5 The process of further devolution
105. We have examined above the future of devolution
in the contest of the Scottish referendum and the proposals for
further devolution to, and within, the constituent nations of
the Union.
106. For territorial devolution, the process has
been piecemeal and rushed by political imperatives: although the
Smith Commission process met all its deadlines, it is not clear
what consideration has been given to how the resultant legislation
will affect the United Kingdom as a whole. The process in Wales
appears to have been accelerated after the Scottish referendum
result, but the outcome has not been universally welcomed and
the First Minister has indicated that there is work still to do.
In Northern Ireland the shape of an agreement on further devolution,
agreed on the condition that the Assembly and Executive could
demonstrate fiscal discipline, now seems threatened by a dispute
between the Executive parties over implementation of welfare reforms.
Each of the agreements reached for further devolution has in effect
been bilateral, with Whitehall agreeing to propose legislation
for further transfers of competences. Even in England the decentralisation
agenda is predominantly driven by a series of bilateral deals
between Whitehall and city halls. The concept of the 'new Union
mindset' promoted by the First Minister of Wales does not seem
to have influenced Whitehall thinking greatly.
107. During the course of this Parliament this Committee
has been examining broad constitutional issues, such as the case
for a codified constitution and the case for a constitutional
convention. We have not reached a settled view on recommending
a constitutional convention, still less a written constitution,
but we have examined the arguments and published them for further
deliberation and debate.
108. The three main political parties all now appear
to advocate, or recognise the possibility of, a constitutional
convention in the new Parliament, though there is no cross party
agreement over what its remit should be. We have set out the position
of the parties in our recent report on Consultation on A new
Magna Carta?, where we also examined whether the UK was approaching
a 'constitutional moment'.[143]
The Government, in its paper on the implications of devolution
for England, discussed a constitutional convention and examined
the options, without making any recommendation.
109. Our recent examination of the draft clauses
proposed to implement the Smith Commission Agreement revealed
that, under existing constitutional arrangements, it was legally
very difficult to establish the Scottish Parliament as a permanent
feature of the UK's constitution—although we recognised
the permanence of the Parliament in political fact. Witnesses
have indicated the unsatisfactory nature of the territorial constitution,
which is found in the enactments establishing the devolved institutions.
In its proposals to the Government's paper on English devolution
the Conservative Party indicated that any future constitutional
convention "could consider the case for a 'Statute of the
Union' to enshrine and reinforce the constitutional arrangements
for each part of the Union, and to assist in achieving a stable,
long-term settlement across the United Kingdom."[144]
Although the Minister of State for Universities, Science and Cities,
Rt Hon Greg Clark MP, was reluctant to specify what form a Statute
of the Union might take, it appears reasonable to assume that
it could provide for a territorial constitution for the UK, setting
out the competences of each legislature and government.
110. Proposals
for devolutionary change in Scotland, Wales, Northern Ireland
and England have been made at what appears to be dizzying speed
since the Scottish referendum result in September 2014. Political
commitments have been made on the implementation of further devolution
for Scotland, and those commitments should be honoured in full.
It is nevertheless time to examine what the proposals for change
mean for the Union as a whole, and how our United Kingdom, built
on the twin principles of Union and Devolution, is functioning
for the benefit of all its citizens. Such an examination might
be undertaken most appropriately in a constitutional convention,
with citizen participation, to commence no later than the end
of 2015.
143 Political and Constitutional Reform Committee,
Consultation on A new Magna Carta?, Seventh Report of Session
2014-15, HC 599, paras 36-44 Back
144
The Implications of Devolution for England, Office of the Leader
of the House of Commons, Cm 8969, December 2014, p. 27 Back
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