United Kingdom: The Union

Viscount Waverley Excerpts

Thursday 23rd June 2022 Lords Chamber

[Viscount Waverley (CB)]

The noble Lord has made an excellent suggestion which is worthy of note, and we should consider it further.

I can identify with many of the remarks already articulated, but had anticipated building on the theme and questioning whether the UK is, or even can be, governed effectively with the complex structure to which we adhere. That has been touched on by the noble Lord, Lord Wallace. We set out from a single premise —the break-up of the union as we know it is not unthinkable. We do not need to go far back in time to find an example: Yugoslavia comes to mind. Preparing remarks for today has presented a quandary as to whether drawing attention to the challenges, complexities and inadequacies goes counter to the future of unionism. I am of the camp that recognises the positive contribution of today’s debate, but with it the responsibility and indeed necessity of listening and understanding by government.

Keeping the union relevant by changing the attitude towards the state of the union is essential and should be asked with greater urgency. Care should be taken that malaise, with the many competing priority policy areas requiring attention, does not place consideration of this on the back-burner. The union has proved durable and flexible over the centuries, evolving to meet the needs and aspirations of the people with its significant strengths and benefits. Devolution in the United Kingdom has been much more oriented towards the idea of self-rule by the devolved Governments and much less focused on the importance and practice of shared rule by the four Governments across the United Kingdom.

Over recent years, Brexit and the pandemic have exposed the inadequacy of the established ad hoc and reactive approach to handling relations with the devolved Governments. The practical and existential question as to whom in the 21st century the United Kingdom serves requires a definitional and careful response. Brexit was an assertion made up mostly by the English, and for the most part this Government are considered to be an English one, and only occasionally a British one. In understanding that it was the English community living in Wales that tilted that country to leave the European Union, should we be reflecting on why the devolved nations voted therefore to remain in the European Union, and in varying degrees to exit the union of the United Kingdom? What is it about one state of a union that does not apply to the other?

An effect of Brexit has been to loosen the social contract binding Britain’s union of nations together, revealing the union as of the English, by the English, for the English. Taken as a whole, there is no example of a federal state anywhere else where one of the components of the federation is so large. Northern Ireland is on the Brexit front line, and the only part of the UK with a land border with another EU state. Brexit affects Northern Ireland more directly than any other part of the UK, so too affecting the Republic of Ireland more directly than any other member state of the European Union.

The UK exhibits one of the world’s most centralised governance systems, at the same time exhibiting among the highest inter-regional productivity and income inequalities of any industrialised country. Relations are overly informal, ad hoc, hierarchical, statist and ill equipped for dealing with contemporary policy challenges. It is this overly centralised governance that places the union in greatest jeopardy—and so the ultimate break-up of the union. The urgent rise of the levelling-up agenda is, I trust, more than simply a badging exercise. If we are serious about levelling up, we need to deliver by fundamentally recalibrating the lines by which our governance is drawn, making better and more creative use of the powers and potential of the constitutional settlement we have. This requires delivery through a world-leading Civil Service, as has already been touched on. Whitehall must take a leadership role with civil servants in each Government, spending time learning about how the other Governments work by developing and extending practices such as joint training events, shadowing schemes and secondments, all of which would help to promote mutual understanding of the different contexts across the UK.

It is not just leadership that must change but also the mentality that the Civil Service must bring to its work. A good understanding of UK governance and devolution should be a prerequisite for promotion within the senior Civil Service by direct experience of governance outside Whitehall, either in devolved or local government. Some say that further constitutional change is the only way to address the problems confronting the union of the United Kingdom. This is not the solution. The supporters of devolution in 1998 said the measure would not only strengthen the union but also kill support for Scottish independence. The argument essentially was that Scotland would have the best of both worlds—self-government and unionism—and so never feel the need for formal secession.

I end with this single conclusion. The more you give heed to devolved structures, the more you stoke the embers of eventual independence and, with it, profound constitutional change.

--- Later in debate ---

[Lord Desai (Non-Afl)]

My Lords, I too thank my noble friend Lord Lisvane for suggesting this topic. Going back to what I said earlier this afternoon and, again, talking about where I come from, India was supposed to have been acquired in a fit of absent-mindedness by the British. I think we have devolved in a fit of absent-mindedness. We have not devolved systematically; we have devolved by bits and pieces. That is the way we do things.

Let me start at the beginning: we are a union, not a federation. The problem is, can we become a federation while maintaining the unity of a union that is now coming apart? Because we do not do things formally, because we do things by bits and pieces and because our constitution is not unwritten but scattered all over the place—as the noble Lord, Lord Norton, has often reminded us—we have a very unsystematic way of doing things, but that is the way we do them. I think the time has now come to say that our unique pattern of doing things no longer works. The world has changed; people are very conscious of their rights across all classes. Therefore, it will not be possible for a few good chaps to come together and settle the problem.

At some stage, something formal will have to be done, if possible. The noble Lord, Lord Cormack, and other noble Lords have made suggestions. The Government will not do anything formal and systematic in this. They have absolutely no interest in starting all sorts of controversies that they cannot control. The only agency which can do anything about this is your Lordships’ House. The suggestion made by the noble Lord, Lord Cormack, is one that we should follow very seriously: to construct a meeting of the Parliaments of all the devolved Administrations, and your Lordships’ House, though not the other place, which has its own problems to deal with. Let us try to emulate what Scotland did: it had a convention which was informally and socially created, and which was discussing the problem of Scottish devolution ages before Scottish devolution was legislated. We need something like that.

Obviously, it would not have government authority or government sanction, but we ought to find ways of doing it informally, privately or whatever, meeting regularly to say, “This is a problem that we can all settle only jointly.” We must have serious lawmakers, lawyers and constitutional experts in our gathering, chosen from the already elected Members of the various legislative assemblies. A document of some sort could then be put forward that would prod any Government in power by then to do something systematic and thorough about preserving the union, and going from a union to a healthy federation of some sort. A union is too centralised a concept. India has become a union rather than a federation. I could bore all your Lordships on the difference between the Government of India Act 1935 and the Indian constitution, but that is for another day. It should be a federation, not a union.

I end by saying one small thing. When there was a proposal to reform your Lordships’ House during the coalition Government, we had a consultation by a Joint Committee chaired by Lord Richard. I submitted a note to that Committee, which is in print, suggesting that we should have a new version of your Lordships’ House, elected by single transferrable vote, from 10 regions of England and the three devolved Assemblies, with 30 Members each. If we had the House of Lords made up of people who were representing all the devolved nations and England, then we would have a federal Chamber.

We need the composition of a body as suggested by the noble Lord, Lord Cormack, to reflect that kind of balance. It should have people from each of the devolved agencies and from your Lordships’ House. It should work in its own time to propose a solution to the problem of the union. If we can do that, this alone will prod the Government of whichever party is in power to do something about it. Otherwise, Governments at the other end have no incentive to do anything about the union, because they have all the power and they are not going to give any of it up.

[Viscount Waverley (CB)]

My Lords, before the noble Lord, Lord Desai, sits down, I apologise for breaking in at the end of his remarks but if we were to agree and able to implement the suggestion of the noble Lord, Lord Cormack, this grouping should contain members of Sinn Féin and the SNP, so that we deal with all this in the fullest manner possible.

[Lord Desai (Non-Afl)]

I must confess that I am deaf, and the acoustics are absolutely terrible in here. I ask the noble Viscount if I can answer his question later on.