Federalism in the United Kingdom

In the late 19th and early 20th centuries, Irish home rule was a divisive political issue. The First and Second Home Rule Bills failed to pass the UK Parliament. The Third Home Rule Bill was introduced in 1912 by Prime Minister H. H. Asquith, intended to provide home rule in Ireland, with some additional proposals for home rule in Scotland, Wales, and areas of England.[9][10] The implementation of the Bill was delayed by the outbreak of the First World War. At war's end the UK parliament, responding to Northern Irish Protestant lobbying, passed the Fourth Home Rule Bill which divided Ireland into a six-county Northern Ireland and a twenty-six county Southern Ireland, each with its own parliament and judiciary. The Southern Parliament only met once: London acknowledged the sovereignty of southern Ireland as the Irish Free State, within the British Commonwealth, at the end of 1921. The Northern Ireland Parliament remained until 1972 when it was abolished due to sectarian conflict in the Troubles.[11]

The 1966-1969 Redcliffe-Maud Report recommended the abolition of all existing two-tier councils and council areas in England and replacing them with 58 new unitary authorities alongside three metropolitan areas (Merseyside, 'Selnec', and the West Midlands). These would have been grouped into eight provinces with a provincial council each. The report was initially accepted "in principle" by the government.[12]

The Scotland Act 1978 became law on 31 July 1978, requiring 40% of the Scottish electorate to support the formation of an assembly. Although 52% of those who voted supported an assembly, this amounted to 33% of the total electorate and so an assembly was not formed. In 1997 a referendum was held in Scotland on a Scottish parliament which was supported by 74.3% of Scots. In 1998 the Scotland Bill was introduced in the UK Parliament and became law as the Scotland Act 1998 later that year. The Scottish parliamentary elections were held in 1999 and were followed by the re-establishment of the Scottish parliament.[13] In Wales, a referendum on a Welsh assembly was held, also in 1997, and resulted in a 50.3% majority in favour.[14] The Government of Wales Act was passed in the UK parliament in 1998 and the National Assembly for Wales was formed in 1999 in Cardiff. The National Assembly for Wales was renamed Senedd Cymru/Welsh Parliament, with the Presiding Officer, Elin Jones,saying that its renaming represented the increased powers and responsibilities of the Senedd.[15]

The 2004 North East England Devolution Referendum failed by a large margin. The original proposal was to hold subsequent referenda in North West England and Yorkshire and the Humber, but these were cancelled after the referendum in the North East failed.[16] The proposal, as well as facilitating an elected assembly, would have also reorganised local government in the area. After the failure of this proposal, the concept of city regions was pursued. The 2009 Local Democracy, Economic Development and Construction Act provided the means for the creation of combined authorities based upon city regions, a system providing cooperation between authorities, and a single directly elected mayor. The first such, the Greater Manchester Combined Authority, was established in 2011, followed by four in 2014, two in 2016, two in 2017, and one in 2018, with further proposals for other conurbations.

In 2014, Scotland voted to remain in the UK, though a plurality of Scots wanted greater autonomy within the UK.[17] This culminated in the Scotland Act of 2016 which declared that Scotland's devolved institutions were permanent, and granted the Scottish Parliament and government powers over taxation and welfare.[18]

The Wales Act 2017 defined the National Assembly and devolved institutions to be a permanent component of the UK constitution, and any abolition of such institutions would require a referendum. The act also changed the model of operation of the devolved institutions from a "conferred powers model" to a "reserved powers model". The Assembly was given the power to decide its own name and voting system of members.[14]

Federalism was proposed in the 1870s by Isaac Butt and his Home Rule party. Federalism was also proposed by Joseph Chamberlain in the mid-1880s. It gained significant support during the constitutional and home rule crisis in Ireland in particular.[19]

A UK federation government was proposed in 1912 by Winston Churchill, Member of Parliament for Dundee, which also included proposals for English regions governed by a regional parliament as part of a UK federation. Potential areas included Lancashire, Yorkshire, the Midlands and London.[9][10]

David Lloyd George campaigned for Welsh devolution, beginning with the devolution of the Church in Wales which finally came about in 1920.[20] Lloyd George felt that disestablishment, land reform and other forms of Welsh devolution could only be achieved if Wales formed its own government within a federal imperial system. Lloyd George's Government of 1918 also gave considerable thought to a federal government to relieve tensions in Ireland, particularly in combination with conscription for the First World War.[21]

In 1977, Tam Dalyell, then MP for West Lothian, raised the "West Lothian question" on the issue of an English parliament during a debate on devolution of powers to Scotland and Wales.[22]

In September 2013, Conservative MS for South Wales Central, David Melding produced a book for the Institute of Welsh Affairs (IWA) discussing federalism. He suggested that parliaments in a federal UK should all be sovereign and that a balance of powers between a central parliament and the national parliaments would emerge following a new "Act of Union". He suggests that disputes could be resolved in the Supreme Court.[23]

Since March 2014, the Liberal Democrats have been committed to a policy of UK federalism.[24] Their proposal for a federal UK includes:

• Transferring additional powers to the Senedd Cymru / Welsh Parliament to have equal devolution to the Scottish Parliament
• A need dependent equitable distribution of resources between different parts of the UK
• A Declaration of Rights document
• Election to the House of Commons via Single Transferable Vote
• Replacing the House of Lords with an upper house and a more democratic mandate [25]

The think-tank IEA produced a report in 2015 that suggested that the UK should become a federal country. It concluded that responsibilities by and large should be transferred to Scotland and England, Wales and Northern Ireland or Scotland and Rest of UK. It suggested that federal government should have very few functions which would include defence, border control and foreign affairs.[26]

An English parliament as part of a federal UK was suggested by Labour politician Chuka Umunna in July 2015.[27]

The Constitutional Reform Group is a group made up of politicians from all parties. Its Steering Committee is composed of Robert Gascoyne-Cecil, 7th Marquess of Salisbury; Robert Rogers, Baron Lisvane; former First Minister of Wales Carwyn Jones; former first minister of Scotland Lord Jack McConnell; and Lord David Trimble, the first and former First Minister of Northern Ireland, among others. The group produced their first draft of a new Act of Union Bill in July 2016. An Act of Union Bill 2018 was subsequently introduced as a Private Members' Bill in the House of Lords on 9 October 2018. [28]

On 24 April 2021, an "Act of Union Bill 2021" was published.[29] This includes:

• The continued existence and sovereignty of an UK Parliament with exclusive legislative powers for central matters
• The continued existence of an Welsh Parliament, Scottish Parliament and Northern Irish Assembly
• The formation of an English Parliament OR Regional Devolution for England
• The abolition of powers of the UK parliament to intervene in the Scottish and Welsh Parliaments and Governments
• Each MP is referred to as either a Welsh MP, English MP, Scottish MP or Northern Ireland MP
• The abolition or reform of the House of Lords
• A scrutiny committee for all four parliaments in both options for the House of Lords. Each national parliament proposes their own committee member for the UK scrutiny committee

Central matters to include:

• Constitution: The Crown, the UK, Parliament, Scotland Act 1998 & 2016, Government of Wales Acts, Northern Ireland Act 1998, Ministers of the Crown
• Foreign Affairs: foreign affairs, international treaties and conventions, EU memership, NATO membership, European Economic Area, Defence
• Rights: Human rights
• Economic Affairs: Central bank functions, monetary policy, government borrowing, currency, regulation of financial services
• Taxation: central taxes
• Law and order: Supreme Court, national security
• Home affairs: nationality, immigration, extradition, emergency powers
• Public Service: The civil service, political parties [30]

In April 2018, Isobel Lindsay, a board member of Scotland's economic and political think-tank, Common Weal, suggested the following two models:

1. The Four Nations proposal: A UK Federation composed of England, Wales, Scotland & Northern Ireland
2. Three Nations plus English Regions: A UK federation composed of Wales, Scotland, Northern Ireland & English regions
3. Council of the Isles: Building upon the British–Irish Council to form a Council of the Isles which could include Wales, Scotland, England, Northern Ireland and the independent Republic of Ireland. This could also allow an independent Scotland to be a part of this council.

England is by far the largest single unit in the United Kingdom by population (84%) and by area (54%) and thus contributes to the justification for a "Three Nations plus English regions" model.[31][11]

The Federal Union is a pressure group that supports a codified federal constitution for the United Kingdom, arguing that governance remains too centralised. In October 2018, Andrew Blick, of King's College London and the Federal Union, proposed a Federalist Constitution for the UK. He also suggests that a single English parliament would not be effective and that regional federalism of England would be more effective;[32] and that the regions of England, created for statistical purposes, are included in one proposed model for a UK federation.[32] The Federal Trust has also proposed a UK Federation as a potential option for the UK's constitutional future.[33]

In February 2020, political analyst John Curtice suggested that the UK's decision to leave the European Union, which was supported by a majority in England and Wales but not in Scotland and Northern Ireland. This may have strengthened the Scottish independence movement and proved problematic for the Good Friday Agreement.[34][35] As such, some people such as the former head of the Department for Exiting the European Union, Philip Rycroft, have proposed federalism as a way of ensuring the Union continues.[36]

A report commissioned by the UK Labour Party during the leadership of Jeremy Corbyn was published in February 2021. The report, titled "Remaking the British State: For the many Not the few" proposed constitutional reform of the devolved governments of the UK and establishment of a federal UK system. [37][38]

The report recommended the following:

• A UK constitutional convention supported by citizens’ assemblies with reform options
• A codified constitution, also significantly reducing the powers of the monarch
• Replacing the House of Lords with a federal senate of nations & regions
• A council of the union including first ministers of England, Wales, scotland and Northern Ireland and a Prime minister of the UK
• Proportional representation in the House of Commons;
• Permanent constitutional independence for the Scottish parliament, Senedd Cymru/Welsh Parliament and the Northern Irish executive
• Increased borrowing & policymaking powers for the Scottish Parliament (including social security, alcohol taxation, drugs policy & postgraduate immigration)
• Devolution of policymaking and financial powers such as borrowing to English regionas and councils [37]

The Welsh Labour Government produced a report update for the reformation of the United Kingdom in June 2021. This report summary outlined a proposed 20 key changes to devolution in the UK. This proposed reform of the structure of devolution for the countries of the UK would build a stronger and more durable UK, according to Mark Drakeford.[39]

The Welsh Labour proposal for "far reaching federalism"[40] are summarised as follows:

1. The UK becomes a voluntary union of 4 nations.
2. Devolution is permament and cannot be undone without agreement from electorate.
3. Equalise devolution across nations, to become as devolved as possible.

1. Each parliament/assembly in the UK decides its own size and how members are elected.
2. The UK Parliament should not legislate on devolved matters without consent.
3. A centralised source of funding for running costs of devolved parliaments/assembly.
4. Representation of devolved nations in the House of Commons.
5. House of Lords reformed to reflect the make-up of the United Kingdom & protects the constitution and devolution.

1. Governments must be treated as equals
2. Ministers are responsible and held to account for duties in their own country without interference from other governments.
3. The UK government does not fund other governments’ responsibilities without consent.
4. Regular, organised inter-governmental co-operation for benefit of UK.
5. Devolved governments have a say in international relations and trade.
6. UK bodies that work for every country in the UK.
7. Continued impartiality of the civil service serving the Welsh, Scottish & UK governments, working with the Northern Ireland civil service.

1. Funding based on need. No UK funding outside these arrangements without consent.
2. Needs-based grant from the UK government to devolved nations (raised by devolved and local taxes and borrowing).
3. Formation of an independent public body overseeing funding across UK.
4. Each government determines and is held accountable for tax and spending priorities.

1. Justice and policing devolved to Wales (as it is in Scotland and Northern Ireland).
2. Supreme Court membership reflects the whole of the UK.

1. A Constitutional Convention with UK wide membership considering UK governance and inter-governmental relationships.[41]

Keir Starmer, leader of the UK Labour party, also agreed in January 2022 to "quickly" reform the UK if Labour formed the next national government.[42] He also promised a “radical devolution of power” which would include a written constitution. More specific details in Starmer's radical devolvement or federalisation plans were said to be lacking.[43] Starmer also tasked Gordon Brown with heading a "Constitution Commission" for prospective reform of the UK, a commission which would become active under a Labour government.[44] Brown has suggested federalism as a viable option following Brexit and, according to Adam Tomkins, supported "a reformed Britain, a new federal settlement, and further powers for a supercharged Holyrood". Brown proposed:[45][46]

• European powers transferred from the EU to the Scottish Parliament for agriculture, fisheries, environmental regulation and areas of employment and energy.
• £800 million transferred from the EU to Scotland as would be given with EU membership
• Scottish Parliament regional policy, take action to support its own industries.
• VAT rates set by Scottish Parliament
• Scottish Parliament negotiates with European countries on policies within its powers
• EU access for Scottish industries and universities for research, Erasmus and for students.
• Scotland guaranteed a place in the European Court of Human Rights or the EU Social Chapter
• Bank of England reformed as a Bank of England, Scotland, Wales and Northern Ireland with fully-staffed representation within Scotland.[47]

What is radical federalism, what would it look like and should Labour champion it? This was the title of a discussion panel in September 2021 composed of Scottish Labour leader Anas Sarwar; West Yorkshire mayor Tracy Brabin; Welsh Labour and Counsel General for Wales Mick Antoniw MS (also a member of the Radical Federalism collective); and Professor Nicola McEwen.[48]

In March 2022, Glyndwr Jones of the Institute of Welsh Affairs produced a document "A League-Union of the Isles" discussing constitutional options for the UK with a preface by former first minister of Wales Carwyn Jones. The author presents multiple potential constitutional options for the UK nations including: devolution, federalism, confederalism, confederal-federalism, sovereignty within the EU and independence. The author settles on confederal-federalism, a union of sovereign nations that stands between federalism and a confederation, with an agreed confederal treaty between national parliaments, which jointly form a "Council of the Isles". The proposed union would include the following:

• Rights of movement, residence and employment in any nation within the union
• Each nation would have its own legal jurisdiction in addition to a "Supreme Court of the Isles"
• A common currency and a central "Bank of the Isles"
• Each nation would have its own tax regimes and contribute a proportion of their GDP to the "Council of the Isles"
• Defence, foreign policy, internal trade, currency, large scale economics and "Isles affairs" governed by the "Council of the Isles"
• Each nation holds 4 seats at the UN general council and one collective seat at the UN Security Council [49]

The Independent Commission on the Constitutional Future of Wales is an ongoing comission that will make recommendations about Wales’ constitutional future. Having their first meeting on the 25th of November 2021, Professor Laura McAllister and Dr Rowan Williams are co-chairing the commission. Professor McAllister has stated that all options are on the table – including independence.[50] This independent commission was established in 2022 by the Welsh Government and has two broad objectives which include consideration and development of options for reform of constitutional structures of the UK, and progressive principal options to strengthen Welsh democracy and deliver improvements for Wales.[51]

Liberal Democrats[53]

Scottish Labour[54]

Scottish Liberal Democrats[55]

Welsh Labour[56]

Welsh Liberal Democrats[57]

Mebyon Kernow: Support a Cornish Assembly.[58]

Yorkshire Party: Supports a Regional Parliament.[59]