The Union (Constitution Committee Report)

Lord Wallace of Saltaire Excerpts

Friday 20th January 2023 Lords Chamber

[Lord Wallace of Saltaire (LD)]

My Lords, I am a mongrel Scots-Englishman, with a father who served in a Highland regiment and a son in Edinburgh, so I am a natural unionist. However, it is clear that, if we are to maintain the United Kingdom, its constitutional arrangements must change. We should face the real possibility that we might not maintain the union.

As I came in today, I was thinking of the conference that took place in Prague in 1990, in which one of the Czechoslovak participants said, “I am Czech but my brother has decided he is a Slovak.” I remember, two or three years later, teaching students from what had been Yugoslavia—many were struggling with deciding whether they were a Bosnian, a Croat or a Serb, and feeling, as one of them said to me, “orphaned” by the collapse of the state.

The electoral system that we have at the moment accentuates the difficulties of holding the union together. We have, based on roughly half the population of Scotland, a phalanx of SNP MPs in the House and an underrepresentation of the other currents in Scottish opinion. We have a Conservative Government dominated by southern England, a Labour Party that represents Wales and the north, and a further party—mine—that hangs on to bits of south-west London, bits of north-east Scotland and wherever else we can manage in our electoral system to get through. That accentuates the problem, and I fear that, if we were to have another five years of Conservative Government, the union would break.

I want to talk briefly about chapter 7, on the governance of England, and chapter 3, on parliamentary sovereignty. This report rightly addresses the problem that England is the most overcentralised state in the democratic world and that it will be increasingly difficult to sustain the balance between England and the three devolved nations unless the governance of England is itself transformed. The political and economic imbalance within England is starkly portrayed by the betrayal of the grandiose promise of levelling up. Small packages of funding, distributed by Ministers according to opaque criteria, offer gestures from the centre without any sharing of power. I agree with the noble Lord, Lord Howarth, that there is a link here with public disillusionment in western politics and a sense of powerlessness, which I hear from friends and neighbours in West Yorkshire, when they say that “those people down in London” are neglecting Bradford, Leeds and the trans-Pennine rail route. That is all part of the disillusionment with our constitutional democracy.

I have lived between London and Yorkshire for 40 years and have witnessed the widening gap between London and the north, while local government has been weakened and shrunk through successive reorganisations, and local control of finance has shrivelled. The Government’s approach to the reorganisation of local government, as others have said in the debate, has been incoherent, with evident political bias in redesigning the shape and size of the new authorities and the powers that they are given. Almost every authority in Yorkshire and the majority of Yorkshire MPs stated their clear preference to maintain district authorities within a “One Yorkshire” regional authority. The Government nevertheless insisted on four sub-regions, each with an elected mayor but without an elected assembly to hold the mayor to account. London has a regional authority with local governments beneath it; the rest of England is denied that.

The regional centres of government that linked central departments to the concerns of the north-west, the south-west and elsewhere were abolished 12 years ago. The Government now think that sending contingents of civil servants to Durham or Lancashire to continue to carry out the instructions of Ministers in London amounts to some form of devolution. If they were to return to the regions and cities the powers that they held 50 years ago, the civil servants would, of course, naturally follow.

The Conservatives promised in their 2019 manifesto to set up a constitutional commission, but broke that pledge, like many others. I hope that the next Government will address the governance of England as a high priority. We will not succeed in reducing the acute inequalities between the south-east and the rest unless the political imbalance is redressed. As paragraph 267 of the report says:

“The devolution framework should include steps to achieve greater coherence in England’s sub-national governance arrangements to improve democratic accountability. We recommend the development of devolution within England should ensure greater alignment between subnational bodies to create functioning economic geographies which also respect local identities”.


Hear, hear. I agree strongly, and the Government are absolutely failing to do that.

A reformed second Chamber should play its part in this. Interparliamentary relations would work better if Members of the second Chamber were elected, directly or indirectly, on a national and regional basis, and saw it as their job to assert those regional and national concerns against the dominance of London. When I was appointed to this House, I hoped and assumed that I would make the transition from an appointee to an elected representative from Yorkshire when the next stage of reform brought us regional and national representation in the House. But Labour hesitancy on this, as on so many other issues, and Conservative opposition in the Commons, blocked the 2011-12 reform.

[Lord Cormack (Con)]

And a very good thing too.

[Lord Wallace of Saltaire (LD)]

This report reminds us that we will have to return to that, in spite of the resistance of the noble Lord, Lord Cormack.

I welcome the noble Lord, Lord Verdirame. I hope that his expertise as an international lawyer will feed into our debates on the topic of sovereignty and its place in the constitution of a multinational state. Constitutional discussions in the UK are blighted by the undue reverence still given to the views on sovereignty of Albert Dicey, an academic whose interpretation of sovereignty was twisted by his embittered opposition to Irish home rule and his consequent insistence that sovereignty was indivisible and rested in the Government who held the confidence of the Imperial Parliament. Sovereignty in the contemporary world has to be shared—upward and downwards, as the noble Baroness, Lady Bryan, was saying—with other states, and with the constituent bodies of states. The ideologues who deny that sovereignty can be shared with our neighbours are the same people who resist sharing it with Wales, Scotland and Ireland. It is they who threaten to destroy our union, just as their great-grandparents destroyed the union between Great Britain and most of Ireland. That is a real threat, and we have to adapt our constitutional arrangements to prevent it.