UK Government Union Capability

Baroness Hayter of Kentish Town Excerpts

Thursday 1st July 2021 Lords Chamber

[Baroness Hayter of Kentish Town (Lab)]

My Lords, we have heard some heartfelt speeches today, which I hope will nudge the Government to move rather more speedily than thus far, both in replenishing devolution settlements and in safeguarding the union—indeed, creating a better union, in the words of the noble Lord, Lord Howell—because “snail’s pace” best describes the progress so far. The direction may have been acceptable, but not the velocity—though I have to say the picture of the English flag over HMT on Tuesday, with no equivalent Welsh flag earlier, did not really feel like a Government for all the Kingdom.

As we have heard, it took 16 months to publish Dunlop, and even then, there was not the courtesy to share its contents with the Welsh Government in the interim. The review of intergovernmental relations, meanwhile, specifically excluded consideration of the powers or responsibilities of the devolved Administrations and their legislatures, despite the need, so many years after their establishment, to think about possible changes. This was a pity, though it did cover some important areas, such as how the UK Government work within a devolved world.

The noble Lord, Lord Dunlop called for a full-time Cabinet Minister with responsibility for the union. As he said, that would be a test of whether the Government were serious about the sort of change needed to protect the union. Regrettably, the Prime Minister has instead taken to himself the title Minister for the Union—a bit like “President for Life” or “Master of all things” in some less democratic traditions—although, importantly, this is despite the fact that he clearly cannot be working full-time on this issue, as the noble Lord, Lord Bruce, has just noted. Some urgency is definitely needed.

I recently visited the Nero exhibition at the BM. Its theme was that Nero did not actually fiddle while Rome burned. However, if the Prime Minister and, indeed, Mr Gove do not put down their lyres and pick up some real constitutional tools, future historians will ask: what on earth were they doing, even as the devolved nations tired of being ignored, their decision-making rights being undermined and a fair distribution of the country’s wealth and opportunities not being shared? This is not just a Labour view. The noble Lord, Lord Lang, talked of wasted years, and I read on ConservativeHome—my reading of choice—that

“pro-Union Tories are also concerned that … the Government has instead relegated”

the issue of the union

“to a lower priority. They’re squandering the opportunity … the Government is simply offering a series of announcements ‘of varying quality’ and with no obvious theme.”

In his most impressive opening speech, the noble Earl, Lord Kinnoull, said that this debate was about a major part of the UK’s internal soul. Indeed, many of us feel that. A genuine look at the future of the union should take account not only of the fallout of the Scottish referendum and subsequent developments but of two post-2016 factors. The first is that the different parts of our union did not all take the same view of continuing EU membership. Secondly, the repatriation of former EU powers in areas of devolved competence necessitates a far greater and embedded system of intergovernmental relations.

As the noble Earl reminded us, back in 2017 his committee heard calls for

“fundamental reform … to give the devolved institutions a more formal role in UK decision-making post-Brexit”.

Since then, we have sometimes seen consultation, but no shared decision-making. This led, as pointed out by my noble friend Lord Murphy, the Welsh First Minister to label the very future of the UK “fragile”, because of the UK Government acting too “aggressively” and without regard for the status of the nations and the democratic mandates of their Governments.

This Government’s internal market Act and its expenditure in areas of devolved competence have stretched good relations between the UK’s elected Administrations. Launching his alternative Reforming our Union document to make the UK stronger, Mark Drakeford said that relationships within the UK need to be “reset”, with the union of Scotland, Wales and Northern Ireland based on “a partnership of equals”. Mr Drakeford said that

“where the UK government acts in an … unilateral way on behalf of the whole UK, without regard for”

the devolved nations, it

“inevitably creates anger and alienation”,

and lacks the essential

“constructive and collaborative relationship between the governments”.

So change is needed if we are to prevent the break-up of the UK.

The UK is a voluntary union of four nations, a “multinational state” in my noble friend Lord McConnell’s choice of words—a successful multinational state. But it is a voluntary union of which devolution is a permanent feature, which cannot be undone without the agreement of the peoples of Scotland, Wales and Northern Ireland. Like my noble friend Lord Murphy, Mark Drakeford, the First Minister, called for the House of Lords, provided it represents all four nations, to be given the job of protecting the constitution and devolution.

Wales’s 20-point plan included a constitutional convention, which, as my noble friend Lady Bryan mentioned, was called for in the Conservative manifesto. The UK Government’s response to the Welsh plan said:

“Choosing to prioritise constitutional issues in the middle of a pandemic is an irresponsible and unwanted distraction.”


How wrong, my Lords. It ignores the fact that, since 2017, pre Covid, nothing has been done, but it also reflects a lack of urgency—indeed, a lack of concern that something is amiss in the four-nation relationship and our governance—for a post-Brexit devolved settlement, and a lack of respect for the devolved Administrations. The word “respect” was used by the noble Baroness, Lady Fraser, my noble friend Lord Davies of Brixton and the noble Lord, Lord Dodds— respect for the devolved settlements. I hope the lack of urgency and dismissal by the Government will not be repeated by the Minister as he responds to this debate.