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Welsh Devolution

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Flag of Wales.

Welsh devolution is the process of increased self-governance of Wales.[1]

Political movements supporting Welsh self-rule began in the late nineteenth century. The devolution of some administrative responsibilities began in the early twentieth century as well as the passing of legislation specific to Wales. Over the course of the post-war period, various movements and proposals advocated for different models of Welsh devolution. A 1979 referendum for devolution was rejected by a large proportion of voters but over subsequent decades support for devolution increased. This growth in support was reflected by the 1997 referendum which narrowly favoured devolution. Following the referendum, legislation was passed to establish the National Assembly for Wales and grant the body secondary legislative powers over areas such as agriculture, education and housing. A third referendum in 2011 saw voters support full primary law-making powers for the National Assembly over specified areas of governance.[2]

Following the passing of the Senedd and Elections (Wales) Act 2020, the National Assembly was renamed Senedd Cymru (in Welsh) and Welsh Parliament (in English) which was seen as a better reflection of the body’s expanded legislative powers.[2]

Welsh nationalist party Plaid Cymru have been described as hoping that devolution would be a stepping stone towards full independence.[3]

Devolution from the Romans

File:History of the Kings (f.39.v) Coel.jpg
King Coel. A crude illustration from a 15th century Welsh language version of Geoffrey of Monmouth’s highly influential Historia Regum Britanniae (‘History of the Kings of Britain’).

Magnus Maximus was a Roman general in and governor of ancient Briton until he left in 383 and defeated rival Gratian in modern day Lyon and thus became the new Roman emperor. [4] Although Magnus Maximus was concidered King of the Britons to the Britons and governor of Briton to the Romans, he seems to have devolved much of the organisational and protective roles of the north of ancient Briton to Coel Hen. Coel Hen's kingdom was known as the Kingdom of Northern Briton, based at Eboracum (modern day York). Upon the departure of Magnus Maximus, Coel Hen is said to have become high king of Briton. [5]

Medieval Law Changes

File:Hywel Dda.jpg
Hywel Dda, Peniarth.

Hywel Dda Welsh Laws

Hywel Dda (Hywel the Good) was responsible for the formation of the kingdom of Deheubarth by absorbing smaller kingdoms in the southwest. He extended his domain to the majority of Wales by 942.[6] Hywel Dda is responsible for the codification of Welsh law the Whitland council. The laws created at this council were then referred to as the "Laws of Hywel". Hywel Dda also followed a policy of peace with the English.

Wales Becomes a Principality of England

The Statute of Rhuddlan was the constituional change that resulted in the formation of the Principality of Wales in 1284.[7] The statute was a royal ordinance by Edward I on 3 March 1284.[7] The name originates from the Rhuddlan Castle in Denbighshire where it was first promulgated on 19 March 1284.[8] The Statute enforced English common law to Wales, but allowed Welsh legal practices within the Welsh Principality. The Statute was replaced by the Laws in Wales Acts 1535 and 1542 by Henry VIII which Wales a part of the "realm of England".[9]

Laws in Wales Acts 1535-1542

Henry VIII of England, introduced the Laws in Wales Acts 1535-1542 which legally integrated Wales and England. This abolishing 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.[10] The Marcher Lordships were also abolished. [11]

18th & 19th Century Devolution Movement

Sunday Closing (Wales) Act 1881

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. In 1886 Joseph Chamberlain proposed "Home Rule All Round" the United Kingdom, and in the same year the Cymru Fydd (Young Wales) movement was founded to further the cause.[12] Their goal was a devolved assembly rather than a fully independent state, and the movement collapsed in 1896 amid personal rivalries and rifts between Liberal representatives such as David Alfred Thomas.[12][13]

File:David Lloyd George.jpg
David Lloyd George

Cymru Fydd 1886-1896

Cymru Fydd was founded in 1886 by some of the London Welsh. Some of its main leaders included David Lloyd George (later Prime Minister), J. E. Lloyd, O. M. Edwards, T. E. Ellis (leader, MP for Merioneth, 1886–1899), Beriah Gwynfe Evans and Alfred Thomas. Initially it was a purely London-based society, later expanding to cities in England with a large Welsh population.

The founders of Cymru Fydd were influenced by William Ewart Gladstone, who himself lived in Hawarden, Wales, and the nationalist movement in Ireland, although the movement also drew upon other ideas, including a sense of imperial mission as preached by John Ruskin and a programme of social and political reform promoted by Robert Owen, Arnold Toynbee and the Fabian Society.This was therefore in stark contrast to Irish Nationalism, under Charles Stewart Parnell and others, which sought separation from British political structures. The movement resembled the cultural nationalism found in parts of continental Europe, and heavily influenced by members of the intelligentsia such as O. M. Edwards and J. E. Lloyd.

From 1892 branches were organised in Wales itself, the first being formed at Barry by W. Llewelyn Williams.

Its main objective was to gain self-government for Wales. The movement lost some of its impetus following the withdrawal of T. E. Ellis to join the Government in 1892, after which the leadership of Cymru Fydd was taken over by David Lloyd George and Herbert Lewis (MP for Flint Boroughs). Cymru Fydd was re-launched on a narrower, more political basis.

After an initial period of success in 1894–95, in which time it merged with the North Wales Liberal Federation (18 April 1895) to form the Welsh National Federation, it met with fierce opposition from the South Wales Liberal Federation, led by the Federation President, David Alfred Thomas (MP for Merthyr Tydfil 1889–1910).

On 16 January 1896, the proposal to merge the South Wales Liberal Federation with the Welsh National Federation was put to the Annual General Meeting (AGM) of the South Wales Liberal Federation, held at Newport, Monmouthshire. Lloyd George was howled down and refused permission to speak. After Robert Bird, a senior Cardiff alderman, declared his determination to resist "the domination of Welsh ideas", the merger proposal was defeated. Cymru Fydd collapsed soon afterwards. The effect of this collapse was particularly severe on the Women's Liberal Associations, all but 15 of which collapsed. Lloyd George switched his attention to British matters, next coming to prominence as an opponent of the Boer War.

20th Century Devolution

National Bodies 1907-1945

The following bodies became Welsh national organisations;

File:A Plaid Cymru rally in Machynlleth in 1949 where the "Parliament for Wales in 5 years" campaign was started (14050400654).jpg
A Plaid Cymru rally in Machynlleth in 1949 where the "Parliament for Wales in 5 years" campaign was starte

1907 - the Welsh Education Board

1911 - the Welsh Insurance Commission

1919 - a Welsh Department of the Ministry of Agriculture

1919 - the Welsh Board of Health

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

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.

Council for Wales and Monmouthshire 1948

During the 1945-1950 Labour Government period, petitions presented to the UK government were rejected and instead the Council for Wales and Monmouthshire was created in 1948 which was not elected and provided an advisory role to the UK government. [14]

Parliament for Wales Campaign 1949

File:Wales beats England by 2 goals to 1 in the international soccer game in Cardiff (11870190016).jpg
Cardiff 1955. Wales beat England 2–1 in an international football game.

Those in favour of a parliament for Wales paraded in Machynlleth (the place of Owain Glyndwr's last Senedd) on 01/10/1949. Speakers and entertainment was also at the event. The official launch of the Campaign for a Welsh Parliament (Ymgyrch Senedd i Gymru) occurred on the 1/7/1950 during another rally in Llandrindod. This event lead to the creation of a petition of 240,652 names which was presented to the House of Commons in 1956.[15]

Minister of Welsh Affairs 1951-1954

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 upgraded to minister of state level in 1954.[16]

Capital City

The declaration of Cardiff as the capital of Wales in 1955,[17][18]

Secretary of State for Wales 1964

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 ran by the Secretary of State for Wales and which was responsible for implementing UK government policies in Wales. [16]

File:Welsh Language Act 1967 (repealed 21.12.1993) (UKPGA 1967-66 qp).pdf
Welsh Language Act 1967 (repealed 21.12.1993).

Welsh Language Act 1967

The Welsh Language Act 1967 repealed a section of the Wales and Berwick Act and thus "Wales" was no longer part of the legal definition of England. This essentially defined Wales as a separate entity legally (but within the UK), for the first time since before the Laws in Wales Acts 1535 and 1542 which defined Wales as a part of the Kingdom of England. The Welsh Language Act 1967 also expanded areas where use of Welsh was permitted, including in some legal situations.[19][2][20]

Senedd Era Devolution

Welsh National Assembly

File:Senedd.JPG
Senedd, Cardiff Bay (formerly National Assembly for Wales).

In a referendum in 1979, Wales voted against the creation of a Welsh assembly with an 80 per cent majority. In 1997, a second referendum on the same issue secured a very narrow majority (50.3 per cent).[21]

The National Assembly for Wales (Cynulliad Cenedlaethol Cymru) was set up in 1999 (under the Government of Wales Act 1998) with the power to determine how Wales' central government budget is spent and administered, although the UK Parliament reserved the right to set limits on its powers.[21]

This Act included core values such as commitment to partnership working, quality, sustainable development, parity of treatment for Welsh and English languages. This Act also gave the newly formed National Assembly the powers to create secondary legislation in such ares as agriculture, fisheries, highways and housing (similarly to the previous powers of the Secretary of State for Wales).[22]

Since 1997, there has been evidence of increased support for, and trust in, the Senedd and greater support for it to receive enhanced powers,[23] as evidenced by the 63.49% "Yes" vote in the 2011 referendum. [24]

Richard Commission 2002 & Government of Wales Act 2006

In 2002, the Commission on the Powers and Electoral Arrangements of the National Assembly for Wales was formed (The Richard Commission). Following its creation, the Commission made a series of recommendations in 2004 which 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. This Act describes the powers and responsibilities of the National Assembly for making laws and for The Welsh Government in making and implementing decisions, policies and subordinate legislation.[22]

File:Leanne Wood at third AUOB Cymru National March for Welsh Independence 7 September 2019 22.jpg
Leanne Wood, 2019 in Merthyr.

From Principality to Country 2011

In 2011, the International Standards Organisation, officially changed the status of Wales from a principality to a country following lobbying from Plaid Cymru AM at the time, Leanne Wood.[25]

The governments of the United Kingdom and of Wales almost invariably define Wales as a country.[26][27] 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."[28][29]

Full Primary Law-Making Powers 2011

In 2011 a referendum was held on whether full primary law-making powers should be given to the National Assembly in the areas in which it had responsibility which was supported with 63.5% of the vote. [30]

Silk Commission & Wales Act 2014

The UK Government also formed the Commission on Devolution in Wales (the Silk Commission). The Silk report published part 1 of its report in 2012, recommending new financial powers to Wales including taxation and borrowing powers which came into force in the Wales Act 2014.[22]

Tax Collection and management Act 2016

The Assembly passed the Tax Collection and Management (Wales) Act 2016 to facilitate the financial powers of the Wales Act 2014.[22]

File:Crys-T YesCymru.jpg
A man wearing a YesCymru T-shirt.

Launch of YesCymru 2016

In 2016, YesCymru was launched. A non party-political campaign for an independent Wales which held its first rally in Cardiff in 2019.  [31] Support for Welsh independence has reached as high as 40% in 2021.[32]

Wales Act 2017

The Wales Act 2017 established the National Assembly as a permanent part of the UK constitution and the Assembly was also shifted from a "conferred powers model" to a "reserved powers model". The Assembly would also now have power to decide its own name and voting system of members.[22]

Tax Powers 2018 & 2019

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 and are subject to Senedd agreement. [33]

File:Gorymdaith Genedlaethol Cyntaf AUOB Cymru a Yes Cymru, Caerdydd 2019 Wales 07.jpg
Rally for Welsh Independence, Cardiff 2019.

Senedd and Elections Act 2020

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.[34] The Act allowed for the first time in Wales afford 16 and 17 year olds the right to vote, beginning with the 2021 Senedd election. [35]

Independence Commission 2021

An open letter, signed by a number of groups who advocate for Welsh independence (including Welsh Football Fans for Independence, AUOBCymru and members of the former central committee of YesCymru), was sent to Welsh First Minister, Mark Drakeford in September 2021. Written in response to Drakeford's proposed constitutional commission, it stated that "Wales needs an independence commission, not one to salvage the union."[36] The following month, the Independent Constitutional Commission was launched by the Welsh Labour government.[37] Led by Professor Laura McAllister and former Archbishop of Wales, Rowan Williams, it will examine Wales' future relationship with the rest of the UK and will consider Welsh independence as well.[38] Plaid Cymru called the commission the "most wide-ranging national conversation about Wales' future".[37]

References

  1. "Devolution: A beginner's guide". 2010-04-29. Retrieved 2022-02-01.
  2. 2.0 2.1 2.2 "History of devolution". senedd.wales. Retrieved 2022-01-31.
  3. Curtice, John (2006). "A Stronger or Weaker Union? Public Reactions to Asymmetric Devolution in the United Kingdom". Publius. 36 (1): 95–113. doi:10.1093/publius/pjj006. ISSN 0048-5950. JSTOR 20184944.
  4. "Magnus Maximus | emperor of Rome | Britannica". www.britannica.com. Retrieved 2022-02-01.
  5. Kessler, P. L. "Emperor Magnus Maximus". www.historyfiles.co.uk. Retrieved 2022-02-01.
  6. Lloyd, J.E. A History of Wales p. 337.
  7. 7.0 7.1 Francis Jones (1969). The Princes and Principality of Wales. University of Wales Press. ISBN 9780900768200. Search this book on
  8. G. W. S. Barrow (1956). Feudal Britain: the completion of the medieval kingdoms, 1066-1314. E. Arnold. Search this book on
  9. The Laws in Wales Act 1535 (A.D. 1535 Anno vicesimo septimo Henrici VIII c. 26)
  10. Williams, G. Recovery, reorientation and reformation pp. 268–73
  11. Davies (1994) p. 232
  12. 12.0 12.1 The Welsh Academy Encyclopaedia of Wales, Cardiff: University of Wales Press, 2008
  13. "Wales | Vol, V no. 8/9 | 1945 | Cylchgronau Cymru - Llyfrgell Genedlaethol Cymru" (in Cymraeg). National Library of Wales. Retrieved 4 December 2020.
  14. "History of devolution". senedd.wales. Retrieved 2022-02-01.
  15. "Watch Rali Senedd i Gymru, Machynlleth 1949". BFI Player. Retrieved 2022-02-01.
  16. 16.0 16.1 "History of devolution". senedd.wales. Retrieved 2022-02-01.
  17. "Cardiff as Capital of Wales: Formal Recognition by Government". The Times (53, 409). 1955-12-21. p. 5.
  18. "Cardiff gains recognition as capital of Wales". Manchester Guardian. 21 December 1955.
  19. "The Constitution Series: 1 – Wales in the United Kingdom" (PDF). National Assembly for Wales. July 2011. Archived from the original (PDF) on 20 April 2016. Retrieved 6 April 2016. Unknown parameter |url-status= ignored (help)
  20. "The Welsh language Act of 1967". BBC. 2012-07-26. Retrieved 2022-01-31.
  21. 21.0 21.1 Powys, Betsan (12 January 2010). "The long Welsh walk to devolution". BBC News website. BBC. Retrieved 26 September 2010.
  22. 22.0 22.1 22.2 22.3 22.4 "History of devolution". senedd.wales. Retrieved 2022-02-01.
  23. "Governance". Welsh Assembly Government.
  24. "Historic "Yes" vote gives Wales greater law-making powers | Welsh Government". www.wired-gov.net. Retrieved 2022-02-01.
  25. WalesOnline (2011-07-31). "International body grants Wales country status after principality error". WalesOnline. Retrieved 2022-01-31.
  26. "Countries within a country". 10 Downing Street website. 10 Downing Street. 10 January 2003. Archived from the original on 9 September 2008. Retrieved 5 November 2010. The United Kingdom is made up of four countries: England, Scotland, Wales and Northern Ireland.
  27. "UN report causes stir with Wales dubbed 'Principality'". WalesOnline website. Media Wales Ltd. 3 July 2010. Retrieved 25 July 2010. ... the Assembly's Counsel General, John Griffiths, [said]: "I agree that, in relation to Wales, Principality is a misnomer and that Wales should properly be referred to as a country.
  28. "Wales.com FAQs". Wales.com website. Welsh Government. 2008. Retrieved 24 August 2015.
  29. Bogdanor, Vernon (1995-11-09). The Monarchy and the Constitution. Clarendon Press. ISBN 978-0-19-827769-9. Search this book on
  30. "Historic "Yes" vote gives Wales greater law-making powers | Welsh Government". www.wired-gov.net. Retrieved 2022-02-01.
  31. Harries, Robert (2020-11-08). "The rise of Yes Cymru and why people are joining in their thousands". WalesOnline. Retrieved 2022-01-31.
  32. "Westminster warned as poll shows record backing for Welsh independence". the Guardian. 2021-03-04. Retrieved 2022-01-31.
  33. "History of devolution". senedd.wales. Retrieved 2022-02-01.
  34. "Welsh assembly renamed Senedd Cymru/Welsh Parliament". BBC News. 2020-05-06. Retrieved 2022-01-31.
  35. "16 and 17 year olds have secured the right to vote in Wales". www.electoral-reform.org.uk. Retrieved 2022-02-01.
  36. Griffiths, Siriol (27 September 2021). ""Wales needs an independence commission, not one to salvage the union"". The National Wales. Retrieved 20 October 2021.
  37. 37.0 37.1 Chandler, Andy (19 October 2021). "Commission considers Welsh independence". Herald.Wales. Retrieved 20 October 2021.
  38. "Welsh independence to be considered by commission". 19 October 2021 – via www.bbc.co.uk.


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