Transcript Royal Commission on the Constitution (UK)

Royal Commission on the
Constitution (UK)
Crowther Commission (1969), then
Kilbrandon Commission (report
published 31 October 1973)
Origins
• set up by Harold Wilson (Lab PM) on 15
April 1969
• in response to demands for home rule or
independence
• context: Plaid Cymru by-election victory
1966 (Gwynfor Evans), SNP Winnie Ewing
in Hamilton 1967. Growing protest. Prince
of Wales' investiture 1969.
Prince of Wales
The investiture of The Prince of Wales, during
which the 20-year-old Prince received the
insignia as the 21st Prince of Wales from The
Queen, took place on 1st July, 1969, at
Caernarfon Castle in front of 4,000 guests inside
the medieval walls. www.princeofwales.gov.uk
Prince of Wales
Crowther Report
• When Crowther died the report was chaired
by Lord Kilbrandon.
• A "minority report" or memorandum of
dissent was produced by Lord CrowtherHunt and Prof Alan Peacock
Kilbrandon Report
• Conclusions on forms of devolution
appropriate for the UK
• First, defects to be remedied:
• centralisation, feeling decisions should be
taken closer to population; too much
centralisation placing strain on Westminster
and Whitehall, hence delay (#1096)
Kilbrandon Report
• majority in favour of moderate amount of
devolution, though devolution not well
understood (#1097).
• sense weakened democracy: too much
going on "behind closed doors" (#1099)
Kilbrandon Report
• While only minority separatist, many
people "wish their distinctive national
identities to be recognized" (#1100)
• Some feel that while they recognize
Scotland and Wales well funded, better use
could be made if specifically Socttish and
Welsh solutions. UK wide plans often
inapplicable (#1101).
Kilbrandon Report
• No serious dissatisfaction with govt. but
less attachment to govt than in past (#1102).
• "We believe that the essential political and
economic unity of the United Kingdom
should be preserved. Subject to that,
diversity should be recognised" (#1102).
Kilbrandon Report
• Report rejects separatism and federalism
(#1106)
• Principle equal rights and treatment
throughout UK. "Rights conferred on one
component of the UK cannot be denied in
another." (#1108).
Kilbrandon Report
• "The grant of a measure of self-government
to Scotland or Wales alone, with nothing
comparable in the English regions, would
produce a situation of intolerable anomaly
and injustice. If Scotland and Wales
continued to have representation at
Westminster (as we unanimously
recommend) Scottish and Welsh citizens
would enjoy two votes—" (#1108).
Kilbrandon Report
• "one for a representative in their national
assembly and one for a representative in the
UK Parliament—to the Englishman's one,
and the Scottish and Welsh assemblies
would enjoy complete autonomy in the
domestic functions devolved to them, while
the Enngish would be denied a similar
autonomy in purely English affairs, which
would continue to be ...." (#1108).
Kilbrandon Report
• "... determined by a Parliament including a
large number of Scottish and Welsh
members... In the view of the two of us who
take a minority view this is unacceptable,
and would be unacceptable to the Englsih
people" (#1108).
Kilbrandon Report
• "The rest of us do not take this view, and
consider that neither on grounds of principle
nor for any practical reason is it necessary
for the same system of government to be
applied to all parts of the country." (#1109).
Kilbrandon Report
• No clear idea about what the people want in
Scotland and Wales—not surprisingly, as
they don't really know what is on offer.
(#1112).
Kilbrandon Report
• Opinion divided in Scotland: some want
continuation of present systm which is in
some ways advantageous; others want
devolved assembly (#1117). Support for the
latter is growing and is likely to continue to
do so. (#1118). This would be appropriate
means "of recognising Scotland's identity
and of giving expression to its national
consciousness" (#1119)
Kilbrandon Report
• It would give Scotland a voice, be able to
spend more time on Scottish affairs and
enhance democratic accountability. (#1119)
• Wales has had a developing, though less
extensive, system of administrative
devolution. Many think Wales would need
to keep a "strong voice at the centre"
(#1120)
Kilbrandon Report
• There is however a lot of support for a
Welsh assembly. No less strong a feeling in
Wales that national identity should be
preserved, "and this is reinforced by
concern for the Welsh economy and the
Welsh language and institutions". (#1121)
Wales small; difficult for UK to devote
enough time to Welsh affairs (#1122)
Kilbrandon Report
• Preferred solutions: Eight members
preferred legislative devolution to Scotland,
all but two also to Wales (#1123).
• Assemblies would legislate on "specifically
defined matters" (#1125)
• "Parliament would retain ultimate
legislative authority in all matters, but it
would be a convention that...
Kilbrandon Report
in the ordinary course this power would not
be used to legislate for Scotland or Wales on
a transferred matter without the agreement
of the Socttish or Welsh Government. The
power would, however, be available for use
at any time without agreement in
exceptional circumstances (#1126).
Kilbrandon Report
• "Preferred solutions: transferred matters—
Local govt, Town and Country Planning,
New towns, Housing, Building Control,
Water, Monuments, Roads and Vehicle
Licensing, Road Passenger Transport,
Harbours, Environmental services,
Education (except universities?), youth,
sport Arts & culture ..." (#1108).
Kilbrandon Report
• "... Social work, health, agriculture,
fisheries and food, Crown Estates, Tourism,
and, to the Scottish assembly only, Police,
Fire services, Criminal policy, Prisons,
Administration of justice, Legal matters and
law reform, Highlands and Islands
development and sea transport" (#1132).
Kilbrandon Report
• "Scotland and Wales would continue to be
represented in Parliament. Their
representation in proportion to population
would be the same as that for England".
This would reduce number of MPs from 71
to about 57 in Scotland and from 36 to
about 31 in Wales. (#1147).
Kilbrandon Report
• Other schemes: Executive devolution.
(#1154-1173), a Welsh Advisory Council
(#1174-1183) and a Scottish Council with
advisory and legislative functions (#11841187).
Some proposals were also made for a degree
of Executive Devolution to England (#1190)
Kilbrandon Report
• Agreement though that no plans were to be
made for legislative devolution to England
(#1188).
Kilbrandon Report Memorandum of dissent
• Two members, Lord Crowther-Hunt and
Prof Alan Peacock, felt it necessary to set
down their disagreement with the findings
of the commission.
• They felt the commission had adopted a
narrow interpretation of the terms of
reference to "concentrate almost exclusively
on the single question of devolution" (#2a)
Kilbrandon Report Memorandum of dissent
• They felt the majority report magnified "the
extent of the social and cultural differences
between Scotland, Wales and England."
Soctland and Wales appear as "separate
nations with distinctive values and ways of
life 'struggling to be free'. In contrast there
is no matching study of the more
homgeneous contemporary patterns of
social and cultural values and behaviour ...
Kilbrandon Report Memorandum of dissent
• which characterise all the different parts of
the United Kingdom. This imbalance, we
believe, has led many of our colleagues into
recommending more extreme 'solutions' for
Scotland and Wales than the evidence
actually warrants." (#2b)
• Feel complaints of centralisation and
weakening of democracy not justified. (#2c)
Kilbrandon Report Memorandum of dissent
• Also feel majority have under-estimated the
effect of joining the EEC. (#2e)
• "We cannot accept the scheme of legislative
devolution for Scotland and Wales
recommended in the majority report. This
scheme […] would devolve to Scottish and
Welsh Paliaments and Governments
'sovereign' or 'autonomous' powers ...
Kilbrandon Report Memorandum of dissent
• in a wide range of subjects […] We oppose
this because:—
• i) we believe it makes no sense today to
move 'sovereingty' downwards when in
more and more subjects it is actually
moving upwards—to Brussels
• ii) it would be giving the people of Scotland
and Wales significant additional political ...
Kilbrandon Report Memorandum of dissent
• rights which would be denied to people in
the different regions of England ...
• iii) we cannot believe it is right or
acceptable that the Westminster Parliament
should be precluded from legislating for
Scotland and Wales in a wide range of
subjects […] while at the same time, about
100 Scottish and Welsh M.P.s at
Westminster would have a full share ...
Kilbrandon Report Memorandum of dissent
• in legislating in these matters for England
alone. (#2g)