5. Statement by the Counsel General and Minister for the Constitution: The Constitutional Commission

Part of the debate – in the Senedd at 4:31 pm on 19 October 2021.

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Photo of Mick Antoniw Mick Antoniw Labour 4:31, 19 October 2021

Can I thank the Member for his contribution? You have raised issues that are important in respect of your political position. Could I also thank your party for the engagement that I've had up until now? And, of course, there will be further engagement, because in several weeks' time, we'll be able to announce, hopefully, the full commission, and you'll then have a full picture of the commission at that stage. I'm pleased that the Welsh Conservatives will be participating in this process, and I think it is an important process. Whether your view is that you think it's necessary or not, nevertheless, we have a manifesto commitment for this commission, and that commission will proceed.

On the issue of independence, this isn't a commission that is about independence, it's not about unionism, it's not about federalism. It's about exploring the options that will improve the governance of Wales, the future of Wales, its role within the UK, and all the challenges that we know exist at the moment. It's no surprise to you—I've said it many times in this Chamber—that when I was a member of the inter-parliamentary forum, which was cross party across all Parliaments of the UK, both houses of Westminster, there was common recognition across parties that the current constitutional arrangements are not fit for purpose. I have said on many occasions that part of what the 'Reforming our Union' paper was about earlier on was offering solutions to that, and engagement. So, when the Member asks to what extent do we engage with the UK Government, well, unfortunately, we have put forward our proposals on a number of occasions. We've put forward the various recommendations, and, as they say, it takes two to tango. Unfortunately, there's been a single dance from our side. That is why we have to move to this stage now, and that's why we had the mandate during the election to actually have this independent commission.

In respect of Laura McAllister, she is someone who I believe has a reputation and credibility that runs across political parties. I think she is an ideal co-chair, working alongside Dr Rowan Williams. And, of course, on this commission, we're not talking about people who are there to represent a position of a political party; they're there for their skills and ability. I wonder if you would say the same thing about the director general of the BBC, who was a former Conservative candidate. Those points are made by you, they're entitled to an answer, but I think the proof of the pudding is in what Laura McAllister does, what the commission does. I don't think there can be anyone who will have listened to Radio Wales this morning and heard her description as to how she sees the commission going about its work, and exploring all the issues and options for Wales, and not be impressed. In fact, I'm sure you all were impressed. I appreciate they were points that you do have to make.

You make a point about the two years; well, it could be shorter. I think what is important, of course, is that one of the functions of the commission is, obviously, to influence what may happen in future general elections, to put forward a position from Wales, that we ourselves seize the initiative in terms of how we think the reforms to the UK could take place, and also what the options might be to Wales in respect of things that may happen that are beyond our control, whether it be within Scotland or whether it be within Northern Ireland.

With regard to the cost and remuneration, there will be a remuneration package that is similar to all the other commissions that are established. When you're asking people to take long periods of time and significant work out of their working lives, that is normal. I will write to you separately about those. Those will, of course, be published. I don't have the precise details that are there. Of course, there are members of the commission who are still potentially being engaged with a view to coming onto the commission.

In terms of the terms of reference or the broad objectives, it seems to me that the two broad objectives are clear. The danger is that to try and pad it out with a whole series of issues of this and that, what this might be and what this value might be and so on, becomes quite difficult. So, I am actually quite positive about the simplicity of the two broad objectives, but also, once the full commission is in place, that it will be in a position to actually, I think, develop what its strategic plan will be in terms of engagement, and how it's going to engage with the people of Wales and how it's engaged with the breadth of different views that exist.

In terms of the panel of experts, what we're looking at will partly depend upon the strategic programme, but also it will be a panel that will be there not for political positions, but for the skill and expertise that they have. So, there may well be a need for expertise in respect of business, in respect of finance, in respect of governance, in respect of international examples and so on. And I will report on that in a further statement as well.

Can I just say, in terms of the challenges that are ahead, that this is really about embracing the change that is there? Change is coming, change is going to occur, nothing stays still forever. We know of the dysfunction that currently exists. There was a politician who said:

'I...believe it is good for a country and its people to have its fate in its own hands and for their own decisions to matter. When I look round Europe, by and large it's the smaller countries, who...seem to have higher quality decision making....Being responsible for your own policies produces better outcomes.'

That was a quote from Lord Frost, and I think that exactly applies to the commission that we are setting up.

I think, really, what we are looking to is a form of constitutional levelling up. I think that's what we are looking for and what we are aiming towards. We're looking towards how we might take back control. All those slogans and statements that were made some time back are really something that are directly applicable, and, of course, that is exactly what Lord Frost was saying. I think the key is that the purpose of the commission is to embrace all across Wales and to build consensus. 

Perhaps I'll just finish with the positive comments that you made early on. I do look forward and I do hope everyone will positively engage. I know we have differences, but as we head forward together, I think it's important we try and build consensus on where change will work, ultimately, for the benefit of the people and the communities of Wales.