There has to be more respect between the UK and devolved governments, a reformed funding model, and better engagement to sustain the union, a new report has said.
A "significant culture change is required in Whitehall" and "greater respect and cooperation between Whitehall and the different parts of the United Kingdom" would help strengthen the union, a report by the House of Lords Select Committee on the Constitution has found.
The report looks at key areas including funding and the way UK Government works with the devolved nations. Wales' First Minister has said the future of the union is "fragile" and has criticised the UK Government's approach.
Read more: Welsh Government responds to Boris Johnson's decision to scrap masks rules in England
The report says any demise is not inevitable but "there is no room for complacency". It says "The unique make-up of the United Kingdom means there are no easy, ready-made, solutions available to make our Union fully fit for the 21st century."
The report goes on: "Significant culture change is required in Whitehall, including the end of its top-down mindset. After the completion of the review of intergovernmental relations and if, or when, devolution is extended across England, Whitehall will need to transform how it manages, and mediates between, the different interests of the nations and regions. Greater respect and cooperation between Whitehall and the different parts of the United Kingdom will help strengthen the Union."
It also says that the Barnett formula – the way the amount of money Wales receives from the UK Government is calculated – needs reform, as do intergovernmental structures.
The report's findings
How Whitehall operates
"To deal effectively with and respond to the challenges of governing the United Kingdom in the 21st century, significant culture change is required in Whitehall, including the end of its top-down mindset. After the completion of the review of intergovernmental relations and if, or when, devolution is extended across England, Whitehall will need to transform how it manages, and mediates between, the different interests of the nations and regions. Greater respect and cooperation between Whitehall and the different parts of the United Kingdom will help strengthen the Union."
However the report says responsibility for the union, intergovernmental relations, and English devolution has been brought together under the role of secretary of state for levelling up, housing, and communities Michael Gove. He is also designated minister for intergovernmental relations.
"While the combined responsibility for the devolution arrangements is welcome we are concerned that the role’s broader responsibilities risk undermining its focus on this important area."
Is funding fair?
"We continue to believe the Barnett Formula requires reform to introduce a fairer allocation of funding between the four nations."
Welsh Government ministers have repeatedly said that the UK Government is "bypassing" the Welsh Government to directly allocate funding for regional and local development via UK-wide funds. Economy minister Vaughan Gething described that as a "clear assault on Welsh devolution" and said it shows the UK Government is failing to meet repeated EU referendum promises that Wales “will not be a penny worse off” outside the EU.
In a Senedd debate on the UK Government’s levelling up fund and the future shared prosperity fund the minister said under UK Government plans “Wales is set to have less say, over less money, and denies Wales investment and the jobs that would have been created during a time when we are still managing our path towards recovery from the Covid pandemic”. You can read his comments here.
This was echoed in the Lords' report: "We welcome the creation of the Shared Prosperity Fund but heard significant concerns about the UK Government’s role in making allocations from the Fund directly in devolved areas, without the involvement of the devolved administrations or devolved authorities. The Government’s lack of engagement with the devolved administrations on the overall design of the Fund is unhelpful and has undermined trust. To rebuild trust and partnership, we recommend the devolved administrations and devolved authorities should have a more constructive role in the governance of the Fund, including decisions about local priorities and the allocation of funding."
The Sewel Convention
The Sewel Convention applies when the UK Parliament wants to legislate on a matter within the devolved competence of Scotland, Northern Ireland, or Wales. The convention means the UK Parliament will “not normally” do so without the relevant devolved institution having passed a legislative consent motion.
Concerns have been voiced in Wales that the Westminster government is using the process of legislative consent motions to roll back the devolution settlement.
In the report it says the Scottish Government’s cabinet secretary for the constitution, external affairs, and culture, Angus Robertson MSP, and Wales' First Minister Mark Drakeford both claimed that the UK Government "was hostile to devolution and had used Brexit to recentralise devolved powers". Mr Drakeford warned that “we are sleepwalking into the end of the Union as we know it".
The report says: "For the Sewel convention to operate well, constructive relationships and good faith is required between the UK Government and the devolved administrations. Other than in exceptional circumstances, the UK Government ought not to seek to legislate in devolved areas without consent."
What about an English Parliament?
"England’s place in the Union should not be overlooked, but there are no obvious governance changes to provide England with a distinctive voice that command political and public support. Establishing an English parliament would destabilise the Union and do little to address the need for greater decentralisation within England, which we believe has the greatest potential to resolve concerns about the governance of England."
On Boris Johnson
"We believe the Prime Minister has a critical role to play in making the new intergovernmental structures a success and maintaining strong relationships between the four administrations. Given its importance to the working of the Union, we recommend the Prime Minister and Heads of Devolved Governments Council should meet at least twice each year."
To get the latest email updates from WalesOnline click here.
