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Opinion

The importance of firm foundations

By Mark Mansfield
Welsh Flags

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.

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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

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30 comments

John Ellis

I don't at all dissent from the general thrust of this opinion piece, but I hesitate at the writer's assertion that '... our country’s borders are well defined'. Why? Because I live just about a mile west of one mute but still very well-defined demarcation of where, long ago, a ruler who back then had the power to do so reckoned the boundary between the Welsh and the English should be drawn: and that's Clawdd Offa. However, as a consequence of the changes and chances which happened in subsequent centuries, the contemporary border between England and Wales now in a number of places lies quite a long way eastward of the Dyke, incorporating into Wales considerable areas which king Offa and his thanes evidently once considered part of his kingdom of Mercia. That Wales exists as a discrete cultural and administrative entity is beyond doubt, and the seas sharply define Wales's limit to north, west and south. But to the east, exactly where Wales stops and England begins has always been a matter of debate, and will surely continue to be so. Especially, I suspect, if moves to develop Welsh autonomy even more distinctly were to progress.

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Padi Phillips

If you think that Wales and England have problems, you need to take a look at Belgium, or some other European countries! Borders also often change, so just because the current border doesn't conform to a border created a millennium ago doesn't establish that older border as the 'real' border. Irridentism is a dubious basis upon which to base any claim to territory, and in most modern contexts it's probably wise to leave well alone. Wales' current border was only defined in 1972 with the Local Government Act of that year. Previous to this, the situation of Monmouthshire was ambiguous. While borders may well be 'well defined' by a line on a map,. or by a feature of the landscape, that definition in human terms however, is going to be a heck of a lot more complicated - and the border that Wales and England share is no different.

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Ernie The Smallholder

This is why we need responsible and competent governments in Cymru and England to negotiate a proper settlement on our path to be a fully independent country. Both sides must realise that good relations between all countries and their people is best for the social and economic wellbeing of all peoples and allow for free trade and movement throughout the whole of the European Economic Area. This current constitutional arrangement is not good for either of the countries of the British Isles. The current 'Welsh' Labour government's idea of 2 governments working together must be clearly towards decentralising power from London to Cardiff, Edinburgh and Belfast leading towards a 4 independent nation solution. This may be the best opportunity we may have to improve our Cymru nation. With the UK still unstable in the long term we must all seize the moment. We can hope that England will always have governments comprising of (Labour?), Social democrats, Liberal democrats and Greens but past history shows England does always vote for rational politics.

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John Ellis

I did actually think of a possible analogy between the English/Welsh border and the odd centuries-old border anomalies near the Rhine estuary between the Netherlands and Belgium which were only finally rationalized just a few years back. Until I read the news story about the agreed border rationalization there, I'd had no idea that in that part of the world there'd for centuries been tiny bits of Belgium entirely surrounded by Dutch territory and vice versa. But I thought that the comparison was insufficiently exact, because people living along that border had known nothing else, probably since the days when those two nations were the United Provinces and the Spanish Netherlands in the 17th century. The locals there had lived, apparently contentedly, with a rationally rather senseless border, while the English and Welsh have lived with an essentially unitary state since the acts of union in the 1430s - at least until it was significantly chipped away by devolution in 1999. I agree entirely with you that borders have - inevitably - shifted over time and that in reality there's never a definitive 'real' border - except possibly where the sea, a very high mountain range or an unusually wide river creates an obvious natural one. But that principle no less applies to possible proposed future political changes affecting a border as well as to past historic ones; and from experience gained through living in various Welsh places more or less adjacent to the current border with England, I think that a more 'separate' autonomous Wales within its precise current borders would inevitably trigger problems, both practical and logistical and in terms of securing the consent of the people who actually live in certain border areas.

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Mawkernewek

Was the conquest in 1283 legal military action, or was it an illegal invasion?

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Padi Phillips

Does it really matter? In any case, the terms of engagement in ancient times were somewhat different to today, and no-one in the late 13th century would have understood the modern concept of nationhood, which, as we understand it, is a late 18th century phenomenon. We're much better off just considering the situation today, and working from that, rather than worrying our heads over what a couple of opposing tyrants fighting over whose version of toxic feudalism they were going to impose on anyone who didn't happen to be them.

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And

Tbf. As much as Independence is about creating solutions to tackling the barriers that prevent us fixing our problems... those historical events also play a part in our concept of identity today whether we're consciously aware of that or not. Fact that land was stolen by the Crown - land which finds itself within Crown Estates may well turn out to be quite pertinent in bringing the establishment to the table.

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John Ellis

The mediaeval mind - at least the more educated examples of it! - was extremely keen on law and lawfulness. But nevertheless the normal strategy of rulers as far back as that was to assemble a phalanx of lawyers who would build a case for doing whatever the ruler had determined that he was going to do. So, inevitably,. they'd say that it was 'legal military action'!

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Arthur Owen

I don't care much and you can be certain that 99.9% of English people care a lot less than that.

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Riki

Didn't know you needed to annex something that already belonged to you, wouldn't Wales already have belonged to England on the Tudor ascendancy? Oops, have I found a plot hole!.

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Jack

Illegal invasion of what? Wales did not exist then - separate, independent principlaities...

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Johnny Gamble

Rubbish, at the time of the Death of Llywelyn ab Iorwerth in 1240 Llywelyn extended his rule from Gwynedd to the rest of Cymru other than the anglo Norman settlements of Pembroke,Gower and Vale of Glamorgan.

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In reply to Johnny Gamble

Mark

What I don't understand is why so many people respect Llywelyn ab Iorwerth's conquest of land to the south, but form a diametrically opposed opinion of Henry III's conquest of land to the west.

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In reply to Mark

Padi Phillips

Double standards. Llywelyn ab Iorwerth was just another feudal landgrabber, much like Henry III. The various Lywelyns are often very popular with our won home grown Blood & Soil fraternity.

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Nia James

Some really good points Evan. I raised the Cardiff-Bristol Air Passenger Duty disparity a few years back, and the response from Tories was that we are not separate jurisdictions but, in this instance at least, merely EnglandandWales (and we all know who benefits from that arrangement). I have long thought that rather than our schoolchildren being drilled in the ways of the Nazis or told another yarn about some moribund Plantagenet King, they should be asked to construct a Welsh Constitution, for their and our mutual benefit. I recently reread this and thought that it could be a good starter for people to build upon: 022021-Wales-constitution.pdf (iwa.wales)

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Y Cymro

Why is it that the writer of this article doubts Wales right to call itself a country where in the same breath doesn't apply the same argument to England, Scotland & Northern Ireland who also don't conduct their own foreign policy too , or even have their own official government in England, well not in name anyway, although we all know they do. It's called Westminster. Yes, Wales was officially invaded in 1283 by the Anglo Norman invasion under Edward 1st, but in reality the rot started when the Saxons entered our island the 380s. Our border is an artificial construct defined by the Germanic Saxons who later became the English in 927AD when the Angles, Saxons, Jutes & Frisians unified under one king. And less we forget. Welsh territory was much larger once , the size of England & Southern Central Scotland in fact. And yes those territories & kingdoms were separate entities , often waring among themselves , but those kingdoms spoke the same language, worshiped the same deities and regarded themselves as the same people and why those referred to themselves as Cymry, as seen with Cymru, Cumbria, Cumberland, Cumknock... All names mentioned above are of Welsh origin, in some cases have been corrupted, as seen in Gloucester where the English added the word Cester (Latin for fort) replacing the original Welsh "Caer" as in Caer Gloui, Caer (Fortress) Gloui (Shining/Bright) likely denoting a Fort where a forge was located. History is often recorded by the invader not the victim. England was our land once hence the term Lloegr denoting Lost Lands. And Hen Ogledd meaning old North that encompassed Northern England & Southern/Central Scotland were inhabited by tribes who were Brythonic speaking such as Rhedeg, Elmet, Allt Clut, Y Gododdin recorded by Welsh scribes as if left to the English would have been erased from time. As highlighted. Those lost Welsh kingdoms in England were erased from the history books but the linguistic & physical evidence evidence of those Cymry people still remain in their place names & standing stones throughout England such as Avon , Kent, Torquay, London, Wigan, Gloucester, Devon etc... Today we see Ukraine annexed by Russia and those nations like England & America who themselves have invaded and destroyed native peoples land should know all too well what process that entails. I don't like to be called Welsh or my country Wales because unlike most who don't have clue or care that they are slighted with the name foreigner when we are the true native Britons and those who slighted us are the real foreigners. Our true name is Cymry and our country called Cymru. I am not a stranger or foreigner in my own land. The name Cymru was recorded by the Romans and latinised as Cambria. It is also part of the geological periodical chart along with other native Cymry tribal names such as the Silures, Ordovices & Devonian. Never forget your history as others will write it for you, or in our case, write us out of it.

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S Duggan

It's good to see an article laying out some of the potential benefits of independence. No one says independence would be easy but control of our destiny would be completely in our own hands. The Senedd has achieved many progressive aims - free school meals for primary school children is just one area. Imagine how we could move our country forward with full, unrestricted power. I am looking forward to the day when independence is a reality and we can finally address major issues, such as our chronic child poverty levels and the injustice of the Crown Estates.

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Gwyn Hopkins

The fact that Wales is a Country in its own right was officially recognized by the influential United Nations “International Organisation for Standardisation” in December 2011. That fact should be good enough for any doubters.

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Mark

1.There is a thin line between defining a country as 'a distinct people' and racism. Perhaps the author can comment on how he distinguishes the two. 2.It is interesting how much of this article is spent discussing child benefit. Independence would indeed give us the ability to increase welfare spending, but it would also remove the ability to expect the English tax-payer to contribute to our welfare spending. 3.Can the author please explain his assertion that APD is higher in Cardiff than Bristol? My understanding is that they are the same and the Welsh Government has argued for this to be devolved in order to give Cardiff an unfair advantage. Cardiff airport's biggest problem is not APD but the fact that it is owned by an organisation that is ideologically opposed to fossil fuels, i.e. the Welsh Government.

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Riki

Wales was conquered in 1282? Did someone tell the Tudors?! Cause surely they wouldn't have needed to annex it had Wales been conquered!!! They would have already inherited it on their ascendancy to the English throne.

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Riki

Massive plot hole in the - England conquered Wales Narrative. Had they done so, wouldn't Wales have already belonged to England on the ascendancy of the Tudors?!, if it had, annexation would be pointless. So what happened between 1282 and 1536 that would force the Tudors to have to annex it? Any takers? If you were to say Owain Glyndwr, we'll done!!!!

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Welsh_Siôn

As a fellow LLB. (Hons.) graduate, I'm sure M'Learned Friend is awarte that the so-called 'Acts of Union' 1535-1542 have been repealed. See, Schedule 2 of the Welsh Language Act 1993. This means then that we are no longer in 'union' with England. The provision for any legislation referencing England to automatically include Wales was repealed much earlier - in 1967 in fact, under the first Welsh Language Act.

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Annibendod

Harri 8fed decided annexation was necessary because he wanted to unify his kingdom under the same laws. Prior to that there had been a mismash of Welsh Law and English Law being applied in different cases. It was about him consolidating power. Not sure what Glyndwr has to do with the acts of union which came a great deal later. There are some getting hot under the collar about our history (and getting details wrong). There's this narrative that the nasty English did this to us all. Well, genetics show us that the English are for the most part descended from Britons. Linguists tell us that just as Brythonic came to these shores and became the lingua franca, so did English - not by out and out conquest but by natives assimilating the newcomers. The old Britons in Lloegr became first bilingual and then English. Throw the Scandinavians and the Normans into that mix and you have the makings of that cultural artefact we call the English Nation. We out west retained our language and traditions and took on our own path to being Y Cymry. Now, while all this was emerging, our leaders and English leaders were interacting in all sorts of ways, from hostilities to pacts. But there was never really a threat of invasion untill the Normans showed up. They carved up our southern lands and our border with England. Their successors, the French Plantagenets were the ones who finally did for us under the brutal reign of Edouard. That world was a feudal world, centered around the military and political domination of France. This is why later, Glyndwr looked to France for support. He was let down by the politics of his age. Of course, this is important for us to understand how we got to be where we are but it's no cause to go pointing our fingers at "the nasty English". I'm sure someone will point out the bigotry that has come our way from some English folk. Yes, some of them are bigoted anglo-supremacists and others are lesser cultural chavinists. But they are the minority and there are plenty of bigoted and superior feeling Cymry about too so lets treat those people with the dignified patience they require to be educated out of their ignorance. The fact is that our nationhood, which is an incontavertable fact, is a cultural construct of people who are members of the community of Cymry. It is up to us whether or not that lives or dies. It only lives by our active participation in its culture and traditions. I will say plainly that those who wish to pursue blood and soil nationalism and narratives about our history spun to support that world view, do our nationhood more harm than good. There is one specific modern relevance wrt the Plantagenet conquest of Wales and the Tudor annexation. It is that there has never been an explicit specific popular mandate for Wales to be part of the Kingdom of England and Wales and therefore the UK. There is presumed consent insofar as we have always returned majorities for Unionist parties since the franchise was given to working men in the nineteenth century. However, since there was no treaty between our leaders and England's, the acts of union do not have our explicit consent. Which means that Wales does not need a referendum to establish our own State. We would need a clear democratic mandate which could come at a Senedd or GE. As soon as there is a clear majority for a Welsh State, we legally only need to establish a constitutional convention and our MS's & MP's can vote to leave the UK. All we need to establish is that it is the democratic will of the majority. Which is why a referendum is a bit more clear cut and leaves less room for it to be contested so it remains the easier route ... but if they refuse we have an alternative. Bear in mind, we would need international support to do this. Best way to get that is to win our electorate over and demonstrate the support in a way that is recognised as a democratic mandate. So there we are. A bit of history and its contemporary political relevance. Shall we crack on with the task in hand? Personally, I'd like to continue on friendly terms with England once we achieve our Statehood - half my family are English. That is the pluralistic nature of modern Britain.

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Padi Phillips

I think you'll have upset quite a few people with your deconstruction of the 'nasty English person' myth who always seems to be blamed for all things bad in Wales. I also think there will be some who will struggle with the notion that some Cymry can be narrow-minded bigots too. But hear hear! It's good to see some sense about Welsh history written for a change, rather than the usual drivel that is so full of holes that it's difficult to know where to start and always leaves one wishing the subject was properly taught in schools.

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Jack

Storm in a teacup. Does anyone believe that increased devolution or a referendum on independence will ever happen in the forseeable future? I don't. The Westminster Government which thought of going that way would be destroyed in a UK election - and the amount of Welsh seats are so few it would not matter. The SNP has shown the problem...

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Mark

Correct. The SNP has shown that obsessing with independence instead of focusing on running Scotland has led to a decline in public services. Doing this against the will of the people has created unnecessary division. These two factors combined with its unpopular far-left agenda has destroyed the SNP as well as harming the interests of Scotland and the Scots. I would suggest this isn't the best model for Wales to follow.

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Padi Phillips

Oh FFS grow up, and stop coming out with utter bilge about the SNP being 'far-left'. At it's very worst the SNP can be accused of being social democrat in nature. Granted, they have taken their eye off the ball somewhat and prioritised independence over other more pressing issues, but it has also been in a bit of a cleft stick situation in that the only way of ensuring long term improvements to the lives of Scottish citizens is through independence. While the Scottish Government enjoys more leeway in how it runs Scotland, like Wales it is still hidebound by the limitations of the devolution settlement where the Scottish Government, and by default Scotland itself is subordinate to the English dominated Parliament at Westminster. The SNP may have failed to hold on at a Westminster parliamentary level, (plus the desire to be shot of the Tories cannot be discounted in terms of the level of Labour support in Scotland) but it's way too premature to dismiss the SNP at a Hollyrood level. The SNP has held political power in Scotland since 2007, that it still holds power under a much changed political and economic environment says a lot for the party's stamina, as well as an indication that they are getting most things right, though the recent decision to toe the line determined and follow Reeves utterly disgusting decision to withold the Winter Fuel Payment to millions of state pensioners is an indication that they are starting to make really bad decisions. What Starmer, Reeves and the Scottish government will have to realise is that trying to make neoliberal economics work is doomed to failure, no matter how many warmed over ways they try to implement stupid policies that steal from the poor to give to the rich. They've been told, and, just as the Tories were warned that they were giving the recent election to Labour on a plate, Starmer & Co are giving the 2029 General Election to Farage and Reform UK, creating the far-right hell hole you seem to desire.

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Annibendod

I don't agree. I've had many positive conversations with English folk who agree that the UK is dysfunctional and needs replacing. Our problem lies with the party politics as they stand. It makes it difficult to break the Westminster consensus. In fact, sustaining Plaid/SNP majorities over time is the best way to break that consensus. SNP have not taken sufficient advantage of their electoral successes. Too much time spent trying to ask nicely.

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Johnny Gamble

Just ask how many people in England who are open to the idea of English Independence and you will be surprised at the amount that would be in favour.

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Jonathan Edwards

Yes we need foundations. We don't have them. So ET is right: we need to build them. How? Work towards a Constitutional Convention. Got a draft Nia James? Lets go!

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Replying to Padi Phillips Cancel

Double standards. Llywelyn ab Iorwerth was just another feudal landgrabber, much like Henry III. The various Lywelyns are often very popular with our won home grown Blood & Soil fraternity.

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