Monday, July 21, 2025
Are Labour bringing devolution process to a halt?
They say that Antoniw, who will stand down as Labour MS for Pontypridd at next year’s Senedd election, has written an article for the Institute of Welsh Affairs’ Agenda journal in which he analyses constitutional developments in Wales:
His intervention comes less than a week after Chancellor Rachel Reeves confirmed that the Welsh Government would again be bypassed in the administration of post-Brexit regional aid funding for Wales. Instead it will be handled by the UK Government’s Ministry of Housing, Communities and Local Government, in conjunction with the Wales Office, headed by Secretary of State for Wales Jo Stevens.
In his article, Mr Antoniw states: “Since the general election, progress on further Welsh devolution has been non-existent. At the moment it is difficult to see that anything of consequence has changed. If anything, it has deteriorated. A lot of talk and superficial good will but little substance and lethargic commitment to reform.
“Gordon Brown recommended that there was no reason why Wales should not have the same powers as Scotland. It has been a great political irony that the asymmetrical devolution model has found so much favour with some MPs. The defence of the England and Wales justice system, an outdated, post-Victorian model that is failing in just about every respect due to lack of funding and outdated concepts of the operation and administration of justice is bizarre and almost reflects a colonial mentality.
“The Welsh Government published a detailed set of proposals for justice reform, highlighting how it was not only needed but essential to building a 21st century justice system. A move towards dispute resolution, drug and alcohol courts, family reform, youth justice and probation devolution all had at their core the recognition that justice is about resolving disputes and resolving many of the issues which are rooted in social and economic inequality and poverty. The last UK Government largely ignored the report.
“To date, I have still seen no comprehensive response or analysis. The lack of response sadly reflects a retrospective and introverted constitutional conservatism that permeates across Westminster politics.
Antoniw sets out eleven demands, which he believes the UK Government should implement:
“This is what I believe is essential if we are to get back onto a stable, workable and efficient democratic parliamentary structure:
1 Abolish the House of Lords and replace it with an elected Council of the Nations and Regions. Its function would be to be a Constitutional chamber, and a scrutineer of legislation.
2 End first-past-the-post as the electoral system for Westminster Parliament. It no longer works.
3 Introduce a new Constitutional Reform Act to put the Inter–Parliamentary Governance Framework on a statutory basis. This will protect the Constitutional structure. This should also include the Sewell Convention. Sewell can no longer depend on goodwill and trust. It needs to be justiciable. There is no longer a need for a Welsh and Scottish office. These are expensive pre-devolution creations which have become outdated, irrelevant and undermine the operational development of the Inter-Parliamentary Framework. It is time for them to be phased out.
4 Develop a new, needs-based financial settlement for the nations and regions of the UK, which has a clear constitutional framework.
5 Devolve the justice system incrementally over the next 10 years, starting with the devolution of youth justice, probation and policing, all of which are so intrinsically intertwined already with devolved functions.
6 Recognise a Welsh legal jurisdiction. This is essentially an administrative step but is long overdue.
7 Wales should have a designated judge in the Supreme Court.
8 Devolve the Crown Estate to Wales. This can be achieved without disrupting existing plans. Wales’ recent history is one of being exploited for its national resources of coal and water. We should learn the lesson of history and ensure this isn’t repeated with the Crown Estate and the resource of offshore wind and tidal energy.
9 Extend full and equal parliamentary privilege to all the Parliaments of the nations of the UK.
10 The UK Government should formally recognise responsibility for the cost of pre-devolution coal tip safety and engage with the Welsh Government over the funding of a 10-year plan for tip removal and land restoration.
11 Repeal the Tory UK Internal Market Act. This was introduced to undermine devolution and centralise UK Governmental power post–Brexit. It is not necessary and undermines the excellent common frameworks which were established to ensure hegemony across the UK internal market.
I can happily sign up to all these demands. As Antoniw says, the 'constitution is the agreement, the compact between Government and the People. It is about the exercise of power within the Rule of Law and we ignore it at our peril. It is the very essence of government.'
He is right that there is a need for a constitutional convention, but the Welsh government is not entirely without blame here. I note for example that Antoniw doesn't mention devolution of railways, a major source of tension between the Welsh and UK governments, and one that can be traced back to the refusal by the then Welsh First Minister to acceept responsibility for railways in the first place.
Welsh Labour in the past has been incredibly conservative when it comes to further devolution of powers. Antoniw is ahead of the curve in his own party on this side of Offas Dyke as well.
