Opinion
The Crown Estate: A constitutional crisis looms
Steve Wilson
A campaign has been growing in Wales to devolve the Crown Estate ever since Scotland took control over the assets of their Crown Estate back in 2017.
As the push towards energy from renewables has grown, so has the value of the Crown Estate in Wales. Extraordinarily so.
Take a look at the rolling hills of Cymru. The growing number of wind farms has a striking visual impact and powerfully outlines the growth in this industry.
However, more and more people want to know why this new industrial revolution is just like the old one, where the people of Wales have no ownership or derive little benefit.
The Welsh electorate have often been accused of lacking engagement in politics, however, the issue of extraction of profits from our natural resources is an ever present and emotive one amongst the Welsh community, and so it should be.
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Campaign
In February 2024, a ‘Devolve the Crown Estate in Wales’ campaign was launched by a partnership of campaigners.
Siarter Cartrefi, Cymdeithas Yr Iaith,Yes Cymru, Melin Trafod and others worked collaboratively to run the online launch event supported by Liz Saville Roberts Plaid Cymru MP and the former Labour MP Beth Winter.
Michael Sheen and Jerome Flynn supported with video messages. Over two hundred signed up and a working group was created.
This group agreed that this should be a single-issue campaign: to devolve the Crown Estate and direct the proceeds to a ‘Sovereign Wealth Fund for Community Benefit’.
One of the initiatives was to lobby our local authorities to support NOMs to devolve the Crown Estate. This would make the public mandate on the issue visible, incontrovertible.
A map posted by Yes Cymru graphically shows the growing support from local authorities. Seven authorities have already voted in support of devolution of the Crown Estate.
Five others will be voting on it in the new year. The campaign is growing. Welsh voices are coalescing around this issue.
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Democracy
Whilst Devolving the Crown Estate campaign may have started as a single-issue it is clear that another matter is fundamentally bound in with this cause, and that is democracy.
The matter of the devolution of the Crown Estate has been described by detractors as something for which ‘there is little appetite in Wales’. Wrong.
The Welsh Government has a clear position in favour of this. Thousands have signed petitions; a “YouGov poll” in 2023 showed a majority of people were in support of this. Labour, the Greens, Liberal Democrats and Plaid Cymru all support this.
It turns out that there is quite an appetite for ownership. For ownership of the crown estate, and, as it turns out, for ownership of energy too. So why the gas-lighting?
Westminster has taken a firm position on this issue. Their response to the Welsh Government is to deny the devolution of the Crown Estate.
They have their rationale, which crucially, does not acknowledge the mandate in Wales.
In July this year Baroness Carmen Smith asked Lord Livermore: "What discussions they have had with the Welsh Government about Devolving The Crown Estate?"
Lord Livermore replied: "The UK has had no discussions with the Welsh Government on Devolving the Crown Estate".
Interestingly at a public event in north Pembrokeshire in November, Mark Drakeford was asked about Lord Livermore’s response, Drakeford was clear that Lord Livermore was mistaken on this point and that there had been discussions. Confusing.
Lord Livermore also said: “Devolving the Crown Estate to Wales would most likely require the creation of a new entity to take on the role of the Crown Estate in Wales. This by definition would not benefit from the Crown Estate’s current substantial capability, capital and systems abilities.
"This would indeed further fragment the UK energy market by adding an additional entity and, as a consequence, it would risk damaging international investor confidence in UK renewables and disrupting the National Energy System Operator’s grid connectivity reform, which is taking a whole-systems approach to the planning of generation and network infrastructure."
Imperial hangover
Scotland has managed their Crown Estate assets very well indeed, what makes us in Wales less able to do the same?
This may all seem like procedural detail - navigation of a clumsy out of date system with all its ‘eccentric but benign idiosyncrasies’ - don't believe it.
The crown estate issue exposes the British State’s default when it comes to Wales. Its prerogative to keep a grip on Wales and its resources, to baulk at the slow but growing agency with which the Welsh are building their own self confidence and a desire for ownership and benefit from our natural resources.
When it comes to Wales, the so-called mother of all parliaments has no intention of addressing its imperial hangover, its grip on Cymru.
Energy, the devolution of the Crown Estate, is not just about logistics; the ownership of our natural resources is a moral imperative.
Whilst a third of children in Wales are growing up in poverty, with cash-strapped local authorities buckling under economic strain, money from our Crown Estate is extracted from Wales to Westminster and the Royal Family: yes, the King has his fingers firmly in the extractive pie too. Westminster must be persuaded that this is not ok.
The gist of the Westminster position is that they alone can manage the income from Welsh natural resources.
Nationhood
Lord Hain told the House of Lords: “Welsh Labour’s case is that devolving the Crown Estate is vital so that profits from leasing land for energy projects can be retained in Wales as they are in Scotland.’
Directing the profits from renewables to support Welsh communities is the most ethical and efficient way to manage and invest that money.
It is also the most democratic thing to do.
However, many fear it may well end up devolved, but only once its riches have been plundered.
The mandate in Wales is very clear, yet Westminster says no.
The democratic vacuum this creates is profound and for all to see.
The Welsh government needs to decide whether our nationhood is notional or real and, if real, they must take an urgent stand on this.
This deficit must be addressed and the strongest legal action taken to assert and implement our national mandate as soon as possible.
The disquiet and heat around this issue is morphing very steadily into a constitutional one.
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