Changing the Oath of Allegiance

2. Questions to the Counsel General and Brexit Minister (in respect of his law officer responsibilities) – in the Senedd on 2 April 2019.

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Photo of Bethan Sayed Bethan Sayed Plaid Cymru

(Translated)

3. What discussions has the Counsel General held on whether the Assembly has legislative powers in relation to changing the oath of allegiance? OAQ53708

Photo of Jeremy Miles Jeremy Miles Labour 2:30, 2 April 2019

I've had no such discussions. The Assembly does not have legislative competence to amend the oath of allegiance, and we have no proposals to seek to expand the Assembly's competence in that regard. 

Photo of Bethan Sayed Bethan Sayed Plaid Cymru

Well, I just heard from a sedentary position somebody shout, 'Disgraceful'. But, as somebody who is a republican, I'd like the option to have that oath of allegiance to the citizens of Wales and not a body that embodies hereditary privilege and power that is often an anathema to the people of Wales. My paramount loyalty is to the people. Can you outline whether the Welsh Government could request the powers over the oath of allegiance to change, and whether you would be minded to consider amendments within the Senedd and Elections (Wales) Bill, which is looking at the changing of voting for 16-year-olds, is looking at changing the whole system, to allow the option to exist—I'm not saying to scrap it, for the monarchists in the Chamber—to allow the option to exist for those of us who do not wish to have an oath of allegiance to the monarchy to do a different type of oath, for a modern-day Wales?

Photo of Jeremy Miles Jeremy Miles Labour 2:31, 2 April 2019

Well, I thank the Member for that question. And the point brings to mind the petition that the Member of Parliament for Cardiff West, Kevin Brennan, presented in Parliament in 2006, which called for a law change to give Welsh Assembly Members the opportunity of pledging allegiance to the people of Wales, rather than to the Queen. The Welsh Government has no policy intention to seek to change that position. The legislation in Wales is mirrored, in a sense, with legislation in Scotland in terms of the restriction prohibiting the Parliament—the Assembly here—from amending the relevant legislation. [Interruption.] It is of course—as she mentions from a sedentary position—different in Northern Ireland, for reasons that are perhaps specific to Northern Ireland, and that is, I think, a rationale for a different approach. I happen to share her view that we would be better off with an elected head of state, but I would also say that, if you were to ask me to list perhaps the 10 main barriers to a better constitutional settlement here in Wales, I would easily be able to identify 10 that perhaps are more pressing and far-reaching than that particular point.