Opinion
The importance of firm foundations
Evan Thomas
Is Wales a country?
It depends, really.
Legally, no.
After our conquest in 1283, the Acts of Union in 1535 and 1542 absorbed Wales into England, and our land remains a component of the state of the United Kingdom and Northern Ireland to this day.
More technically, as our government doesn’t conduct its own foreign relations, we would fail under the Montevideo Convention’s criteria for statehood in international law.
Socially and culturally, yes.
We are our own separate people (the word “Welsh” derives from the Anglo-Saxon word for “foreigners”), we speak our own language and we possess our own history and traditions.
We compete with our own teams in international football and rugby and our country’s borders are well defined.
Most importantly, to varying intensities, many of us feel Welsh - it is often inextricably fused with our identity.
Here, we arrive at the difference between a state and a nation. The former is an organised political unit, which functions as as its own country and is recognised as such by the international community.
The latter is the product of a unified people who inhabit a particular territory.
[mid-content-banner]
Foundation
But why does this matter to us? Because it is the foundation of our existence. This answer is constructed upon two lines of reasoning.
Its first prong is patriotic in nature - our systems of government should reflect our perception of Wales.
The patriot believes in a Wales that is an independent state because they are Welsh. They believe that we are a distinct people, and they demand that we are able to govern ourselves consistently with this belief.
The second element focuses on our material wellbeing - it is becoming increasingly evident that under the control of a foreign government, our needs will never be fulfilled if their achievement were to conflict with other priorities.
The solution in response would be to control all political power in order to govern ourselves in the best possible manner.
Legislation
The Senedd and Welsh Government’s ability to operate effectively is directly tied to Wales’ structural foundations; all policy, legislation and action flow from the powers granted by Westminster via the Welsh devolution settlement.
We must therefore scrutinise our constitutional set-up as a matter of primary concern. Currently, too little attention is given to debates regarding the extent of our legislative competence and possible independence.
Welsh devolution is the most restricted of its kind in the UK.
Among the plethora of “reserved areas” found in the devolution settlement, where only Westminster can decide policy direction, are social security schemes.
In this space, there exists a two-child limit on universal credit and tax credits payments. This means that low-income families cannot claim additional money for their third, fourth or fifth (etc) child.
Controversially, Labour, staying true to their general election manifesto, have decided not to scrap the two-child cap, stating that the public purse could not fund it.
Instead, Labour have introduced the Child Wellbeing Bill, which will mandate free breakfast clubs at every primary school and limit the amount of branded items schools can require.
Inadequacy
This response highlights the importance, and inadequacy, of our foundations.
The Welsh Government’s Free Breakfast in Primary Schools scheme has been up and running for almost 20 years. Wales has even gone a step further and is aiming to provide free school meals to all primary school pupils by September 2024 under the Universal Primary Free School Meals initiative.
Devolution’s reserved model has placed a concrete ceiling on Wales’ ability to act in response to relative income poverty. Our Government and Senedd have reached their legal limit and they cannot pursue the systemic changes that are needed to confront one of our society’s most pervasive issues.
If we are adamant about lowering Welsh poverty levels, our foundations must be strengthened.
Assume that social security schemes were devolved, or that we were independent - Wales could provide £3,235 per year per child to the families of the 65,000 children under the effects of the the two-child benefits cap by simply removing it.
The impact of such reform cannot be understated. With this substantial sum of money, families can feed themselves, which improves their nutritional health, pay bills and rent, offer their children opportunities to join local sports teams, and much, much more.
Even if Wales chose not to lift the two-child welfare limit, it would be able to adapt its current social security schemes and introduce new provisions that target Welsh relative income poverty specifically.
Social security schemes are only one of the numerous reserved areas where the priorities, interests and beliefs of Westminster supersede that of Wales.
The revenues of the Crown Estate, Airport Passenger Duty (which is higher in Cardiff than Bristol merely to protect the English market), justice and energy are some of the other reserved areas that are essential to solving Wales’ challenges, yet remain out of our reach.
Application
Our foundations in devolution are weak.
Wales requires a more robust constitutional structure with authority over all policy areas in order to govern for the benefit of its people effectively. Independence and statehood are therefore not only the demands of the patriot, but also the Welsh citizen who desires a prosperous, functional and optimistic society.
Imagine that our Government and Senedd were a builder. They would need the correct materials to be able to do their job right, and the more substances that were available to them, the better the outcome of their work will be.
Would it be wise to give the builder sand to fill in the base? Is it the fair to prohibit them from using concrete? It would be foolish to describe the builder as having done a bad job in these circumstances.
Now, up the stakes. The welfare of the Welsh people depends on our constitutional makeup. Let’s give ourselves the right materials and build ourselves a country.
Evan is a recent LLB Law graduate from the LSE and an incoming LLM Devolution and Governance student at Cardiff University
Support our Nation today
For the price of a cup of coffee a month you can help us create an independent, not-for-profit, national news service for the people of Wales, by the people of Wales.
Get more trusted Welsh news
Choose Nation.Cymru as a preferred source in Google News to see more of our journalism.