependence with wider constitutional issues in the UK.

“We’re very realistic that two of three constitutional routes we’ve outlined in this report are only achievable with a written constitution.”

Evidence for the report was gathered through an online consultation – Dweud eich Dweud: Have your Say – which saw over 2000 responses on how people feel Wales is currently run.

The most popular constitutional preference was independence, favoured by 55% (1096) of the 2000+ respondents to the online consultation.

But the commission states that while this is significant, it has been acknowledged that this may be due to pro-independence groups encouraging their supporters to respond.

Rowan Williams continued: “We knew the online consultation was likely to generate responses from people who have already formed their opinion, and as such, we received strong views from either end of the political spectrum.

“In that context it’s not surprising that independence came through strongly.

“So as a commission, we can use this to form a picture of who hasn’t engaged with our work yet.”

The interim report has been described by the Welsh Conservatives, which have said that “any further devolution of powers would represent a distraction for the Labour Government.”

A party spokesperson said: “At this time, the Labour Government should not be wasting time and resources on a commission like this, especially when only last week they rejected again an independent inquiry into their handling of the Covid-19 pandemic.

“It is important to note that the Welsh Government are marking their homework, with every member of the commission appointed by the Welsh Government, unlike previous commissions such as Silk.

“As a result of Brexit, in excess of 70 new areas of responsibility have been devolved to the Senedd. The current devolution settlement gives the Labour Government ample powers to improve the state of the economy, education and the health service.

“Any further devolution of powers would represent a distraction for the Labour Government.

“Their focus should be on using the sufficient levers they possess now to improve their record with Wales having the worst waiting times in the UK, the lowest GCSE results and a 50/50 chance of an ambulance arriving in time.”

Adam Price and First Minister Mark Drakeford

However Plaid Cymru have said that the report is the first produced by government to “acknowledge that independence for Wales is both a credible and viable way forward for the constitutional future of Wales.”

Leader of Plaid Cymru, Adam Price, said: “The significance of this cannot be overstated.

“Not only does it reaffirm Plaid Cymru’s argument that the status quo simply isn’t working for Wales but makes clear that we are trapped within a UK economy that is overwhelmingly shaped in the interests of the South-East of England and the City of London and that this broken UK economic model does not deliver prosperity to Wales and offers no prospect of doing so.

“Present devolution arrangements are unsustainable and cannot last. Federalism is dead-end. Plaid Cymru believes that only independence can deliver the greener, and stronger economic future and fairness that the communities of Wales urgently need and deserve.

“We want to achieve independence as soon as we can. However, we acknowledge that independence will not happen overnight. As with our experience of winning the referenda to establish and strengthen our Senedd, we will build the road to independence with the political resources to hand, be they building-blocks, stepping-stones or bridges.”

“We thank the Commission for their work so far and look forward to engaging with them further over the coming months, as we continue to converse with the people of Wales on creating a better future for our communities.

“After all, creating an independent Wales is not the role of one party, but the work of an entire nation, all its people and perspectives.”