Welsh devolution

Rhuddlan Castle, where the 1284 Statute of Rhuddlan was promulgated

Edward I of England invaded Wales in 1276-77 following disputes with Welsh sovereign Llywelyn ap Gruffudd (Llywelyn the Last).[10] Following the killing of Llywelyn the Last in Cilmeri in 1282,[11] Edward sought to end Welsh independence and introduced the royal ordinance of the Statute of Rhuddlan in 1284. The statute was a constitutional change causing Wales to lose its de facto independence and formed the Principality of Wales within the "Realm of England".[12][10][2] The name refers to Rhuddlan Castle in Denbighshire, where it was first promulgated on 19 March 1284.[13] The statute confirmed the annexation of Wales and introduced English common law to Wales for criminal cases, while civil cases were still dealt with under the Welsh laws of Hywel Dda.[14][10]

In 1470 Edward IV formed the Council of Wales and the Marches. Following the defeat of Richard III in battle, the Welsh King of England Henry VII continued the use of Council and it was mostly used for judicial purposes.[15]

Henry VIII of England introduced the Laws in Wales Acts 1535-1542 via the English parliament, legally integrating Wales and England. This abolished the Welsh legal system brought about by Hywel Dda, and banned the use of the Welsh language in any official role or status. The laws also defined the England-Wales border for the first time, and members representing constituencies in Wales could be elected to the English Parliament.[16] The Marcher Lordships and Principality of Wales were united, essentially ending both.[17][18][19]

In 1660, the council of Wales and the Marches was reconstituted but did not carry the same importance as under Henry VII for example. It was abolished in 1689 following the deposition of James II by the Dutch William III of Orange.[15][20]

Around a century later and according to Blackstone's commentaries, the Wales and Berwick Act 1746 was passed, declaring that "where England only is mentioned in any act of parliament, the same notwithstanding hath and shall be deemed to comprehend the dominion of Wales and town of Berwick upon Tweed", meaning England would henceforth be used as a term to describe England, Wales and the town of Berwick.[21]

The Sunday Closing (Wales) Act 1881 was the first legislation to acknowledge that Wales had a separate politico-legal character from the rest of the English state.[22] David Lloyd George, MP for Caernarfon at the time (and future prime minister), was devoted to Welsh devolution early in his career, starting with the Church in Wales. He said in 1890; "I am deeply impressed with the fact that Wales has wants and inspirations of her own which have too long been ignored, but which must no longer be neglected. First and foremost amongst these stands the cause of Religious Liberty and Equality in Wales. If returned to Parliament by you, it shall be my earnest endeavour to labour for the triumph of this great cause. I believe in a liberal extension of the principle of Decentralization."[23] In 1895, in a failed Church in Wales Bill, Lloyd George added an amendment in a discreet attempt at forming a sort of Welsh home rule, a national council for appointment of the Welsh Church commissioners.[24][25][26] Finally the Welsh Church Act 1914 was passed giving the Church in Wales the freedom to govern its own affairs. After being suspended for the duration of the First World War, the Act came into effect from 1920.[27]

In 1886 Joseph Chamberlain proposed "Home Rule All Round" in the United Kingdom. In the same year, the Cymru Fydd (Wales To Be/Wales Will Be) movement was founded to further the cause.[22] Lloyd George was one of the main leaders of Cymru Fydd which was an organisation created with the aim of establishing a Welsh Government[28] and a "stronger Welsh identity".[29] As such Lloyd George was seen as a radical figure in British politics and was associated with the reawakening of Welsh nationalism and identity, saying in 1880, "Is it not high time that Wales should the powers to manage its own affairs".[30][31] Historian Emyr Price has referred to him as "the first architect of Welsh devolution and its most famous advocate’" as well as "the pioneering advocate of a powerful parliament for the Welsh people".[32] Lloyd George was also particularly active in attempting to set up a separate Welsh National Party which was based on Parnell's Irish Parliamentary Party and also worked to unite the North and South Wales Liberal Federations with Cymru Fydd to form a Welsh National Liberal Federation.[33] The Cymru Fydd movement collapsed in 1896 amid personal rivalries and rifts between Liberal representatives such as David Alfred Thomas.[22][34]

The late 19th and early 20th century saw the formation of a number of national institutions that included the following:

1861 - National Eisteddfod of Wales[35]

1876 - Football Association of Wales[36]

1881 - Welsh Rugby Union[37]

1893 - University of Wales[38]

1911 - National Library of Wales[39]

1915 - Welsh Guards[40]

1919 - Welsh Department of the Ministry of Agriculture & Fisheries

1919 - Welsh Board of Health[41]

1920 - The Church in Wales was disestablished and separated from the Church of England through the Welsh Church Act 1914[42]

1925 - Plaid Cymru[43]

The early part of the century also saw the expansion of the federal University of Wales and the establishment of the National Library and National Museums. By 1945 there were 15 Government departments established in Wales.

In 1896 the Central Welsh Board was formed, responsible for the inspection of grammar schools in Wales. The Welsh Intermediate Education Act 1889 was brought about to "make further provision for the intermediate and technical education of the inhabitants of Wales and the county of Monmouth." and was responsible for inspection of secondary schools.[44][45] In 1907, the Welsh department of the Board of Education was formed and in the same year, a Welsh Inspectorate was established for inspection of primary and secondary schools in Wales.[46]

In 1944, during the Winston Churchill war ministry government, The Central Advisory Council for Education (Wales) was formed and were responsible for advising the Minister of Education of the UK government on education in Wales following the Education Act 1944.[45]

Those in favour of a Welsh parliament paraded in Machynlleth (the place of Owain Glyndŵr's last Senedd) on 1 October 1949. Speakers and entertainment were also at the event. [47]

From 1950-1956, Parliament for Wales campaign brought devolution back onto the political agenda. A cross-party campaign was led by Lady Megan Lloyd George, daughter of former Prime minister and campaigner for Welsh devolution, David Lloyd George who had passed away in 1945.[46][48] The Campaign for a Welsh parliament (Ymgyrch Senedd i Gymru) was formally launched on 1 July 1950, at a rally in Llandrindod. This event lead to the creation of a petition of 240,652 names calling for the establishment of a Welsh parliament, which was presented to the House of Commons by Megan Lloyd George in 1956.[47] This was rejected by the UK government. Petitions were also presented to the House of Commons for a Secretary of State for Wales which were also rejected. Following the pressure for a Welsh parliament, the UK government instead formed the Council for Wales and Monmouthshire in 1948 as an advisory body to the UK government composed of UK government appointed members, but no elected members.[46][48]

1948 - The WJEC is formed, which is a consortium of Local Education Authorities in Wales. The WJEC replaces the Central Welsh Board (formed in 1896) and is still the largest awarding body in Wales today.[49]

1956 - Welsh department office formed in Cardiff.

1970 - Primary & secondary education in Wales governance is moved from the Department of Education and Science in Westminster to the Welsh Office. However, training, qualifications, supply, and teacher remuneration and superannuation control are maintained by The Department of Education and Science's Welsh Education Office in Westminster.

1978 - The Welsh Office is given control of training, qualifications, supply, and teacher remuneration and superannuation.[45]

In the first half of the 20th century, a number of politicians had supported the creation of the post of Secretary of State for Wales as a step towards home rule for Wales. A post of Minister of Welsh Affairs was created in 1951 under the home secretary and was promoted to minister of state level in 1954.[7] In 1964, the UK Labour government formed a new office of the Secretary of State for Wales and in 1965 the Welsh Office was created which was run by the Secretary of State for Wales and which was responsible for implementing UK government policies in Wales.[7]

The first official flag of Wales was created in 1953 for the coronation of Queen Elizabeth II. This "augmented" flag including the Royal badge of Wales was criticised in 1958 by the "Gorsedd y Beirdd", a national Welsh group comprising Welsh literary figures and Welsh people of note. In 1959, likely in response to criticism, the Welsh flag was changed to a red Welsh dragon on a green and white background that remains the current flag of Wales today.[50]

On 21 December 1955, the Lord Mayor of Cardiff announced to a crowd that Cardiff was now the official capital of Wales following a parliamentary vote the previous day by Welsh local authority members. Cardiff won the vote with 136 votes compared to second-placed Caernarfon with 11. A campaign for Cardiff to become the capital city had been ongoing for 30 years prior to the vote. Historian James Cowan outlined some reasons why Cardiff was chosen which included; being the largest city in Wales with a population of 243,632, buildings in Cathays park such as City Hall and the National Museum of Wales among other reasons. Dr Martin Johnes, lecturer at Swansea University claims that Cardiff had become "a capital in a meaningful way, as the home of the Welsh government, whereas before, its capital status was irrelevant, it was just symbolic" prior to the formation of the devolved assembly of 1999.[51]

Gwynfor Evans in 1951.

The leader of Plaid Cymru, Gwynfor Evans won the party's first-ever seat in Westminster in Carmarthen in 1966, which "helped change the course of a nation". This, paired with the SNP's Winnie Ewing's winning a seat in Hamilton, Scotland in 1967 may have contributed to pressure on Labour prime minister Harold Wilson to form the Kilbrandon Commission.[52][53] This event may have also contributed to the passing of the Welsh Language Act 1967.[53] This act repealed a provision in the Wales and Berwick Act 1746 that the term "England" should include Wales, thus defining Wales to be a separate entity from England within the UK.[54][55] The legislation permitted the official use of Welsh including in law courts. The act was in part based upon the Hughes Parry Report from 1965. While the Welsh Courts Act in 1942 had previously allowed limited use of Welsh if defendants or plaintiffs had limited knowledge of English, the 1967 act was far more robust. While the act itself was quite limited, it had large symbolic importance.[55]

The UK Labour government introduced separate devolution bills for Wales, Scotland and Northern Ireland in 1977 following the support for a Scottish parliament by the Kilbrandon Commission. A referendum was held on the creation of a Welsh parliament which was rejected by Welsh voters with 79.7% against and 20.3% who voted Yes. Meanwhile, Scotland had narrowly voted in favour of a Scottish parliament with 51.6% in favour.[56]

The Welsh Language Act 1993 provided a new law for public organisations in Wales to have bilingual schemes, which would be supervised by the Welsh Language Board. Some private sector companies including British Telecoms (BT) and British Gas had already included Welsh language schemes in company policies before this Act.[57]

In the 1980s, economic restructuring and Thatcherite market reforms are described as having brought social dislocation to parts of Wales, which was formerly described as having "the largest public sector west of the Iron Curtain".[58] A succession of non-Welsh Conservative Secretaries of State after 1987 was portrayed by opponents as 'colonial' and indicative of a 'democratic deficit'.[58] In the early 1990s, Labour became committed to devolution to both Scotland and Wales, and in 1997 it was elected with a mandate to hold referendums on a Scottish Parliament and a Welsh Assembly.[58] The proposed assembly won a narrow majority in the 1997 referendum. The political climate was very different from that of 1979, with a new generation of Welsh MPs in Westminster and a broad consensus on the previously divisive issue of the Welsh language.[58] In 1997, a second referendum, following the 1979 referendum, on devolution, saw the Welsh electorate vote narrowly in favour of establishing a National Assembly for Wales by 50.3 per cent, on a 50.2 per cent turnout.[59]

The Government of Wales Act 1998 granted the formation of the National Assembly and granted it a significant number of new powers which included most of the powers previously held by the Secretary of State for Wales and at least 20 national institutions including the Education and Learning Wales, Environment Agency Wales and the Welsh Language Board.[60][61] The National Assembly for Wales (Cynulliad Cenedlaethol Cymru) was formed in 1999 and the UK Parliament reserved the right to set limits on its powers.[59]

The Commission on the Powers and Electoral Arrangements of the National Assembly for Wales (the Richard Commission) was formed in 2002. This commission made a series of recommendations in 2004. These included an increased number of members, legally separating executive and legislative acts and the devolution of primary law-making powers. A large majority of these findings were used by the UK government to introduce the Government of Wales Act 2006, describing the powers and responsibilities of the devolved authorities for legislating, decision-making and policy-making.[46] The UK Government also formed the Commission on Devolution in Wales (the Silk Commission). The commission published part 1 of its report in 2012, recommending new financial powers for Wales including borrowing and taxation, which came into force in the Wales Act 2014.[46]

In 2011, the International Standards Organisation officially changed the status of Wales from a principality to a country following lobbying from Plaid Cymru AM Leanne Wood, although legally Wales had ceased to be a principality since the period that the Statue of Rhuddlan was implemeted from 1284-1542.[62] The governments of the United Kingdom and of Wales almost invariably define Wales as a country.[63][64] The Welsh Government says: "Wales is not a Principality. Although we are joined with England by land, and we are part of Great Britain, Wales is a country in its own right."[65][66]

In 2011 a referendum was held on whether full primary law-making powers should be given to the National Assembly in the twenty subject areas where it held jurisdiction. The referendum concluded with 63.5% of voters supporting the transfer of full primary law-making powers to the Assembly.[67]

The Welsh Language (Wales) Measure 2011 modernised the 1993 Welsh Language Act and gave Welsh an official status in Wales for the first time, a major landmark for the language. Welsh is the only official de jure language of any country in the UK. The Measure was also responsible for creating the post of Welsh Language Commissioner, replacing the Welsh Language Board.[68] Following the referendum in 2011, the Official Languages Act became the first Welsh law to be created in 600 years, according to the First Minister at the time, Carwyn Jones. This law was passed by Welsh AMs only and made Welsh an official language of the National Assembly.[69]

On 30 September 2014, the Llywydd of the Senedd officially moved Senedd websites and other sites to new ".cymru" and ".wales" domains. Wales Online, Daily Post, the Welsh Rugby Union, the Millennium Stadium, Golwg360, Bloc, Gwalia, Atlantic PLC, Orchard and Portmeirion were among others who also switched over to the domains.[70] These became available to all on St David's Day 2015.[71]

The Wales Act 2017 defined the National Assembly and devolved institutions to be a permanent component of the UK constitution, and any abolition of such institutions would require a referendum. The act also changed the model of operation of the devolved institutions from a "conferred powers model" to a "reserved powers model". The Assembly was also given the power to decide its own name and voting system of members.[46]

The Tax Collection and Management (Wales) Act 2016 was passed by the National Assembly to facilitate the financial powers of the Wales Act 2014.[46]

The Land Transaction Tax (replacing Stamp Duty) and the Landfill Disposal Tax were the very first two devolved taxes. In 2019, over £2 billion of income tax was devolved to the Senedd.[46]

The Law Council of Wales was established following recommendations by the independent Commission of Justice in Wales in 2019 which set out the vision of the legal system in Wales. The commission was chaired by Lord Thomas of Cwmgiedd, former Lord Chief Justice of England and Wales.[72] The Law Council of Wales was established for the purpose of promoting legal education, training and awareness in Welsh law. The council also supports economic development and sustainability of law in Wales.[72]

In May 2020, the Senedd and Elections (Wales) Act 2020, the National Assembly for Wales was renamed "Senedd Cymru" or "the Welsh Parliament", commonly known as the "Senedd" in both English and Welsh, to reflect increased legislative powers.[73] The Act for the first time in Wales allowed 16 and 17-year-olds the right to vote, beginning with the 2021 Senedd election.[74]

The Independent Commission on the Constitutional Future of Wales is an ongoing comission that will make recommendations about Wales’ constitutional future and the powers of the Senedd. Having their first meeting on the 25th of November 2021, Professor Laura McAllister and Dr Rowan Williams are co-chairing the commission. Professor McAllister has stated that all options are on the table, including independence.[77] This independent commission was established in 2022 by the Welsh Government and has two broad objectives which include consideration and development of options for reform of constitutional structures of the UK, and progressive principal options to strengthen Welsh democracy and deliver improvements for Wales.[78]

Historically, David Lloyd George felt that disestablishment, land reform and other forms of Welsh devolution could only be achieved if Wales formed its own government within a federal imperial system.[79] Currently, UK Labour Party support increased devolution, with their leader, Keir Starmer promising to achieve UK reform "quickly" if Labour are elected as UK government.[80] The Welsh Labour Party supports "far-reaching federalism" with powers equal Scotland and Northern Ireland.[81][82]

The powers suggested in their proposals include (amongst other suggestions):

• The UK becomes a voluntary union of 4 nations
• Devolution is permament and cannot be undone without agreement from electorate
• Equalised devolution across nations to match e.g Scotland
• House of Lords reformed to reflect the make-up of the United Kingdom & protects the constitution and devolution
• Each government determines and is held accountable for tax and spending priorities
• Justice and policing devolved to Wales (as it is in Scotland and Northern Ireland)[83]

A proposal has also been made for a UK confederation, where each constituent country of the UK is sovereign and agrees to a treaty and central senate/council which decides on a small number of central polies such as internal trade, currency, defence and foreign relations.[84]

Rail infrastructure funding is the responsibility of the UK Government but there are calls from the Welsh Government and cross-party agreement in the Senedd for the devolution of rail infrastructure to Wales, according to Ken Skates AM, Minister for Economy and Transport in a proposal for devolution document.[85] The Wales Governance Centre at Cardiff University has concluded that Wales could have had an additional £514 million for investment from 2011–12 and 2019-20 if rail infrastructure was devolved during this period.[86]

The Comission on Justice in Wales produced a report in 2019 assessing the justice system in Wales for the first time in over 200 years. The report was a damning criticism of the UK government's funding of justice in Wales, noting that the cuts to the justice budget by the UK governmentt was "amongst the most severe of all departmental budget cuts". The report notes how the Welsh Governmet has used its own money to attempt to "mitigate the damaging effects of these policies". 40% of justice funding is contributed in Wales in addition to Welsh taxpayers money paid to Westminster which is redistributed back to Wales.The report determined that "justice should be determined and delivered in Wales".[87]

In summary, the report made the following recommendations:

• Justice responsibilities should be held by a single Welsh MS and department
• A Welsh Criminal Justice Board should be formed
• Criminal justice data should be Wales specific and more detailed
• An increased utilisation of prison alternatives, particularly for women[88]

There have also been calls for justice be devolved to the Senedd, both by the Welsh Government and in the Welsh media.[89][90] Justice is already devolved to Scotland and Northern Ireland.

Plaid Cymru support devolving policing to Wales, suggesting that the Welsh police forces would receive an additional £25million a year, equating to an additional 900 police officers.[91] The Thomas commission and national media in Wales have also called for polcing to be devolved.[92] Policing is already devolved in Scotland and Northern Ireland.

The Welsh government have also called for a vacant land tax to "incentivise developers to progress stalled developments to help provide high quality, safe and affordable housing."[93] Sioned Williams, Plaid Cymru MS has called for devolution of welfare powers to the Senedd in response to cuts to Universal Credit made by the UK government. Williams also suggested that full taxation powers should be devolved to the Senedd because "any reforms to tackle poverty that we undertake in Wales will always be limited" without full taxation powers.[94] On the other hand, first minister Mark Drakeford claims that Universal Credit is "better discharged" at a UK wide level and "part of the glue that holds the United Kingdom together" even after suggesting that the cuts to the welfare system by the UK government were "cruel and deliberate".[95][96] A study by the Wales Governance Centre at Cardiff University concluded that devolvement of welfare benefits to Wales could increase the Welsh budget by £200 million per annum. The cross-party equality committee of the Senedd also concluded in 2019 that devolution of said powers may create a more "compassionate" system.[96]

A cross-party Senedd inquiry via a report by The Culture, Welsh Language and Communications Committee concludes that the Senedd should have increased control over how broadcasting is both regulated and funded. The chair of this committee, MS Bethan Sayed concluded that Wales does not have "the media it needs to function as a successful nation". This report included the following recommendations:

• Increased broadcasting powers for the Senedd and the Welsh government. The Welsh government, UK government and Ofcom should state how media can be improved.
• An impartial fund formed by the Welsh government for news.
• Establishment of an independent funding commission including a Welsh representative (with consent from other UK nations).
• All Welsh language broadcasting devolved to the Senedd.
• Welsh government control of Channel 3 licence (ITV) in Wales and increased Welsh content.
• Improved BBC feedback forum for improvement of BBC policies.[97]

The first minister, Mark Drakeford suggested that devolving the Crown Estates in Wales to the Welsh government could enable the government to harness the renewable energy potential in Wales saying, “Geography is on our side. If you're on the west side of the UK, you have the prevailing winds. We are surrounded on three sides by water.” Liz Saville Roberts MP, leader of Plaid Cymru in Westminster, suggested that devolving these estates could “bring half a billion pounds worth of offshore wind and tidal stream potential under Welsh control."[98] On 21 June 2021, Roberts presented the "Crown Estate (Devolution to Wales) Bill" to the UK Parliament saying this would “devolve management of the Crown Estate and its assets in Wales to the Welsh Government”.[99] Boris Johnson said that this would "fragment the market, complicate existing processes and make it more difficult for Wales and the rest of the UK to move forward to net-zero”.[98] A petition to transfer powers over the £500m Crown Estate to the Senedd gathered over 10,000 signatures by February 2022. The "Climate Change, Environment and Infrastructure Committee" of the Senedd published a report on 22 February 2022 recommending the devolution of the Crown Estate and using its income to combat climate change.[100]

There are proposals for the powers concerning bank holidays to be devolved to Wales. St David's Day (1 March) is Wales' patron saint day and, like England's St George's Day, is not currently a bank holiday. Powers over bank holidays are devolved in Scotland, with their patron saint day, St Andrew's Day, being a bank holiday, with Northern Ireland also having a bank holiday for St Patrick's Day.[101] In 2022, over 10,000 people signed an online e-petition to the UK Parliament for St David's Day to be a bank holiday.[102][103][104]

In 2022, Adam Price, leader of Plaid Cymru, suggested that the power to tax and regulate energy firms should be devolved to Wales in the wake of the energy price crisis in the UK and a 54% rise in energy price cap. Mark Drakeford, although agreeing with the sentiment that the price cap should be lowered, believed that it was a matter of getting a UK government to "do the right thing".[105]

Plaid Cymru have called for devolution of the equality act in their manifesto in order to the Senedd to ensure better provisions for equality and representation.[106]

• Plaid Cymru
• Green Party of England and Wales
  • Wales Green Party
• Gwlad
• Propel

• Labour Party
  • Welsh Labour
• Liberal Democrats
  • Welsh Liberal Democrats

• Conservative Party
  • Welsh Conservatives

• UK Independence Party
• Abolish the Welsh Assembly Party

"Brexit should not be used as an excuse to undermine the Senedd VS The UK Government is right to remove powers from the Senedd if it is necessary to maximise Brexit benefits"

Using Welsh Election Study (WES) data in a report "British Politics after Brexit".

"If there was a referendum tomorrow on abolishing the Senedd (Welsh Parliament) and this was the question, how would you vote? Should Wales abolish the Senedd (Welsh Parliament)?"[113]

"If there was a referendum tomorrow on the transferring of more powers to the Senedd (Welsh Parliament), including control of tax and welfare, but excluding defence and foreign affairs, how would you vote? Should more powers be transferred to the Senedd (Welsh Parliament)?"[114]