The problem at the heart of devolution is, and always
has been, that ‘power devolved is power retained’. It might be politically
difficult for Westminster to deliberately and blatantly remove powers from the
Scottish and Welsh parliaments, but it would be entirely legal under a
constitution which assumes that absolute power is vested in the monarch by god and exercised by parliament through the gracious consent of the monarch.
Devolved administrations are allowed to exercise such powers as the central
authority decides in the manner, and for so long as, that central authority
determines. The conceptual difference between that and a republican system
under which power belongs to the people and is exercised by governments on
their behalf and at their discretion – even if, in practice, the differences are
not so great as they are in theory – is huge. The underlying difference of
principle – whose power is it anyway – is fundamental.
Andy Burnham presents himself as a committed devolutionist,
which might look like a big plus for Wales and Scotland compared to what has
gone before. But, like all devolutionists, his starting point is that power is
owned by the centre and may be shared at the centre’s discretion. It means that
he can decide what is devolved and to whom, setting up a potential conflict
with the administrations in Cardiff and Edinburgh as he probably seeks to
devolve power to more local mayors. And it isn’t just powers currently held at
Westminster that he might be seeking to devolve – it is also those currently
exercised in Cardiff and Edinburgh that he is likely to want to devolve.
As a matter of pure principle, I would actually agree
that devolution shouldn’t stop at the national parliaments of Wales and
Scotland; it is a disappointment to me that Plaid’s long history of supporting
decentralising power within Wales seems to have gone into reverse somewhat
since the establishment of the Assembly/Senedd, as politicians came up against
the harsh reality that seriously devolving power necessarily means that
different areas will set different priorities. Leaving that issue to one side,
the question is: ‘who decides?’. Many – perhaps most – in Wales, and certainly
in Scotland, would argue that further devolution within those countries should
be a matter for the national parliaments but, for devolutionists, the issue of
which powers should reside where is a matter for central determination. Whilst
we in Wales might think that we have a Senedd in recognition of nationhood, to
a devolutionist, it doesn’t necessarily look that way at all.
Paradoxically, it could well be that it is a pro ‘devolution’
PM who poses the greatest challenge to what ‘devolution’ means for Wales. The
power has indeed been retained from the outset.