Royal Commission on the Constitution (United Kingdom)
Encyclopedia
The Royal Commission on the Constitution, also referred to as the Kilbrandon Commission (initially the Crowther Commission) or Kilbrandon Report, was a long-running royal commission
set up by Harold Wilson
's Labour
government to examine the structures of the constitution of the United Kingdom
and the British Islands
and the government
of its constituent countries, and to consider whether any changes should be made to those structures. It was started under Lord Crowther
on 15 April 1969, Lord Kilbrandon
took over in 1972, and it finally reported on 31 October 1973.
Various models of devolution
, federalism
and confederalism
were considered, as well as the prospect of the division of the UK into separate sovereign states. Northern Ireland
, the Channel Islands
and the Isle of Man
were dealt with separately from the core issue of Scotland
and Wales
.
A total of 16 volumes of evidence and 10 research papers were published between 1969 and 1973. The final report was delivered to Ted Heath's Conservative
Government, which had come to power at the general election in June 1970
. The report rejected the options of independence
or federalism
, in favour of devolved, directly elected Scottish
and Welsh assemblies
. Two members of the Commission, Lord Crowther-Hunt
and Professor Alan Peacock, did not sign the report, disagreeing with the interpretation of the terms of reference and the conclusions. Their views were published in a separate Memorandum of Dissent.
or full independence
for Wales
and Scotland
, which came into public focus after the ground-breaking by-election wins of Plaid Cymru
's Gwynfor Evans
at the Carmarthen by-election, 1966
, and the Scottish National Party
's Winnie Ewing
in Hamilton in 1967
.
To examine the present functions of the present legislature and government in relation to the several countries, nations and regions of the United Kingdom;
To consider, having regard to changes in local government organisation and in the administrative and other relationships between the various parts of the United Kingdom, and to the interests of the prosperity and good government and our people under the Crown, whether any changes are desirable in those functions or otherwise in present constitutional and economic relationships;
To consider also whether any changes are desirable in the constitutional and economic relationships between the Channel Islands and the Isle of Man.
(1969 until his death in February 1972), Lord Kilbrandon (from February 1972).
Members: David Basnett
(resigned before 1973), Lord Crowther-Hunt, A T Davies, Lord Foot, Sir Mark Henig, Douglas Houghton
(resigned before 1973), Selwyn Lloyd
(resigned before 1973), Dr J B Longmuir, Professor FH Newark, Professor Alan Peacock (appointed 1970), Sir David Renton, Professor D J Robertson (died 1970), Sir James Steel, Professor Harry Street, Sir Ben Bowen Thomas
and Mrs N K Trenaman.
for Scotland
. Executive power would be exercised by ministers appointed by the Crown from members of a directly elected assembly. Areas of responsibility to be transferred to the devolved body would be some of those already under the supervision of the Secretary of State for Scotland
and the Lord Advocate
. These included:
Responsibility for agriculture, fisheries and food would be divided between the Assembly and the United Kingdom government, while the latter would retain control of electricity supply.
With the establishment of the devolved government, it was proposed that the number of MPs
elected to Westminster from Scottish constituencies
would be reduced from 71 to about 51.
The assembly was to be a single chamber body of about 100 members, elected under the single transferable vote
system of proportional representation
, with multi-member constituencies. The Commission did not propose to give the assembly a name, feeling this was a matter for the Scottish people, although the term "convention" had been suggested. The determination of the number of seats and boundaries was to be reserved to the United Kingdom parliament.
The new constitutional arrangements would not require the appointment of a governor, while the title "Scottish Premier" was suggested for the head of the executive.
The office of Secretary of State for Scotland would be abolished, although a cabinet minister would continue to have special responsibility in representing Scotland as well as having other duties.
As in Scotland, a 100 member unicameral assembly was proposed, elected by proportional representation. A title suggested to the commission for the body was "Senate". Similarly, the head of the executive might be titled "Welsh Premier", and the office of Secretary of State for Wales
would be abolished. The number of Westminster MPs elected by Welsh constituencies would be reduced from 36 to about 31.
In each case the regions to be used were to be those already established for economic planning, with boundaries adjusted to reflect the changes made by the Local Government Act 1972
, although names were not suggested:
existed that claimed a separate national identity for the Cornish people
, and who wished to have separate arrangements for their government. They however felt that "despite its individual character and strong sense of regional identity, there is no evidence that its people have a wish to see it separated for the purposes of government from the rest of England". However they recognised that"the people of Cornwall regard their part of the United Kingdom as not just another English county" and accordingly they recommended that the designation "Duchy of Cornwall" be used on all appropriate occasions to emphasise the "special relationship and the territorial integrity of Cornwall".
, for which the Northern Ireland Constitution Act 1973
had made provision. However, the report did recommend that the number of Westminster MPs from the province be increased in line with the rest of the UK, from 12 to about 17.
and the Isle of Man
. They rejected a suggestion that responsibilities for external affairs be divided between the UK and island governments, but supported a Home Office
proposal that a more formal process of consultation be carried out in future over the application of international agreements in the islands.
, one for Scotland, one for Wales and five Regional Assemblies in England
. They would have considerably greater powers than proposed in the majority report, taking over much of the machinery of central government within their area, and each having their own civil service. They would also replace ad hoc
authorities such as regional health authorities and water authorities, which were due to be introduced in reorganisation of the National Health Service
and water industry. They would also have supervisory powers over gas and electricity boards. They would also be able to make policy through strategic plans for the physical, social and economic development of their regions.
A Minister for the Regions would hold a cabinet seat.
Democracy and Devolution: proposals for Scotland and Wales based on the final report in September 1974. The white paper led directly to the unsuccessful Scotland and Wales Bill, which was withdrawn in February 1977. Two separate pieces of legislation were passed in the following year: the Scotland Act 1978
and the Wales Act 1978
. The provisions of the Acts would not come into force unless approved by referendum
s, and accordingly Scottish and Welsh devolution referendums were held on 1 March 1979. The Welsh assembly was rejected by a majority of voters, while Scottish devolution was supported by 51.6% of those voting, or 32.9% of those on the electoral register. An amendment to the Scotland Act, introduced by government backbencher George Cunningham
, had specified that it must have the support of 40% of the entire electorate, and the referendum was lost. The results of the referendums led to the repeal
of the respective Acts in March 1979. A vote of no confidence was subsequently lost by the government on 28 March when the Scottish National Party voted with the Conservatives, Liberals and Ulster Unionist Party, leading to the general election of 1979 and the beginning of 18 years of Conservative rule.
Scottish and Welsh devolution was finally implemented under the next Labour government, elected in 1997, by the Scotland Act 1998
and the Government of Wales Act 1998
.
Royal Commission
In Commonwealth realms and other monarchies a Royal Commission is a major ad-hoc formal public inquiry into a defined issue. They have been held in various countries such as the United Kingdom, Australia, Canada, New Zealand, and Saudi Arabia...
set up by Harold Wilson
Harold Wilson
James Harold Wilson, Baron Wilson of Rievaulx, KG, OBE, FRS, FSS, PC was a British Labour Member of Parliament, Leader of the Labour Party. He was twice Prime Minister of the United Kingdom during the 1960s and 1970s, winning four general elections, including a minority government after the...
's Labour
Labour Party (UK)
The Labour Party is a centre-left democratic socialist party in the United Kingdom. It surpassed the Liberal Party in general elections during the early 1920s, forming minority governments under Ramsay MacDonald in 1924 and 1929-1931. The party was in a wartime coalition from 1940 to 1945, after...
government to examine the structures of the constitution of the United Kingdom
Constitution of the United Kingdom
The constitution of the United Kingdom is the set of laws and principles under which the United Kingdom is governed.Unlike many other nations, the UK has no single core constitutional document. In this sense, it is said not to have a written constitution but an uncodified one...
and the British Islands
British Islands
British Islands is a term within the law of the United Kingdom which since 1889 has referred collectively to the following four states:*the United Kingdom of Great Britain and Northern Ireland ;...
and the government
Government
Government refers to the legislators, administrators, and arbitrators in the administrative bureaucracy who control a state at a given time, and to the system of government by which they are organized...
of its constituent countries, and to consider whether any changes should be made to those structures. It was started under Lord Crowther
Geoffrey Crowther, Baron Crowther
Geoffrey Crowther, Baron Crowther was a British economist, journalist, educationalist and businessman. He was editor of The Economist from 1938 to 1956.-Early life and education:...
on 15 April 1969, Lord Kilbrandon
Charles Shaw, Baron Kilbrandon
Charles James Dalrymple Shaw, Baron Kilbrandon PC was a Scottish judge and law lord.-Family and education:...
took over in 1972, and it finally reported on 31 October 1973.
Various models of devolution
Devolution
Devolution is the statutory granting of powers from the central government of a sovereign state to government at a subnational level, such as a regional, local, or state level. Devolution can be mainly financial, e.g. giving areas a budget which was formerly administered by central government...
, federalism
Federalism
Federalism is a political concept in which a group of members are bound together by covenant with a governing representative head. The term "federalism" is also used to describe a system of the government in which sovereignty is constitutionally divided between a central governing authority and...
and confederalism
Confederation
A confederation in modern political terms is a permanent union of political units for common action in relation to other units. Usually created by treaty but often later adopting a common constitution, confederations tend to be established for dealing with critical issues such as defense, foreign...
were considered, as well as the prospect of the division of the UK into separate sovereign states. Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
, the Channel Islands
Channel Islands
The Channel Islands are an archipelago of British Crown Dependencies in the English Channel, off the French coast of Normandy. They include two separate bailiwicks: the Bailiwick of Guernsey and the Bailiwick of Jersey...
and the Isle of Man
Isle of Man
The Isle of Man , otherwise known simply as Mann , is a self-governing British Crown Dependency, located in the Irish Sea between the islands of Great Britain and Ireland, within the British Isles. The head of state is Queen Elizabeth II, who holds the title of Lord of Mann. The Lord of Mann is...
were dealt with separately from the core issue of Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
and Wales
Wales
Wales is a country that is part of the United Kingdom and the island of Great Britain, bordered by England to its east and the Atlantic Ocean and Irish Sea to its west. It has a population of three million, and a total area of 20,779 km²...
.
A total of 16 volumes of evidence and 10 research papers were published between 1969 and 1973. The final report was delivered to Ted Heath's Conservative
Conservative Party (UK)
The Conservative Party, formally the Conservative and Unionist Party, is a centre-right political party in the United Kingdom that adheres to the philosophies of conservatism and British unionism. It is the largest political party in the UK, and is currently the largest single party in the House...
Government, which had come to power at the general election in June 1970
United Kingdom general election, 1970
The United Kingdom general election of 1970 was held on 18 June 1970, and resulted in a surprise victory for the Conservative Party under leader Edward Heath, who defeated the Labour Party under Harold Wilson. The election also saw the Liberal Party and its new leader Jeremy Thorpe lose half their...
. The report rejected the options of independence
Independence
Independence is a condition of a nation, country, or state in which its residents and population, or some portion thereof, exercise self-government, and usually sovereignty, over its territory....
or federalism
Federalism
Federalism is a political concept in which a group of members are bound together by covenant with a governing representative head. The term "federalism" is also used to describe a system of the government in which sovereignty is constitutionally divided between a central governing authority and...
, in favour of devolved, directly elected Scottish
Scottish Assembly
The Scottish Assembly was a proposed legislature for Scotland that would have devolved a set list of powers from the Parliament of the United Kingdom...
and Welsh assemblies
Deliberative assembly
A deliberative assembly is an organization comprising members who use parliamentary procedure to make decisions. In a speech to the electorate at Bristol in 1774, Edmund Burke described the English Parliament as a "deliberative assembly," and the expression became the basic term for a body of...
. Two members of the Commission, Lord Crowther-Hunt
Norman Crowther Hunt, Baron Crowther-Hunt
Norman Crowther Hunt, Baron Crowther-Hunt was a British scholar and Labour politician. He served as a Minister of State in Harold Wilson's 1974–1976 government, and became Rector of Exeter College, Oxford in 1982....
and Professor Alan Peacock, did not sign the report, disagreeing with the interpretation of the terms of reference and the conclusions. Their views were published in a separate Memorandum of Dissent.
Background
The royal commission was set up in response to growing demands for home ruleHome rule
Home rule is the power of a constituent part of a state to exercise such of the state's powers of governance within its own administrative area that have been devolved to it by the central government....
or full independence
Independence
Independence is a condition of a nation, country, or state in which its residents and population, or some portion thereof, exercise self-government, and usually sovereignty, over its territory....
for Wales
Wales
Wales is a country that is part of the United Kingdom and the island of Great Britain, bordered by England to its east and the Atlantic Ocean and Irish Sea to its west. It has a population of three million, and a total area of 20,779 km²...
and Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
, which came into public focus after the ground-breaking by-election wins of Plaid Cymru
Plaid Cymru
' is a political party in Wales. It advocates the establishment of an independent Welsh state within the European Union. was formed in 1925 and won its first seat in 1966...
's Gwynfor Evans
Gwynfor Evans
Dr Richard Gwynfor Evans , was a Welsh politician, lawyer and author. President of Plaid Cymru for thirty six years, he was the first Member of Parliament to represent Plaid Cymru at Westminster ....
at the Carmarthen by-election, 1966
Carmarthen by-election, 1966
The Carmarthen by-election, was held in Carmarthen, Wales on 14 July 1966. The contest was significant in that it resulted in the election of Gwynfor Evans, the first ever Plaid Cymru Member of Parliament...
, and the Scottish National Party
Scottish National Party
The Scottish National Party is a social-democratic political party in Scotland which campaigns for Scottish independence from the United Kingdom....
's Winnie Ewing
Winnie Ewing
Winifred Margaret 'Winnie' Ewing is a Scottish nationalist, lawyer and prominent SNP politician who was formerly a Member of Parliament , Member of the European Parliament and Member of the Scottish Parliament...
in Hamilton in 1967
Hamilton by-election, 1967
The Hamilton by-election, in Hamilton, South Lanarkshire, Scotland, which took place on the 2nd of November 1967, was a milestone in the politics of Scotland...
.
Terms of reference
The Commission's terms of reference were:To examine the present functions of the present legislature and government in relation to the several countries, nations and regions of the United Kingdom;
To consider, having regard to changes in local government organisation and in the administrative and other relationships between the various parts of the United Kingdom, and to the interests of the prosperity and good government and our people under the Crown, whether any changes are desirable in those functions or otherwise in present constitutional and economic relationships;
To consider also whether any changes are desirable in the constitutional and economic relationships between the Channel Islands and the Isle of Man.
Membership
Chairman: Lord CrowtherGeoffrey Crowther, Baron Crowther
Geoffrey Crowther, Baron Crowther was a British economist, journalist, educationalist and businessman. He was editor of The Economist from 1938 to 1956.-Early life and education:...
(1969 until his death in February 1972), Lord Kilbrandon (from February 1972).
Members: David Basnett
David Basnett
David Basnett was a prominent British trade union leader.Born in Liverpool, Basnett studied at Quarry Bank High School before becoming a bank clerk...
(resigned before 1973), Lord Crowther-Hunt, A T Davies, Lord Foot, Sir Mark Henig, Douglas Houghton
Douglas Houghton
Arthur Leslie Noel Douglas Houghton, Baron Houghton of Sowerby PC CH was a British Labour politician. He was the last British Cabinet minister born in the 19th Century; since he retired in 1967, every Cabinet minister has been born since 1900...
(resigned before 1973), Selwyn Lloyd
Selwyn Lloyd
John Selwyn Brooke Lloyd, Baron Selwyn-Lloyd CH PC CBE TD , known for most of his career as Selwyn Lloyd, was a British Conservative Party politician who served as Foreign Secretary from 1955 to 1960, then as Chancellor of the Exchequer until 1962...
(resigned before 1973), Dr J B Longmuir, Professor FH Newark, Professor Alan Peacock (appointed 1970), Sir David Renton, Professor D J Robertson (died 1970), Sir James Steel, Professor Harry Street, Sir Ben Bowen Thomas
Ben Bowen Thomas
Sir Ben Bowen Thomas was a Welsh civil servant and university President. He served as Permanent Secretary to the Welsh Department of the Ministry of Education from 1945 to 1963, and was President of the University of Wales, Aberystwyth from 1964 to 1975...
and Mrs N K Trenaman.
Proposals
The commission was unable to reach unanimous agreement, with the final report including a number of options supported by different members. Two commissioners did not sign the report, producing instead a memorandum of dissent.Scotland
Eight members favoured a devolved legislatureScottish Assembly
The Scottish Assembly was a proposed legislature for Scotland that would have devolved a set list of powers from the Parliament of the United Kingdom...
for Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
. Executive power would be exercised by ministers appointed by the Crown from members of a directly elected assembly. Areas of responsibility to be transferred to the devolved body would be some of those already under the supervision of the Secretary of State for Scotland
Secretary of State for Scotland
The Secretary of State for Scotland is the principal minister of Her Majesty's Government in the United Kingdom with responsibilities for Scotland. He heads the Scotland Office , a government department based in London and Edinburgh. The post was created soon after the Union of the Crowns, but was...
and the Lord Advocate
Lord Advocate
Her Majesty's Advocate , known as the Lord Advocate , is the chief legal officer of the Scottish Government and the Crown in Scotland for both civil and criminal matters that fall within the devolved powers of the Scottish Parliament...
. These included:
- Education
- The environment
- Health
- Home affairs
- Legal matters
- Social services
Responsibility for agriculture, fisheries and food would be divided between the Assembly and the United Kingdom government, while the latter would retain control of electricity supply.
With the establishment of the devolved government, it was proposed that the number of MPs
Member of Parliament
A Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...
elected to Westminster from Scottish constituencies
Scottish Westminster constituencies
Scottish Westminster constituencies were Scottish constituencies of the House of Commons of the Parliament of Great Britain, normally at the Palace of Westminster, from 1708 to 1801, and have been constituencies of the House of Commons of the Parliament of the United Kingdom, also at Westminster,...
would be reduced from 71 to about 51.
The assembly was to be a single chamber body of about 100 members, elected under the single transferable vote
Single transferable vote
The single transferable vote is a voting system designed to achieve proportional representation through preferential voting. Under STV, an elector's vote is initially allocated to his or her most preferred candidate, and then, after candidates have been either elected or eliminated, any surplus or...
system of proportional representation
Proportional representation
Proportional representation is a concept in voting systems used to elect an assembly or council. PR means that the number of seats won by a party or group of candidates is proportionate to the number of votes received. For example, under a PR voting system if 30% of voters support a particular...
, with multi-member constituencies. The Commission did not propose to give the assembly a name, feeling this was a matter for the Scottish people, although the term "convention" had been suggested. The determination of the number of seats and boundaries was to be reserved to the United Kingdom parliament.
The new constitutional arrangements would not require the appointment of a governor, while the title "Scottish Premier" was suggested for the head of the executive.
The office of Secretary of State for Scotland would be abolished, although a cabinet minister would continue to have special responsibility in representing Scotland as well as having other duties.
Wales
Six commissioners favoured legislative devolution for Wales. This would be similar to the scheme envisaged for Scotland, but with less responsibility in legal affairs, reflecting that Scotland had a discrete legal system separate from England and Wales.As in Scotland, a 100 member unicameral assembly was proposed, elected by proportional representation. A title suggested to the commission for the body was "Senate". Similarly, the head of the executive might be titled "Welsh Premier", and the office of Secretary of State for Wales
Secretary of State for Wales
The Secretary of State for Wales is the head of the Wales Office within the British cabinet. He or she is responsible for ensuring Welsh interests are taken into account by the government, representing the government within Wales and overseeing the passing of legislation which is only for Wales...
would be abolished. The number of Westminster MPs elected by Welsh constituencies would be reduced from 36 to about 31.
England
The signatories to the main report were unanimous in their opposition of legislative devolution to England as a whole, or to any English region. There were however proposals for some powers being devolved to regional level:- Eight members supported the idea of non-executive co-ordinating and advisory councils to make representations and give advice to central government on government policy effecting the regions. Each council was to have about 60 members, the majority elected by local authorities in the region with about 20% nominated by the minister responsible for regional affairs to represent industry, agriculture, commerce, trade unions, and statutory promotional bodies in the region.
- Two members favoured the establishment of regional assemblies with executive powers, elected in a similar manner to those in Scotland and Wales.
In each case the regions to be used were to be those already established for economic planning, with boundaries adjusted to reflect the changes made by the Local Government Act 1972
Local Government Act 1972
The Local Government Act 1972 is an Act of Parliament in the United Kingdom that reformed local government in England and Wales on 1 April 1974....
, although names were not suggested:
- Cleveland, CumbriaCumbriaCumbria , is a non-metropolitan county in North West England. The county and Cumbria County Council, its local authority, came into existence in 1974 after the passage of the Local Government Act 1972. Cumbria's largest settlement and county town is Carlisle. It consists of six districts, and in...
, DurhamCounty DurhamCounty Durham is a ceremonial county and unitary district in north east England. The county town is Durham. The largest settlement in the ceremonial county is the town of Darlington...
, NorthumberlandNorthumberlandNorthumberland is the northernmost ceremonial county and a unitary district in North East England. For Eurostat purposes Northumberland is a NUTS 3 region and is one of three boroughs or unitary districts that comprise the "Northumberland and Tyne and Wear" NUTS 2 region...
, Tyne and WearTyne and WearTyne and Wear is a metropolitan county in north east England around the mouths of the Rivers Tyne and Wear. It came into existence as a metropolitan county in 1974 after the passage of the Local Government Act 1972... - HumbersideHumbersideHumberside was a non-metropolitan and ceremonial county in Northern England from 1 April 1974 until 1 April 1996. It was composed of land from either side of the Humber Estuary, created from portions of the East and West ridings of Yorkshire and parts of Lindsey, Lincolnshire...
, North YorkshireNorth YorkshireNorth Yorkshire is a non-metropolitan or shire county located in the Yorkshire and the Humber region of England, and a ceremonial county primarily in that region but partly in North East England. Created in 1974 by the Local Government Act 1972 it covers an area of , making it the largest...
, South YorkshireSouth YorkshireSouth Yorkshire is a metropolitan county in the Yorkshire and the Humber region of England. It has a population of 1.29 million. It consists of four metropolitan boroughs: Barnsley, Doncaster, Rotherham, and City of Sheffield...
, West YorkshireWest YorkshireWest Yorkshire is a metropolitan county within the Yorkshire and the Humber region of England with a population of 2.2 million. West Yorkshire came into existence as a metropolitan county in 1974 after the passage of the Local Government Act 1972.... - CheshireCheshireCheshire is a ceremonial county in North West England. Cheshire's county town is the city of Chester, although its largest town is Warrington. Other major towns include Widnes, Congleton, Crewe, Ellesmere Port, Runcorn, Macclesfield, Winsford, Northwich, and Wilmslow...
, Greater ManchesterGreater ManchesterGreater Manchester is a metropolitan county in North West England, with a population of 2.6 million. It encompasses one of the largest metropolitan areas in the United Kingdom and comprises ten metropolitan boroughs: Bolton, Bury, Oldham, Rochdale, Stockport, Tameside, Trafford, Wigan, and the...
, MerseysideMerseysideMerseyside is a metropolitan county in North West England, with a population of 1,365,900. It encompasses the metropolitan area centred on both banks of the lower reaches of the Mersey Estuary, and comprises five metropolitan boroughs: Knowsley, St Helens, Sefton, Wirral, and the city of Liverpool...
, LancashireLancashireLancashire is a non-metropolitan county of historic origin in the North West of England. It takes its name from the city of Lancaster, and is sometimes known as the County of Lancaster. Although Lancaster is still considered to be the county town, Lancashire County Council is based in Preston... - DerbyshireDerbyshireDerbyshire is a county in the East Midlands of England. A substantial portion of the Peak District National Park lies within Derbyshire. The northern part of Derbyshire overlaps with the Pennines, a famous chain of hills and mountains. The county contains within its boundary of approx...
, LeicestershireLeicestershireLeicestershire is a landlocked county in the English Midlands. It takes its name from the heavily populated City of Leicester, traditionally its administrative centre, although the City of Leicester unitary authority is today administered separately from the rest of Leicestershire...
, LincolnshireLincolnshireLincolnshire is a county in the east of England. It borders Norfolk to the south east, Cambridgeshire to the south, Rutland to the south west, Leicestershire and Nottinghamshire to the west, South Yorkshire to the north west, and the East Riding of Yorkshire to the north. It also borders...
, NorthamptonshireNorthamptonshireNorthamptonshire is a landlocked county in the English East Midlands, with a population of 629,676 as at the 2001 census. It has boundaries with the ceremonial counties of Warwickshire to the west, Leicestershire and Rutland to the north, Cambridgeshire to the east, Bedfordshire to the south-east,...
, NottinghamshireNottinghamshireNottinghamshire is a county in the East Midlands of England, bordering South Yorkshire to the north-west, Lincolnshire to the east, Leicestershire to the south, and Derbyshire to the west... - Hereford and WorcesterHereford and WorcesterHereford and Worcester was an English county created on 1 April 1974, by the Local Government Act 1972 from the area of the former administrative county of Herefordshire, most of Worcestershire and the county borough of Worcester.It bordered Shropshire, Staffordshire and the West Midlands to the...
, SalopShropshireShropshire is a county in the West Midlands region of England. For Eurostat purposes, the county is a NUTS 3 region and is one of four counties or unitary districts that comprise the "Shropshire and Staffordshire" NUTS 2 region. It borders Wales to the west...
, StaffordshireStaffordshireStaffordshire is a landlocked county in the West Midlands region of England. For Eurostat purposes, the county is a NUTS 3 region and is one of four counties or unitary districts that comprise the "Shropshire and Staffordshire" NUTS 2 region. Part of the National Forest lies within its borders...
, WarwickshireWarwickshireWarwickshire is a landlocked non-metropolitan county in the West Midlands region of England. The county town is Warwick, although the largest town is Nuneaton. The county is famous for being the birthplace of William Shakespeare...
, West MidlandsWest Midlands (county)The West Midlands is a metropolitan county in western central England with a 2009 estimated population of 2,638,700. It came into existence as a metropolitan county in 1974 after the passage of the Local Government Act 1972, formed from parts of Staffordshire, Worcestershire and Warwickshire. The... - CambridgeshireCambridgeshireCambridgeshire is a county in England, bordering Lincolnshire to the north, Norfolk to the northeast, Suffolk to the east, Essex and Hertfordshire to the south, and Bedfordshire and Northamptonshire to the west...
, NorfolkNorfolkNorfolk is a low-lying county in the East of England. It has borders with Lincolnshire to the west, Cambridgeshire to the west and southwest and Suffolk to the south. Its northern and eastern boundaries are the North Sea coast and to the north-west the county is bordered by The Wash. The county...
, SuffolkSuffolkSuffolk is a non-metropolitan county of historic origin in East Anglia, England. It has borders with Norfolk to the north, Cambridgeshire to the west and Essex to the south. The North Sea lies to the east... - AvonAvon (county)Avon was, from 1974 to 1996, a non-metropolitan and ceremonial county in the west of England.The county was named after the River Avon, which runs through the area. It was formed from parts of the historic counties of Gloucestershire and Somerset, together with the City of Bristol...
, CornwallCornwallCornwall is a unitary authority and ceremonial county of England, within the United Kingdom. It is bordered to the north and west by the Celtic Sea, to the south by the English Channel, and to the east by the county of Devon, over the River Tamar. Cornwall has a population of , and covers an area of...
, DevonDevonDevon is a large county in southwestern England. The county is sometimes referred to as Devonshire, although the term is rarely used inside the county itself as the county has never been officially "shired", it often indicates a traditional or historical context.The county shares borders with...
, DorsetDorsetDorset , is a county in South West England on the English Channel coast. The county town is Dorchester which is situated in the south. The Hampshire towns of Bournemouth and Christchurch joined the county with the reorganisation of local government in 1974...
, GloucestershireGloucestershireGloucestershire is a county in South West England. The county comprises part of the Cotswold Hills, part of the flat fertile valley of the River Severn, and the entire Forest of Dean....
, SomersetSomersetThe ceremonial and non-metropolitan county of Somerset in South West England borders Bristol and Gloucestershire to the north, Wiltshire to the east, Dorset to the south-east, and Devon to the south-west. It is partly bounded to the north and west by the Bristol Channel and the estuary of the...
, WiltshireWiltshireWiltshire is a ceremonial county in South West England. It is landlocked and borders the counties of Dorset, Somerset, Hampshire, Gloucestershire, Oxfordshire and Berkshire. It contains the unitary authority of Swindon and covers... - BedfordshireBedfordshireBedfordshire is a ceremonial county of historic origin in England that forms part of the East of England region.It borders Cambridgeshire to the north-east, Northamptonshire to the north, Buckinghamshire to the west and Hertfordshire to the south-east....
, BerkshireBerkshireBerkshire is a historic county in the South of England. It is also often referred to as the Royal County of Berkshire because of the presence of the royal residence of Windsor Castle in the county; this usage, which dates to the 19th century at least, was recognised by the Queen in 1957, and...
, BuckinghamshireBuckinghamshireBuckinghamshire is a ceremonial and non-metropolitan home county in South East England. The county town is Aylesbury, the largest town in the ceremonial county is Milton Keynes and largest town in the non-metropolitan county is High Wycombe....
, East SussexEast SussexEast Sussex is a county in South East England. It is bordered by the counties of Kent, Surrey and West Sussex, and to the south by the English Channel.-History:...
, EssexEssexEssex is a ceremonial and non-metropolitan county in the East region of England, and one of the home counties. It is located to the northeast of Greater London. It borders with Cambridgeshire and Suffolk to the north, Hertfordshire to the west, Kent to the South and London to the south west...
, Greater LondonGreater LondonGreater London is the top-level administrative division of England covering London. It was created in 1965 and spans the City of London, including Middle Temple and Inner Temple, and the 32 London boroughs. This territory is coterminate with the London Government Office Region and the London...
, HampshireHampshireHampshire is a county on the southern coast of England in the United Kingdom. The county town of Hampshire is Winchester, a historic cathedral city that was once the capital of England. Hampshire is notable for housing the original birthplaces of the Royal Navy, British Army, and Royal Air Force...
, HertfordshireHertfordshireHertfordshire is a ceremonial and non-metropolitan county in the East region of England. The county town is Hertford.The county is one of the Home Counties and lies inland, bordered by Greater London , Buckinghamshire , Bedfordshire , Cambridgeshire and...
, Isle of WightIsle of WightThe Isle of Wight is a county and the largest island of England, located in the English Channel, on average about 2–4 miles off the south coast of the county of Hampshire, separated from the mainland by a strait called the Solent...
, KentKentKent is a county in southeast England, and is one of the home counties. It borders East Sussex, Surrey and Greater London and has a defined boundary with Essex in the middle of the Thames Estuary. The ceremonial county boundaries of Kent include the shire county of Kent and the unitary borough of...
, OxfordshireOxfordshireOxfordshire is a county in the South East region of England, bordering on Warwickshire and Northamptonshire , Buckinghamshire , Berkshire , Wiltshire and Gloucestershire ....
, SurreySurreySurrey is a county in the South East of England and is one of the Home Counties. The county borders Greater London, Kent, East Sussex, West Sussex, Hampshire and Berkshire. The historic county town is Guildford. Surrey County Council sits at Kingston upon Thames, although this has been part of...
, West SussexWest SussexWest Sussex is a county in the south of England, bordering onto East Sussex , Hampshire and Surrey. The county of Sussex has been divided into East and West since the 12th century, and obtained separate county councils in 1888, but it remained a single ceremonial county until 1974 and the coming...
Cornwall
The Commission recognised that "a very small minority" in CornwallCornwall
Cornwall is a unitary authority and ceremonial county of England, within the United Kingdom. It is bordered to the north and west by the Celtic Sea, to the south by the English Channel, and to the east by the county of Devon, over the River Tamar. Cornwall has a population of , and covers an area of...
existed that claimed a separate national identity for the Cornish people
Cornish people
The Cornish are a people associated with Cornwall, a county and Duchy in the south-west of the United Kingdom that is seen in some respects as distinct from England, having more in common with the other Celtic parts of the United Kingdom such as Wales, as well as with other Celtic nations in Europe...
, and who wished to have separate arrangements for their government. They however felt that "despite its individual character and strong sense of regional identity, there is no evidence that its people have a wish to see it separated for the purposes of government from the rest of England". However they recognised that"the people of Cornwall regard their part of the United Kingdom as not just another English county" and accordingly they recommended that the designation "Duchy of Cornwall" be used on all appropriate occasions to emphasise the "special relationship and the territorial integrity of Cornwall".
Northern Ireland
The Commission did not make any recommendations on devolution in Northern IrelandNorthern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
, for which the Northern Ireland Constitution Act 1973
Northern Ireland Constitution Act 1973
The Northern Ireland Constitution Act 1973 was an Act of the Parliament of the United Kingdom which received the Royal Assent on 18 July 1973...
had made provision. However, the report did recommend that the number of Westminster MPs from the province be increased in line with the rest of the UK, from 12 to about 17.
Channel Islands and the Isle of Man
The Commission did not propose to make any changes in the relationship between the United Kingdom, the Channel IslandsChannel Islands
The Channel Islands are an archipelago of British Crown Dependencies in the English Channel, off the French coast of Normandy. They include two separate bailiwicks: the Bailiwick of Guernsey and the Bailiwick of Jersey...
and the Isle of Man
Isle of Man
The Isle of Man , otherwise known simply as Mann , is a self-governing British Crown Dependency, located in the Irish Sea between the islands of Great Britain and Ireland, within the British Isles. The head of state is Queen Elizabeth II, who holds the title of Lord of Mann. The Lord of Mann is...
. They rejected a suggestion that responsibilities for external affairs be divided between the UK and island governments, but supported a Home Office
Home Office
The Home Office is the United Kingdom government department responsible for immigration control, security, and order. As such it is responsible for the police, UK Border Agency, and the Security Service . It is also in charge of government policy on security-related issues such as drugs,...
proposal that a more formal process of consultation be carried out in future over the application of international agreements in the islands.
Memorandum of dissent
Lord Crowther-Hunt and Professor Peacock did not sign the report, producing a separate series of proposals in a minority memorandum. The main differences between the document and the main report were:Regional assemblies
There would be seven elected regional assembliesRegional assemblies
Regional assembly can refer to:*ARMM Regional Legislative Assembly, Autonomous Region in Muslim Mindanao, Philippines, see Autonomous Region in Muslim Mindanao#Politics...
, one for Scotland, one for Wales and five Regional Assemblies in England
Regional Assemblies in England
The Regional Assemblies of England were a group of indirectly elected regional bodies established originally under the name Regional Chambers by the Regional Development Agencies Act 1998. They were abolished on 31 March 2010 and replaced by Local Authority Leaders’ Boards...
. They would have considerably greater powers than proposed in the majority report, taking over much of the machinery of central government within their area, and each having their own civil service. They would also replace ad hoc
Ad hoc
Ad hoc is a Latin phrase meaning "for this". It generally signifies a solution designed for a specific problem or task, non-generalizable, and not intended to be able to be adapted to other purposes. Compare A priori....
authorities such as regional health authorities and water authorities, which were due to be introduced in reorganisation of the National Health Service
National Health Service
The National Health Service is the shared name of three of the four publicly funded healthcare systems in the United Kingdom. They provide a comprehensive range of health services, the vast majority of which are free at the point of use to residents of the United Kingdom...
and water industry. They would also have supervisory powers over gas and electricity boards. They would also be able to make policy through strategic plans for the physical, social and economic development of their regions.
A Minister for the Regions would hold a cabinet seat.
Commons reform
The memorandum also suggested changes in the function of the United Kingdom House of Commons. Members of parliament were to form "functional committees" corresponding to central government departments. Each committee was to have a supporting staff and would consider the implications of both United Kingdom and European legislation, as well as having policy-making powers. To reflect their greater responsibilities, MPs would be paid full-time professional salaries.Political reaction
There was mixed reaction to the Commission's report:- The chairman of Plaid CymruPlaid Cymru' is a political party in Wales. It advocates the establishment of an independent Welsh state within the European Union. was formed in 1925 and won its first seat in 1966...
regarded it as a "real breakthrough", and called for the government to provide a commitment to introduce a Welsh government with legislative power. However, they called for the assembly to have additional powers over economic and industrial planning. - Winifred Ewing, vice-chairman of the Scottish National PartyScottish National PartyThe Scottish National Party is a social-democratic political party in Scotland which campaigns for Scottish independence from the United Kingdom....
, described it as a "step in the right direction", and that the proposed Scottish assemblyScottish AssemblyThe Scottish Assembly was a proposed legislature for Scotland that would have devolved a set list of powers from the Parliament of the United Kingdom...
"would lead to the self-government the SNP sought". - The secretary of the Welsh Labour Party welcomed the introduction of an assembly, but opposed the reduction in the number of Westminster MPs.
- The leader of the Welsh Liberal Party believed it to be a "major breakthrough" which would lead to proportional representation being introduced in Westminster.
- An official of the Welsh Conservative Party called for people not to be "over-influenced by the vocal minority, which includes extremists and nationalist fanatics."
- The chairman of the Scottish Conservative and Unionist Party expressed doubts about the reduction in the number of MPs.
- The secretary of Mebyon KernowMebyon KernowMebyon Kernow is a left-of-centre political party in Cornwall, United Kingdom. It primarily campaigns for devolution to Cornwall in the form of a Cornish Assembly, as well as social democracy and environmental protection.MK was formed as a pressure group in 1951, and contained as members activists...
, while noting that their proposal for a Cornish Regional Council had been rejected, said they were encouraged by the establishment of assemblies in Scotland and Wales, and the emphasis on the "Duchy of Cornwall".
Consequences
Following a change of government at the February 1974 election, the new Labour administration published a white paperWhite paper
A white paper is an authoritative report or guide that helps solve a problem. White papers are used to educate readers and help people make decisions, and are often requested and used in politics, policy, business, and technical fields. In commercial use, the term has also come to refer to...
Democracy and Devolution: proposals for Scotland and Wales based on the final report in September 1974. The white paper led directly to the unsuccessful Scotland and Wales Bill, which was withdrawn in February 1977. Two separate pieces of legislation were passed in the following year: the Scotland Act 1978
Scotland Act 1978
The Scotland Act 1978 was an Act of the Parliament of the United Kingdom intended to establish a Scottish Assembly as a devolved legislature for Scotland...
and the Wales Act 1978
Wales Act 1978
The Wales Act 1978 was an Act of the Parliament of the United Kingdom intended to introduce a limited measure of self-government in Wales.The provisions of the Act were put to the populace in 1979 in the Welsh devolution referendum through the question:...
. The provisions of the Acts would not come into force unless approved by referendum
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
s, and accordingly Scottish and Welsh devolution referendums were held on 1 March 1979. The Welsh assembly was rejected by a majority of voters, while Scottish devolution was supported by 51.6% of those voting, or 32.9% of those on the electoral register. An amendment to the Scotland Act, introduced by government backbencher George Cunningham
George Cunningham
George Cunningham is a British politician.Cunningham was educated at Dunfermline High School, Blackpool Grammar School and the University of Manchester. He worked for the Labour Party as Commonwealth officer....
, had specified that it must have the support of 40% of the entire electorate, and the referendum was lost. The results of the referendums led to the repeal
Repeal
A repeal is the amendment, removal or reversal of a law. This is generally done when a law is no longer effective, or it is shown that a law is having far more negative consequences than were originally envisioned....
of the respective Acts in March 1979. A vote of no confidence was subsequently lost by the government on 28 March when the Scottish National Party voted with the Conservatives, Liberals and Ulster Unionist Party, leading to the general election of 1979 and the beginning of 18 years of Conservative rule.
Scottish and Welsh devolution was finally implemented under the next Labour government, elected in 1997, by the Scotland Act 1998
Scotland Act 1998
The Scotland Act 1998 is an Act of the Parliament of the United Kingdom. It is the Act which established the devolved Scottish Parliament.The Act will be amended by the Scotland Bill 2011, if and when it receives royal assent.-History:...
and the Government of Wales Act 1998
Government of Wales Act 1998
This is about the Act that set up the Welsh Assembly. For the newer Government of Wales Act 2006, see that article.The Government of Wales Act 1998 This is about the Act that set up the Welsh Assembly. For the newer Government of Wales Act 2006, see that article.The Government of Wales Act 1998...
.
See also
- Declaration of PerthDeclaration of PerthThe Declaration of Perth was a statement made by British Conservative Party leader Edward Heath at the party conference in Perth, Scotland in 1968, which committed the party to supporting some form of Scottish devolution.- Background :...
, 1968 - Constitutional status of CornwallConstitutional status of CornwallCornwall is currently administered as a unitary authority and ceremonial county of England.However, a number of organisations and individuals question the constitutional basis for the administration of Cornwall as part of England, arguing that the Duchy Charters of 1337 place the governance of...
- Cornish self-government movementCornish self-government movementCornish nationalism is an umbrella term that refers to a cultural, political and social movement based in Cornwall, the most southwestern part of the island of Great Britain, which has for centuries been administered as part of England, within the United Kingdom...
External links
- Abstract, British Official Publications Collaborative Reader Information Service
- "Dicey, Kilbrandon and Devolution", DG Boyce, The Political Quarterly, Volume 46 Issue 3 Page 280-292, July 1975
- "Kilbrandon: The Ship That Launched a Thousand Faces?", The Modern Law Review, Vol. 37, No. 5 (Sep., 1974), pp. 544-555