Wales should have power over justice, policing and rail says independent panel after two-year study
Powers over the justice system, policing and the rail network should be transferred to Wales according to an Independent Commission that has spent two years looking at the way that we could be governed in the future.
But the Commission’s report stops short of recommending that broadcasting should be devolved in the short to medium term as some have been campaigning for and does not recommend a transfer of power over the benefits system.
It also refuses to say which of three constitutional models would be the best option, insisting that all three have risks and benefits.
The report says that independence, a federal United Kingdom and “enhanced devolution” are all “viable” ways that Wales could be governed.
The Independent Commission on the Constitutional Future of Wales was set up by the Welsh Government in October 2021.
It has been co-chaired by Professor Laura McAllister and the former Archbishop of Canterbury, Dr Rowan Williams, who have jointly led a team drawn from four different political parties and different areas of public life.
The chairs said they hope that the Commission’s report is “a serious contribution to the debate about the constitutional future of Wales.”
It’s been welcomed by First Minister Mark Drakeford but criticised by the Conservatives as “constitutional navel gazing” and “ a distraction from the issues which matter to the people of Wales.”
Two senior UK Government figures have also criticised it. Michael Gove, who looks after relations between the different governments said that “Now is not the time to talk about constitutional changes” while the Welsh Secretary said that “Wales needs more nurses and teachers, not more politicians and powers.”
In contrast, Plaid Cymru’s leader said: “It is crystal clear that the status quo and the limited devolution we have is not sustainable.”
Justice and policing
Currently policing, courts and all other aspects of the justice system are operated on an England and Wales basis.
But the report states: “The UK Government should agree to the legislative and executive devolution of responsibility for justice and policing to the Senedd and Welsh Government on a timescale for achieving the devolution of all parts of the justice system to be agreed by the two governments, starting with policing, probation and youth justice, with necessary funding secured, and provision for shared governance where needed for effective operations.”
Railways
The Welsh Government has some responsibility for some aspects of rail here in Wales, namely what is known as “the core valley lines” and the Wales and border rail franchise, run by Transport for Wales which is an arms-length company wholly owned by the Welsh Government.
Everything else including virtually all the railway lines in Wales remain in the control of the UK Government.
The report recommends that “The UK Government should agree to the full devolution of responsibility for rail services and infrastructure to Wales, with fair funding and shared governance on cross border services.”
Broadcasting
There have been repeated calls by Plaid Cymru for power over broadcasting to be devolved to the Welsh Government.
The report does not recommend that but only says that “The Welsh and Uk Governments should agree mechanisms for a stronger voice for Wales on broadcasting policy, scrutiny and accountability, and robust works should continue on potential routes to devolution.”
Welfare
Similarly, Plaid Cymru politicians and a recent report by the left-leaning Bevan Foundation think tank have called for the devolution of the benefits system.
The Commission decided not to recommend devolving welfare without “a substantial increase in tax and borrowing powers to enable the Welsh Government to take on the related risks and liabilities”
Energy
While the report said power over the Crown Estate which covers most of the coastline of Wales “should become the responsibility of the devolved government of Wales, as it is in Scotland” it also recommended pushing for that to happen should be the task of an “expert group.”
Such an expert group, the Commission said, would “advise urgently on how the devolution settlement and inter-governmental engagement in relation to energy could be reformed to prepare for rapid technical innovation in energy generation and distribution, to ensure that Wales can maximise its contribution to net zero and to the local generation of renewable energy.”
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Relationship between UK and Welsh Governments
The report urges the UK Parliament to introduce new law governing the way the different governments of the UK work together that “secures a duty of co-operation and parity of esteem."
It calls for a return to what’s know as the “Sewell convention” - which was in place for the first two decades of devolution and established that the UK Government should not introduce legislation in areas that are devolved without the explicit say-so of the relevant devolved parliament. The report says the convention should be made into law.
Political response
The First Minister has welcomed the report but will follow it up with a formal response from the Welsh Government in the coming weeks.
Mark Drakeford said: “I welcome this report which is the culmination of two years’ work. I want to thank the Commission and everyone from across Wales who contributed to the process.
“The final report is an important moment in the debate on the constitutional journey of Wales. It is a serious piece of work that deserves careful consideration and the Welsh Government will be reviewing it in detail.”
The UK Government has been less welcoming. The UK Government Minister for Intergovernmental Relations, Michael Gove said: “This report by the Independent Commission on the Constitutional Future of Wales was commissioned by the Welsh Government, and it is for Ministers in Wales to respond directly to it.
“I am grateful to the Commissioners for the opportunity to meet with them last year where I reiterated the UK Government’s strong commitment to Wales and the Union.
“People and businesses in Wales want to see all tiers of government working effectively together to tackle the issues that matter to them: addressing the cost of living, growing the economy and delivering effective public services. Now is not the time to talk about constitutional changes, but working together effectively as one United Kingdom on the issues that matter most to communities across the country.
“Delivering on what matters to people and communities is exactly what the UK Government is focused on doing, whether through City and Growth Deals, delivering Freeports and Investment Zones in partnership with Welsh Government and working to develop a sustainable future for the steel sector in Wales.”
His fellow cabinet member, the Secretary of State for Wales David TC Davies said: “The Labour Welsh Government’s commissioned report was only ever going to reach one conclusion.
“It’s a national scandal that, whilst Wales suffers the worst PISA and waiting lists in Britain, the Labour Welsh Government is wasting time and taxpayers’ money in wanting more powers and Senedd Members.
“Their focus should be firmly on helping the 27,000 people who have been languishing on an NHS waiting list for over two years and improving children’s education.
“Wales needs more nurses and teachers, not more politicians and powers.”
For the Welsh Conservatives, Shadow Constitution Minister Darren Millar said: “This constitutional navel gazing is a distraction from the issues which matter to the people of Wales.
“While there are some interesting aspects of this report which will require further consideration, the work of the Commission will not make ambulances arrive any faster, properly staff our schools or support Welsh businesses.
“Instead of the constant power grab by Welsh Labour Ministers, the Welsh Government should have a laser-like focus on getting to grips with unacceptable waiting lists, improving educational outcomes and better pay for hardworking people in Wales.”
“The money spent on this report would have been better spent on hard-pressed public services in Wales.”
However Plaid Cymru leader Rhun ap Iorwerth said: “This is a very significant piece of work and sets the tone for the discussion to come on the constitutional future of Wales and I’m excited about the possibilities that are explored in this groundbreaking report.
“It is crystal clear that the status quo and the limited devolution we have is not sustainable. Steps need to be taken immediately to build on the current settlement and as a party we will be urging the implementation of the series of recommendations on strengthening Welsh democracy settlement with immediate effect.
“As somebody who has always believed in our ability to take all the levers of change into our hands, to have a report of this stature spelling out unambiguously that independence is a genuine option for us as a means to realise our potential is a very significant step forward in terms of the constitutional debate in Wales.
“Whilst we in Plaid Cymru will always embrace the ability to take on more powers, this report paints a clear picture that neither an enhanced devolution - and certainly not federalism, will provide the long-term answers we really need. Whilst seeking that path to independence inherently comes with challenges, we balance that against what the report tells us about the rewards.”
The leader of the Welsh Liberal Democrats agreed. Jane Dodds said: “The Commission is right in its findings that the status quo isn’t only unsustainable, but also fails to serve Wales’s best interests.
“The debate so far has lacked nuance and focused on two extremes, maintain the status quo, or all-out independence. We’re pleased to see the commission genuinely exploring other, more pragmatic ways in which we can reform Wales’s relationship with the UK that are more in line with the view of the public.
“The real test for the Commission now will be the extent to which it carves out a realistic approach to reform, and to what extent it has set out a plan to shift power within Wales from Cardiff Bay, giving power to communities across Wales to shape their own destiny and future.
“Neither the Conservatives or Labour have offered any real plans to strengthen Wales' place in the Union, with a lack of urgency from the UK Labour party and an evident disdain towards devolution amongst the Tories.
"As Liberal Democrats, we believe in a voluntary nation of equals where power is shared equally by every part of the UK and where we come together to improve our standing on the world stage.”
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