Mark Drakeford sets out plan to strengthen ‘fragile Union’

The Reforming Our Union plan has been updated following the Senedd and Scottish Parliament elections in May and the trade agreement signed by the UK and the European Union.

Both Welsh Labour and the Scottish National Party strengthened their grip on power in Wales and Scotland, empowering both to believe their positions regarding the union have mandates from their respective electorates.

Launching the plan, Mark Drakeford said relationships within the UK need to be reset because “too often we see the UK Government act in an aggressively unilateralist way.”

For Drakeford, the UK will only thrive if the union of England, Scotland, Wales and Northern Ireland is based on a partnership of equals, with regular opportunities for the four governments to work together and manage disputes properly.

READ MORE: The Simon Hart interview: UK Gov to be more involved

Ahead of the announcement, he said: “Wales’ future is best served by having strong devolution – so decisions about Wales are made in Wales – and by being an equal partner in a strong and revitalised United Kingdom.

“For this to happen, the way the Union works must change, and the need for change is urgent – the Union has never been this fragile. If matters continue in their current vein the case for the break-up of the UK will only increase.

“Too often we see the UK Government act in an aggressively unilateral way, claiming to act on behalf of the whole UK, but without regard for the status of the nations and the democratic mandates of their government.

“We see muscular unionism, instead of working towards a genuinely constructive and collaborative relationship between the governments of the UK.

“It’s time for relationships to be reset. The principles and ways of working we have outlined would lead to the strong and durable Union – a Union which we believe would deliver the best outcomes for the people of Wales and the wider United Kingdom.”

Reforming Our Union was first published in October 2019, prior to the UK formally leaving the European Union.

It now proposes 20 ideas about how the UK can be made stronger and be made to work for the good of everyone living in the United Kingdom.

READ MORE: Brexit vote still divides Senedd, five years on

It includes reform of the House of Lords, giving the upper house the specific job of protecting the constitution and devolution, and creating a new, independent public body to oversee how funding arrangements are made in the UK, removing that power from the UK Government.

It also reaffirms the Welsh Government’s position on devolving justice and policing to Wales, which is already devolved to Scotland and Northern Ireland.

It has also announced it will set up an independent commission to consider the constitutional future of Wales. This will look at the reforms needed to empower and benefit Wales, increasing prosperity and improving quality of life and wellbeing.

The summary of the 20 ideas outlined in Reforming Our Union are as follows.

Principles

• The United Kingdom is a voluntary union of four nations – England, Scotland, Northern Ireland and Wales – which come together to share resources and risks.
• Devolution to Scotland, Wales and Northern Ireland is a permanent feature of the United Kingdom and cannot be undone, without the agreement of the people of Scotland, Wales and Northern Ireland.
• It is very difficult to explain – and justify – the differences between the devolution settlements of Scotland, Wales and Northern Ireland. Powers should be held at the most local level possible 

Law-making

• Each parliament in the UK – whether that’s the Senedd, the Scottish Parliament, Stormont in Northern Ireland or the House of Commons – should be able to decide its own size and how its members are elected.
• The UK Parliament should not normally make law in relation to matters, which are decided on in another part of the UK without express consent. These arrangements must be properly set out.
• A new, centralised source of funding should be found to pay for the running costs of the Senedd, the Scottish Parliament and Northern Ireland Assembly, similar to how the UK Parliament is funded.
• Scotland, Wales and Northern Ireland should continue to be represented in the House of Commons. But the House of Lords should be reformed to reflect the make-up of the United Kingdom and be given the job of protecting the constitution and devolution.

Relationships between governments

• The relationship between the four governments in the UK – the UK Government, the Scottish Government, the Welsh Government and the Northern Ireland Executive – should be based on a partnership of equals, mutual respect and be fair.
• Ministers in every part of the UK should carry out – and be held to account for – their responsibilities in their own country, without being challenged by Ministers from another government. The UK Government should not fund other governments’ responsibilities without their consent.
• There should be well-organised and regular opportunities for governments to work together on shared issues for the good of all people in the UK.
• Ministers in Scotland, Wales and Northern Ireland should have a say in the UK’s approach to international relations and trade because these decisions have an impact on decisions made in all parts of the UK.
• When UK-wide bodies are being created or reformed they must work for the whole UK – not just one part of it.
• A single civil service should continue to support the Welsh, Scottish and UK governments – and work closely with the Northern Ireland civil service – provided its values of independence and impartiality are guaranteed.

Finance

• Funding levels should be based on need – this will mean a fair level of funding is available across the UK for all. The UK Government should not be able to make funding available outside these arrangements without consent.
• Scotland, Wales and Northern Ireland should be funded by a combination of a needs-based grant from the UK Government and funding raised by devolved and local taxes and through borrowing.
• A new independent public body, which is accountable to all four UK governments, should oversee these funding arrangements, instead of the UK Government.
• Each government should determine its own tax and spending priorities and be held to account for these decisions.

Justice and the Courts

• Justice and policing should be devolved to Wales as it is already is to Scotland and Northern Ireland.
• The membership of the Supreme Court should reflect the make-up of the United Kingdom.

The constitution

• A Constitutional Convention should be set up, with membership from all parts of the UK, to properly consider changes to the way the UK is governed and the relationship between the four nations.

Mick Antoniw was appointed Counsel General and Minister for Constitution in Mark Drakeford’s new Government in May; signalling that the constitution was going to be high on the Welsh Government’s agenda over the next five years.

Ahead of the announcement, Mr Antoniw said: “Reforming Our Union sets out a positive case for change and we hope it will stimulate wider debate about the future of Wales and the future of the UK.

“Constitutional reform is a necessity. The framework within which decisions are made has a direct impact on the services we access and communities we live in. Getting this framework right is essential as we work to create a stronger, greener, fairer Wales.

“We want to hear from as many people as possible as we start a national conversation about our future in Wales and our future relationships with the rest of the UK.”

While the Welsh Government’s wants and needs will become clearer with this announcement, it is predicated on the willingness of the UK Government to entertain the recommendations and proposals.

READ MORE: What next for social care reform in Wales?

Over the weekend, Welsh Secretary Simon Hart told The National he expects the UK Government to be more active in Wales, while admitting he simply does not agree with the Welsh Government’s approach to devolution.

Speaking to The National again, Simon Hart said: “I have read with interest the programme for government, and all I can say is that in the general election and Senedd election, there was not a single person I spoke to who said they wanted to prioritise constitutional issues.

“We are in a delicate economic position, and jobs rely on what Welsh Government does next. The last thing any of us need is a massive distraction on constitutional matters. Things like more politicians and far reaching federalism leave voters stone cold, and I think to prioritise that is an opportunity missed.

“There is a danger of academics, politicians and policy wonks all facing inwards, while the rest of the nation sits there thinking what are we paying you for?”

The Conservative Party is holding a unified line both sides of Offa's Dyke. The union and constitution was used by the Welsh Conservatives during the Senedd election campaign.

Andrew RT Davies, their leader in the Senedd, said: “Just weeks after the Senedd election, people across Wales will be left scratching their heads at the fact this is now the priority for the latest Labour administration in Cardiff Bay.

“We’ve been through an incredibly difficult period and what people want to hear from governments and ministers of all stripes is how they’re going to protect jobs, secure new opportunities and deliver a clear plan for Wales’ economic recovery, not constitutional debate and demands for more powers and politicians in the Senedd.

“There might well be a time and place for such discussions, but this is not it.

"Welsh Conservatives make no apology for standing up for those families, workers and businesses who’ll be rightly angry that the newly-elected administration is focusing its energy on the intricacies of devolution rather than saving people’s livelihoods.

“The sole priority for Labour ministers should be Wales' economic future – not never-ending debates on devolution – and this is an unwelcome and unnecessary sideshow at such a delicate period in our recovery.”

Naturally, Plaid Cymru are occupying a different line. Advocating for a independnece referendum in their recent manifesto, the party had a poor election, but their position appears unchanged. 

The party's deputy leader, Rhun ap Iorwerth said: “Past experience shows us clearly that UK Government, be it red or blue, will never put Wales first.

"Labour have been talking about setting up a constitutional convention for almost a decade, with then First Minister Carwyn Jones promising this as long ago as 2012. But nothing happens. Labour’s thinking on the union, appears to be stuck in the past.

“The UK is more than fragile – it is failing utterly to deliver economic and social justice for the people of Wales.

"The only way of achieving this is by putting Wales’s future in Wales’s hands, free from Westminster’s chaos and incompetence.

"It’s why support for independence is at an all-time high, and growing. It’s time for Labour in Wales to stop defending the indefensible.”

The First Minister will make a statement to the Senedd later this afternoon, which will be available to watch live at Senedd.tv.

If you value The National's political journalism, help grow our team of reporters by becoming a subscriber.