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| Independent Commission on the Constitutional Future of Wales | |
|---|---|
| Name | Independent Commission on the Constitutional Future of Wales |
| Formation | 2018 |
| Type | Commission |
| Headquarters | Cardiff |
| Region served | Wales |
| Leader title | Chair |
Independent Commission on the Constitutional Future of Wales The Independent Commission on the Constitutional Future of Wales was a formal inquiry established to examine constitutional arrangements affecting Wales and to propose options for reform. It operated at the intersection of Welsh politics, UK constitutional law and devolution debates, engaging with institutions, parties and civic groups across Wales and the United Kingdom. The commission's work linked contemporary debates involving the Senedd, the Wales Office, and UK-wide constitutional actors.
The commission was created against a backdrop of long-standing constitutional developments involving Welsh devolution, the Senedd (Welsh Parliament), and historical milestones such as the Government of Wales Act 1998, the Government of Wales Act 2006, and the Wales Act 2017. Its establishment followed political pressures from parties including Welsh Labour, Plaid Cymru, Welsh Conservatives, Liberal Democrats and civil society groups like Citizens UK and Wales TUC. The commission’s remit reflected influences from inquiries such as the Calman Commission, constitutional theories associated with scholars at Cardiff University, Aberystwyth University, and the Institute of Welsh Affairs, as well as constitutional settlements in other parts of the UK like Scotland’s Scottish devolution referendum, 1997 and Northern Ireland’s Good Friday Agreement.
The commission’s mandate encompassed assessment of legislative competence linked to statutes such as the Acts of Union 1536, the Acts of Union 1543, and modern statutes affecting Wales, including consideration of intergovernmental mechanisms like the Joint Ministerial Committee and disputes resolved by the Supreme Court of the United Kingdom. Objectives included evaluating models influenced by comparisons with Scotland Act 1998, Northern Ireland Act 1998, and international frameworks such as the Constitution of Iceland and Constitution of Canada federal arrangements. It aimed to present options ranging from enhanced devolution to proposals informed by precedents like the Welsh devolution referendum, 2011 and the evolution of Greater London Authority functions.
The commission’s membership drew on figures from academia, legal practice, and politics, reflecting links to institutions such as Cardiff University School of Law and Politics, University of Oxford, University of Cambridge, and professional bodies like the Bar Council and Law Society of England and Wales. Chairs and members included individuals with experience in inquiries similar to the Richard Commission and observers from bodies such as the Electoral Commission and the UK Statistics Authority. Governance arrangements involved liaison with the Wales Office, the UK Parliament, and the Senedd Commission, with administrative support from entities like the National Assembly for Wales Archive and oversight comparable to inquiries like the Wales Audit Office reviews.
The consultation process combined town-hall meetings in locations including Cardiff, Swansea, Newport, Wrexham, Bangor, and Aberystwyth with written evidence from organizations such as Age Cymru, Mencap Cymru, Equality and Human Rights Commission, and trade unions like Unison. Methodology integrated comparative constitutional analysis employing sources like the Oxford Handbook of Political Science and case law from the European Court of Human Rights and the Supreme Court of the United Kingdom. Stakeholder engagement included dialogues with political parties such as Plaid Cymru, Welsh Labour, Welsh Conservatives, and civic organisations like Sustrans and Friends of the Earth Cymru. The commission also used public surveys modelled on research by the British Social Attitudes survey and polling by YouGov.
The commission reported on matters including legislative competence, fiscal powers relating to instruments such as the Barnett formula, and administrative relationships with bodies like HM Treasury, Her Majesty's Revenue and Customs, and the NHS Wales. Recommendations ranged from increased law-making powers for the Senedd to suggested mechanisms for dispute resolution inspired by the Intergovernmental Relations Review and judicial models exemplified by the Constitutional Court of South Africa. Specific proposals referenced reform paths similar to the Scotland Act 2016 provisions and suggested clarity on reserved matters analogous to the Reserved and Devolved Matters approaches used in other jurisdictions. The commission emphasised public accountability mechanisms tied to institutions such as the Electoral Commission and proposed frameworks for fiscal devolution comparable to models in the Isle of Man and Jersey.
Responses spanned the political spectrum: Plaid Cymru hailed expanded devolution options, Welsh Labour engaged pragmatically with staged reforms, while Welsh Conservatives cautioned about constitutional fragmentation referencing debates in the UK Parliament and during Prime Ministerial discussions involving 10 Downing Street. Civil society reactions involved groups like Amnesty International UK, Scope, and WWF Cymru, reflecting differing priorities on human rights, social policy and environmental governance. Media coverage appeared in outlets including the BBC, WalesOnline, The Guardian, and The Times, while commentary from scholars at Aberystwyth University Department of International Politics and think tanks such as the Institute for Public Policy Research and Policy Exchange framed wider constitutional implications.
Implementing recommendations required legislative action potentially engaging the UK Parliament, the Senedd, and ministers in the Wales Office, and could prompt litigation in the Supreme Court of the United Kingdom or adjudication referencing the European Convention on Human Rights. Legal implications touched on statute amendment processes like those under the Parliament Acts 1911 and 1949 and on intergovernmental arrangements comparable to mechanisms in the Barnett consequential discussions. The commission’s work informed subsequent policy debates within forums such as the Convention on the Future of Europe-style assemblies, advisory groups including the Constitution Unit (UCL), and parliamentary committees like the Welsh Affairs Select Committee.