Welsh devolution: Difference between revisions

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==== Home rule ====
In response to the Irish demand for "home rule", Liberal prime minister of the UK, William Gladstone proposed two bills on home rule for Ireland in 1886 and 1893, which both failed.<ref>{{Cite web |title=Two home rule Bills |url=https://www.parliament.uk/about/living-heritage/evolutionofparliament/legislativescrutiny/parliamentandireland/overview/two-home-rule-bills/}}</ref> Although the idea of "home rule all round" had been around since the 1830s the idea became more popular in 1910 during the constitutional conference and on the brink of an Irish war during 1913–14.<ref>{{Cite journal |last=Kendle |first=J. E. |date=Jun 1968 |title=VI. The Round Table Movement and 'Home Rule All Round' |url=http://dx.doi.org/10.1017/s0018246x00002041 |journal=The Historical Journal |volume=11 |issue=2 |pages=332–353 |doi=10.1017/s0018246x00002041 |s2cid=159471230 |issn=0018-246X|url-access=subscription }}</ref>
[[File:Llewelyn Williams.jpg|thumb|179x179px|[[Llywelyn Williams]] set up the first Cymru Fydd branch on Welsh soil in Barry in 1891.<ref>{{Cite web |title='A PROVED AND LOYAL FRIENDSHIP': THE DIARY OF W. LLEWELYN WILLIAMS MP, 1906-15 |url=https://www.library.wales/fileadmin/docs_gwefan/new_structure/catalogues/specialist_catalogues/nlw_journal/cgr_erth_XXXIVrh3_2008_3.pdf}}</ref>]]
Political movements supporting Welsh self-rule began in the late nineteenth century alongside a rise in [[Welsh nationalism]].<ref name=":2">{{Cite book |last=Pilkington |first=Colin |url=http://archive.org/details/devolutioninbrit0000pilk |title=Devolution in Britain today |publisher=Manchester University Press |year=2002 |isbn=978-0-7190-6075-5 |pages=35–38}}</ref><ref name=":1">{{Cite web |title=History of devolution |url=https://senedd.wales/how-we-work/history-of-devolution/ |access-date=2022-01-31 |website=senedd.wales |language=en-GB}}</ref> In the same year as the first bill for Ireland was proposed, the [[Cymru Fydd]] (Wales To Be/Wales Will Be) movement was founded to further the home rule cause for Wales.<ref name="encyclopaedia">{{citation|title=The Welsh Academy Encyclopaedia of Wales|year=2008|place=Cardiff|publisher=University of Wales Press}}</ref> Lloyd George was one of the main leaders of Cymru Fydd which was an organisation created with the aim of establishing a [[Welsh Government]]<ref>{{cite journal |id={{ProQuest|1310503225}} |last1=Jones |first1=J G.|title=Alfred Thomas's National Institution (Wales) Bills of 1891-92 |journal=Welsh History Review |volume=15 |issue=1 |date=1 January 1990 |pages=218–239 }}</ref> and a "stronger Welsh identity".<ref>{{Cite web|url=https://www.bbc.co.uk/wales/history/sites/themes/society/politics_cymru_fydd.shtml|title = BBC Wales - History - Themes - Cymru Fydd - Young Wales}}</ref> As such Lloyd George was seen as a radical figure in British politics and was associated with the reawakening of [[Welsh nationalism]] and identity, saying in 1880, "Is it not high time that Wales should have the powers to manage its own affairs".<ref>{{Cite web|url=https://www.open.edu/openlearncreate/mod/oucontent/view.php?id=55160&printable=1|title = Unit 8 David Lloyd George and the destiny of Wales: View as single page}}</ref><ref>{{Cite web |date=2022-02-28 |title=Yes or No? The Welsh Devolution Referendum |url=https://blog.library.wales/the-welsh-devolution-referendum/ |access-date=2022-03-05 |website=National Library of Wales Blog |language=en-US}}</ref> Historian Emyr Price has referred to him as "the first architect of Welsh devolution and its most famous advocate’" as well as "the pioneering advocate of a powerful parliament for the Welsh people".<ref>{{Cite book |title=David Lloyd George (Celtic Radicals) |publisher=University of Wales Press |year=2005 |pages=208}}</ref> The first Cymru Fydd societies were set up in Liverpool and London in 1887 and in the winter of 1886–7, the North and South Wales liberal federations were founded.<ref name=":20">{{Cite web |title=""Home Rule all round": Experiments in Regionalising Great Britain, 1886-1914." Political Reform in Britain, 1886 - 1996: Themes, Ideas, Policies. Eds. Jordan, Ulrike; Kaiser, Wolfram. Bochum: Universitätsverlag Dr. N. Brockmeyer. 169 - 192. Arbeitskreis Deutsche England-Forschung 37. |url=https://thestacks.libaac.de/bitstream/handle/11858/2064/Rembold%20-%201997%20-%20Home%20Rule%20all%20round.pdf?sequence=1&isAllowed=y}}</ref> Lloyd George was also particularly active in attempting to set up a separate Welsh National Party which was based on [[Charles Stewart Parnell]]'s [[Irish Parliamentary Party]] and also worked to unite the North and South Wales Liberal Federations with Cymru Fydd to form a Welsh National Liberal Federation.<ref>{{Cite web |title=BBC Wales - History - Themes - David Lloyd George |url=https://www.bbc.co.uk/wales/history/sites/themes/figures/lloyd_george.shtml |access-date=2022-03-01 |website=www.bbc.co.uk}}</ref> The Cymru Fydd movement collapsed in 1896 amid personal rivalries and rifts between Liberal representatives such as [[David Alfred Thomas]].<ref name="encyclopaedia" /><ref>{{cite web |title=Wales {{!}} Vol, V no. 8/9 {{!}} 1945 {{!}} Cylchgronau Cymru – Llyfrgell Genedlaethol Cymru |url=https://cylchgronau.llyfrgell.cymru/view/1214989/1216131/107 |access-date=4 December 2020 |publisher=[[National Library of Wales]] |language=cy-GB}}</ref> In 1898 however, [[David Lloyd George]] managed to form the Welsh National Liberal Council, a loose umbrella organisation covering the two federations.<ref name="alderton">{{cite web |last1=Alderton |first1=Nicholas |title=The formation of the Welsh Liberal Party, 1966-1967 |url=https://www.psa.ac.uk/sites/default/files/conference/papers/2015/The%20Formation%20of%20the%20Welsh%20Liberal%20Party%20(1).pdf |access-date=10 April 2019 |website=Political Studies Association}}</ref>
 
Support for [[home rule]] for Wales and Scotland amongst most political parties was strongest in 1918 following the independence of other European countries after the First World War, and the [[Easter Rising]] in Ireland, wrote Dr Davies.<ref>Davies (1994) pp. 523</ref> Although Cymru Fydd had collapsed, home rule was still on the agenda, with liberal Joseph Chamberlain proposing "[[Home Rule]] All Round" for all nations of the United Kingdom, in part to meet Irish demands but maintain the superiority of the imperial parliament of Westminster. This idea which eventually fell out of favour after "southern Ireland" left the UK and became a dominion in 1921 and the Irish free state was established in 1922.<ref name=":20" /> Home rule all round became official labour party policy, by hethe 1920s, but the Liberals lost interest because if a Welsh Parliament was formed they would not control it.<ref name=":21">{{Cite web |title=BBC Wales - History - Themes - Chapter 22: A new nation |url=https://www.bbc.co.uk/wales/history/sites/themes/guide/ch22_a_new_nation.shtml |access-date=2023-01-13 |website=www.bbc.co.uk}}</ref>
 
====Welsh institutions form====
 
The late 19th century saw the formation of a number of national institutions; a national and annual cultural event, the [[National Eisteddfod of Wales]] in 1861,<ref>{{Cite web|title=BBC Wales - Eisteddfod - Guide - A brief history of the Eisteddfod|url=https://www.bbc.co.uk/wales/eisteddfod2008/sites/guide/history/pages/history_eisteddfod.shtml|access-date=2022-02-04|website=www.bbc.co.uk}}</ref> the [[Football Association of Wales]] in 1876,<ref>{{Cite web|title=FAW / Who are FAW?|url=http://www.faw.cymru/en/about-faw/who-are-faw/|access-date=2022-02-04|website=www.faw.cymru|language=en}}</ref> the [[Welsh Rugby Union]] in 1881<ref>{{Cite web|title=140 Years of the Welsh Rugby Union|url=https://www.wru.wales/article/140-years-of-the-welsh-rugby-union/|access-date=2022-02-04|website=Welsh Rugby Union {{!}} Wales & Regions|language=en-GB|archive-date=2022-02-04|archive-url=https://web.archive.org/web/20220204004030/https://www.wru.wales/article/140-years-of-the-welsh-rugby-union/|url-status=dead}}</ref> and the [[University of Wales]] in 1893.<ref>{{Cite web|title=History of the University of Wales - University of Wales|url=https://www.wales.ac.uk/en/AboutUs/Developments/History.aspx|access-date=2022-02-04|website=www.wales.ac.uk|archive-date=2022-02-04|archive-url=https://web.archive.org/web/20220204004031/https://www.wales.ac.uk/en/AboutUs/Developments/History.aspx|url-status=dead}}</ref>
 
In 1896, [[Education in Wales]] began to become distinct with the formation of the Central Welsh Board which inspected grammar schools in Wales and The [[Welsh Intermediate Education Act 1889]] was brought about to "make further provision for the intermediate and technical education of the inhabitants of Wales and the county of Monmouth.", making the board responsible for inspection of secondary schools.<ref>{{Cite web |date=2013-08-12 |title=The Welsh Intermediate Education Act, 1889 |url=https://www.bbc.co.uk/blogs/wales/entries/ee4a5728-7f96-3b9f-93ac-29300c2d6066 |access-date=2022-02-04 |website=BBC |language=en}}</ref><ref name=":4">{{Cite book |url=https://discovery.nationalarchives.gov.uk/details/r/C815 |title=Records of the Welsh Department and successors |date=1880–1983 |others=Board of Education, Board of Education, Welsh Department, Department of Education and Science, Education Office for Wales, Department of Education and Science, Welsh Education Office, Education Department, Ministry of Education, Welsh Department |language=English}}</ref> In 1907, the Welsh department of the [[Board of education|Board of Education]] was formed and in the same year, a Welsh Inspectorate was established for inspection of primary and secondary schools in Wales.<ref name=":0" />
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The early 20th century also saw the continued formation of a number of Welsh national institutions; the [[National Library of Wales]] in 1911,<ref>{{Cite web|title=History of the Building {{!}} The National Library of Wales|url=https://www.library.wales/librarybuilding/historyofthebuilding|access-date=2022-02-04|website=www.library.wales}}</ref> the [[Welsh Guards]] in 1915<ref>{{Cite web|title=Welsh Guards|url=https://www.army.mod.uk/who-we-are/corps-regiments-and-units/infantry/welsh-guards/|access-date=2022-02-04|website=www.army.mod.uk|language=en-GB}}</ref> and the Welsh Board of Health in 1919.<ref>{{Cite book|url=https://discovery.nationalarchives.gov.uk/details/r/C923|title=Records of the Welsh Board of Health|date=1919–1969|others=Welsh Board of Health|language=English}}</ref> The [[Church in Wales]] came into existence in 1920 following the disestablishment of the [[Church of England]] via the [[Welsh Church Act 1914]].<ref>{{Cite web|url=https://www.legislation.gov.uk/ukpga/Geo5/4-5/91|title=Welsh Church Act 1914}}</ref>
[[File:Parch Lewis Valentine yn ifanc.jpg|thumb|253x253px|[[Lewis Valentine]], first president of [[Plaid Cymru]].<ref>{{Cite web |title=Fire in Llŷn |url=https://www.peoplescollection.wales/story/378207 |access-date=2023-01-27 |website=Peoples Collection Wales |language=en}}</ref>]]
There had been discussions about the need for a "Welsh party" since the 19th century.<ref>Davies (1994) pp. 415, 454</ref> With the generation or so before 1922 there "had been a marked growth in the constitutional recognition of the Welsh nation", wrote historian [[John Davies (historian)|Dr John Davies]].<ref>Davies (1994) pp. 544</ref> By 1924 there were people in Wales "eager to make their nationality the focus of Welsh politics".<ref name="Daviesp547">Davies (1994) pp. 547</ref> In 1925 Plaid Genedlaethol Cymru ("the National Party of Wales") was founded; it was renamed [[Plaid Cymru|Plaid Cymru – The Party of Wales]] in 1945. The party's principles defined in 1970 were (1) self government for Wales, (2) to safeguard the culture, traditions, language and economic position of Wales and (3) to secure membership for a self-governing Welsh state in the United Nations.<ref name=":82">{{Cite journal |last=Lutz |first=James M. |date=1981 |title=The Spread of the Plaid Cymru: The Spatial Impress |url=https://www.jstor.org/stable/447358 |journal=The Western Political Quarterly |volume=34 |issue=2 |pages=310–328 |doi=10.2307/447358 |issn=0043-4078 |jstor=447358|url-access=subscription }}</ref>
 
Early members of the Independent Labour Party attempted to establish a South Wales Federation towards the end of the 19th century but the South Wales Regional Council of Labour was not established until 1937.<ref name=":22">{{Cite web |title=Labour Party Wales Archives - National Library of Wales Archives and Manuscripts |url=https://archives.library.wales/index.php/labour-party-wales-archives |access-date=2023-01-13 |website=archives.library.wales}}</ref> The UK Labour government elected in 1945 was strongly centrist, but in the same year, there were 15 UK Government departments established in Wales.<ref name=":21" /><ref>{{Cite book |last=Torrence |first=David |url=https://researchbriefings.files.parliament.uk/documents/CBP-8318/CBP-8318.pdf |title=Devolution in Wales: "A process, not an event" |publisher=House of Commons Library |year=2022 |pages=9}}</ref> By 1947, a unified Welsh Regional Council of Labour became responsible for all Wales.<ref name=":22" /> In 1959 the Labour council title was changed from "Welsh Regional council" to "Welsh council", and the Labour body was renamed Labour Party Wales in 1975.<ref name=":22" />
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==== National Assembly referendums ====
{{See also|Yes for Wales}}
The UK Labour government introduced separate devolution bills for Wales, Scotland and Northern Ireland in 1977 following the support for a Scottish parliament by the [[Royal Commission on the Constitution (United Kingdom)|Kilbrandon Commission]].<ref name=":18">{{Cite web |title=Welsh Referendum |url=https://www.bbc.co.uk/news/special/politics97/devolution/wales/briefing/79referendums.shtml |access-date=2022-02-10 |website=www.bbc.co.uk}}</ref> On [[Saint David's Day|St David's Day]] (March 1), [[1979 Welsh devolution referendum]] was held on a National[[Welsh Assembly for (Wales Act 1978)|Welsh Assembly]] but came at the end of the [[Winter of Discontent]] in addition to "tribalism" divisions within Wales. According to [[John Morris, Baron Morris of Aberavon|John Morris]], people in southern Wales were persuaded that the Assembly would be dominated by "bigoted Welsh-speakers from the north and the west" whilst in the northern Wales, people were persuaded that the Assembly would be dominated by Glamorgan County Council “Taffia”.<ref>{{Cite web |last=WalesOnline |date=2011-10-02 |title=Lord Morris of Aberavon lifts the lid on the disastrous 1979 devolution referendum |url=http://www.walesonline.co.uk/lifestyle/showbiz/lord-morris-aberavon-lifts-lid-1803341 |access-date=2022-12-09 |website=WalesOnline |language=en}}</ref> [[Richard Wyn Jones]] also suggests that suspicions of a secret elite of a "Taffia" or "crachach" may have affected the referendum results,“There was a perception amongst anti-devolutionists that devolution was some sort of plot by the establishment, by the crachach. Their [the anti-devolutionists’] idea that they were standing up for ‘the people’ was reinforced by 1979.” <ref>{{Cite web |last=Williamson |first=David |date=2009-03-05 |title=Spectre of the Taffia could still threaten hopes of a law-making Assembly |url=http://www.walesonline.co.uk/news/wales-news/spectre-taffia-could-still-threaten-2116134 |access-date=2023-02-25 |website=WalesOnline |language=en}}</ref> Welsh voters voted against forming an Assembly, with 79.7% voting against and 20.3% who voting Yes. Meanwhile, Scotland had narrowly voted in favour of a [[Scottish Parliament|Scottish parliament]] with 51.6% in favour.<ref name=":18" />
 
The [[Welsh Language Act 1993]] provided a new law for public organisations in Wales to have bilingual schemes, which would be supervised by the [[Welsh Language Board]]. Some private sector companies including British Telecoms (BT) and British Gas had already included Welsh language schemes in company policies before this Act.<ref>{{Cite news|date=2010-12-07|title=Q&A: New Welsh language legislation|language=en-GB|work=BBC News|url=https://www.bbc.com/news/uk-wales-politics-11932770|access-date=2022-02-03}}</ref>
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=== Devolved legislature (1998–present) ===
{{main|Senedd|Welsh Government|ListDevolved, ofreserved devolvedand excepted matters in Wales}}
 
[[File:Senedd.JPG|thumb|270x270px|[[Senedd building]], Cardiff Bay (formerly National Assembly for Wales).]]
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== Currently devolved powers ==
{{main|ListDevolved, ofreserved devolvedand excepted matters in Wales}}
 
The powers currently employed by the Senedd are, in summary:
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# [[Federalism in the United Kingdom|Federal structures]]
# [[Welsh independence|Independence]]<ref name=":162">{{Cite web |title=Interim report by The Independent Commission on the Constitutional Future of Wales |url=https://gov.wales/sites/default/files/publications/2022-12/independent-commission-the-constitutional-future-of-wales-interim-report-december-2022.pdf}}</ref>
Among calls for specific matters to be devolved to Wales are powers over; Broadcasting,<ref>{{Citation |last=Deacon |first=Russell |title=1 The Evolution of Welsh Devolution |date=2018-01-23 |url=http://dx.doi.org/10.1515/9780748699742-004 |work=The Government and Politics of Wales |pages=1–21 |access-date=2022-11-29 |publisher=Edinburgh University Press |doi=10.1515/9780748699742-004 |isbn=9780748699742|url-access=subscription }}</ref> the [[Crown Estate in Wales]]<ref>{{Cite web |title=Plenary 24/01/2023 |url=https://record.senedd.wales/Plenary/13189 |access-date=2023-01-29 |website=Welsh Parliament |language=en}}</ref> and natural resources,<ref>{{Cite web |date=2022-08-25 |title=Petition calling for the Senedd to have control over Wales' water signed by over 2,500 in just a few hours |url=https://nation.cymru/news/petition-senedd-wales-water-control/ |access-date=2022-08-30 |website=Nation.Cymru |language=en-GB}}</ref> Shared Prosperity Fund,<ref>{{Cite web |date=2022-03-22 |title=Plaid Cymru MP introduces Bill calling for the devolution of post-EU funds to Wales |url=https://nation.cymru/news/plaid-cymru-mp-introduces-bill-calling-for-the-devolution-of-post-eu-funds-to-wales/ |access-date=2023-03-11 |website=Nation.Cymru |language=en-GB}}</ref> bank holidays,<ref>{{Cite web |last=Mosalski |first=Ruth |date=2022-02-15 |title=10,000 want St David's Day to be a bank holiday but UK gov says no |url=https://www.walesonline.co.uk/news/politics/st-davids-day-bank-holiday-23099964 |access-date=2022-02-22 |website=WalesOnline |language=en}}</ref> energy firm taxation & regulation,<ref>{{Cite web |date=2022-02-16 |title=Mark Drakeford dismisses call for power to tax energy firms to be held in Wales |url=https://nation.cymru/news/mark-drakeford-dismisses-call-for-power-to-tax-energy-firms-to-be-held-in-wales/ |access-date=2022-03-09 |website=Nation.Cymru |language=en-GB}}</ref> gender self-identification,<ref>{{Cite web |last=Duffy |first=Nick |date=2023-02-07 |title=Welsh Government to seek devolution of gender recognition laws amid Scotland battle |url=https://inews.co.uk/news/wales-welsh-government-devolution-gender-recognition-laws-scotland-battle-2131989 |access-date=2023-02-14 |website=inews.co.uk |language=en}}</ref> the justice system,<ref>{{Cite web |date=2022-11-29 |title=Plaid Cymru call for devolution of justice to Wales - 'we can't be treated as an appendage to England' |url=https://nation.cymru/news/plaid-cymru-devolution-justice/ |access-date=2022-11-29 |website=Nation.Cymru |language=en-GB}}</ref> rail infrastructure,<ref>{{Cite web |last=Hayward |first=Will |date=2023-03-17 |title=Wales misses out on £1bn from a second major English rail project |url=https://www.walesonline.co.uk/news/politics/wales-misses-out-1bn-uk-26499793 |access-date=2023-03-18 |website=WalesOnline |language=en}}</ref> setting rates and bands of all income tax,<ref>{{Cite web |date=2023-02-08 |title=Power to set tax rates could help Wales tackle cost of living crisis says Plaid |url=https://nation.cymru/news/power-to-set-tax-rates-could-help-wales-tackle-cost-of-living-crisis-says-plaid/ |access-date=2023-02-08 |website=Nation.Cymru |language=en-GB}}</ref> welfare system and full taxation powers.<ref>{{Cite web |title='Wales needs full control over welfare and taxation' |url=https://www.thenational.wales/news/19838305.sioned-williams-welfare-taxation-devolved-wales/ |url-status=dead |archive-url=https://web.archive.org/web/20220205005743/https://www.thenational.wales/news/19838305.sioned-williams-welfare-taxation-devolved-wales/ |archive-date=2022-02-05 |access-date=2022-02-05 |website=The National Wales |language=en}}</ref>
 
== Limitations relating to reserved matters ==
== Restrictions by UK government ==
Welsh devolution operates on a reserved powers model with specific areas being "reserved" to be the responsibility of the [[Parliament of the United Kingdom|UK Parliament]], including the Crown, the union, the UK Parliament, defence, national security, foreign affairs, immigration, fiscal policy, monetary policy, energy (with some exceptions), broadcasting, and telecommunications.<ref name="auto5">{{Cite web |title=Devolved areas |url=https://law.gov.wales/constitution-and-government/law-making-wales/devolved-areas |access-date=2025-01-01 |publisher=Law Wales}}</ref> Furthermore, justice and policing is also reserved, therefore other matters such as measures addressing anti-social behaviour and alcohol licensing are too.<ref name="auto4">{{Cite web |title=Chapter 5: devolution boundaries |url=https://www.gov.wales/independent-commission-on-the-constitutional-future-of-wales-final-report-chapter-5-html |access-date=2025-01-01 |publisher=Welsh Government}}</ref>
The UK Parliament passed the [[United Kingdom Internal Market Act 2020|UK Internal Market Act in 2020]] which "directly constrains devolution" according to the [[Scottish Government]]. The actions of the Act are described in a report by [[Member of the Scottish Parliament|Scottish MSP]], [[Michael Russell (Scottish politician)|Michael Russell]]''',''' Cabinet Secretary for Constitution, Europe and External Affairs; The act allows goods sold in one part of the UK to be automatically accepted in the rest of the UK, despite differing devolved rules. The act can also cause the regulation of service in one part of the UK to be recognised across the whole UK. The act allows UK ministers to spend on devolved policies without the approval of the devolved parliament.<ref>{{Cite web |title=After Brexit: The UK Internal Market Act and devolution |url=http://www.gov.scot/publications/brexit-uk-internal-market-act-devolution/pages/1/ |access-date=2022-02-06 |website=www.gov.scot |language=en}}</ref>
 
Acts of Senedd Cymru are restricted constitutionally. They must not modify the law on reserved matters, cannot generally modify private law (such as contract, tort and property) unless for a devolved purpose, and they cannot modify certain criminal offences or criminal law procedures.<ref name="auto5" /> Welsh legislation cannot modify protected enactments such as the [[Human Rights Act 1998]] or the [[Civil Contingencies Act 2004]], and cannot confer functions on reserved authorities without UK Government consent.<ref name="auto5" />
The [[Welsh Government]] has voiced concerns over the [[United Kingdom Internal Market Act 2020]], passed by the UK Parliament, describing its passing as an "attack on its competence". It launched a request for [[Judicial review in English law|judicial review]] of the act, which was rejected on the ground of being premature by the [[Divisional court (England and Wales)|divisional court.]] As of February 2022, the Welsh government awaited an appeal of the divisional court's decision.<ref>{{Cite web |title=Written Statement: Legal challenge to the UK Internal Market Act 2020 – Update (29 June 2021) |url=https://gov.wales/written-statement-legal-challenge-uk-internal-market-act-2020-update |access-date=2022-02-06 |website=GOV.WALES |date=29 June 2021 |language=en}}</ref>
 
The UK Parliament has since passed the [[United Kingdom Internal Market Act 2020|UK Internal Market Act in 2020]], which establishes the presumption that, in general, goods, services and professional qualifications that are sold or recognised in other parts of the UK, should be able to be sold or recognised in any other part of the UK, regardless local laws. The act however does not affect the ability of the Senedd to pass laws in its devolved areas (the Senedd's legislative competence), but it does impact the practicalness of enforcing its laws.<ref name=":6">{{Cite web |title=The UK Internal Market Act: How does it impact Welsh law? |url=https://research.senedd.wales/research-articles/the-uk-internal-market-act-how-does-it-impact-welsh-law/ |access-date=2025-08-31 |website=research.senedd.wales |language=en-GB}}</ref>
 
The [[Scottish Government]] states that the act "directly constrains devolution", it may cause the regulation of service in one part of the UK to be recognised across the whole UK, and would allow UK ministers to intervene on devolved policies without the approval of the devolved parliament.<ref>{{Cite web |title=After Brexit: The UK Internal Market Act and devolution |url=http://www.gov.scot/publications/brexit-uk-internal-market-act-devolution/pages/1/ |access-date=2022-02-06 |website=www.gov.scot |language=en}}</ref> The Senedd refused to [[Legislative consent motion|provide consent]] for the act itself.<ref name=":6" /> The [[Welsh Government]] has also voiced concerns over the [[United Kingdom Internal Market Act 2020]], passed by the UK Parliament, describing its passing as an "attack on its competence".<ref name=":7" />
 
The [[Welsh Government]] has voiced concerns over the [[United Kingdom Internal Market Act 2020]], passed by the UK Parliament, describing its passing as an "attack on its competence". It launched a request for [[Judicial review in English law|judicial review]] of the act, which was rejected on the ground of being premature by the [[Divisional court (England and Wales)|divisional court.]] As of February 2022, the Welsh government awaited an appeal of the divisional court's decision.<ref name=":7">{{Cite web |title=Written Statement: Legal challenge to the UK Internal Market Act 2020 – Update (29 June 2021) |url=https://gov.wales/written-statement-legal-challenge-uk-internal-market-act-2020-update |access-date=2022-02-06 |website=GOV.WALES |date=29 June 2021 |language=en}}</ref>
 
=== Intervention powers ===
The Secretary of State for Wales possesses intervention powers under section 114 of the Government of Wales Act 2006. They may make an order prohibiting the submission of a Senedd bill for Royal Assent if they have reasonable grounds to believe the bill would have an adverse effect on reserved matters, would be incompatible with international obligations, or would affect the interests of defence or national security.<ref name="auto10">{{Cite web |title=Can the UK Government block Welsh legislation? |url=https://research.senedd.wales/research-articles/can-the-uk-government-block-welsh-legislation/ |access-date=2025-01-01 |publisher=Senedd Research}}</ref><ref>{{Cite web |title=Government of Wales Act 2006, Section 114 |url=https://www.legislation.gov.uk/ukpga/2006/32/section/114 |access-date=2025-01-01 |publisher=legislation.gov.uk}}</ref> This power has never been used in relation to Welsh legislation, although the equivalent section 35 power in Scotland was used for the first time in 2023.<ref name="auto10" />
 
== Assessment of devolution ==
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==Political party position on devolution==
[[Welsh Labour]] and the [[Welsh Liberal Democrats]] support further devolution for Wales, as well as reform/[[Federalism in the United Kingdom|federalism of the United Kingdom.]]<ref>{{Cite web |title=Our Nation |url=https://movingforward.wales/our-nation.html |access-date=2022-08-09 |website=movingforward.wales |archive-date=2023-01-13 |archive-url=https://web.archive.org/web/20230113190914/https://movingforward.wales/our-nation.html |url-status=dead }}</ref><ref>{{Cite book |url=https://d3n8a8pro7vhmx.cloudfront.net/ldwales/pages/4049/attachments/original/1618503084/Welsh_Liberal_Democrat_2021_Manifesto.pdf?1618503084 |title=2021 manifesto Put Recovery First}}</ref> [[Plaid Cymru]] supports further devolution for Wales as well as independence.<ref>{{Cite web |title=Plaid Cymru campaign for devolution of broadcasting "step closer" following establishment of new expert panel |url=https://www.partyof.wales/devo_broadcasting1 |access-date=2022-08-09 |website=The Party of Wales |date=20 June 2022 |language=en}}</ref><ref>{{Cite news |date=2022-03-27 |title=Welsh independence to take longer than hoped, admits Adam Price |language=en-GB |work=BBC News |url=https://www.bbc.com/news/uk-wales-60893892 |access-date=2022-08-09}}</ref> [[Wales Green Party]] and [[Gwlad]] also both support Welsh independence whilst [[Propel (political party)|Propel]] supports national [[sovereignty]] for Wales.<ref>{{Cite web |date=2020-10-27 |title=EXCLUSIVE: "Wales can stand alone" says Green leader as Welsh party backs independence |url=https://leftfootforward.org/2020/10/exclusive-wales-can-stand-alone-says-green-leader-as-welsh-party-backs-independence/ |access-date=2022-08-09 |website=Left Foot Forward: Leading the UK's progressive debate |language=en-GB}}</ref><ref>{{Cite web |title=Gwlad - llais newydd dros annibyniaeth i Gymru |url=https://gwlad.org/ |access-date=2022-08-09 |website=Gwlad |language=en-US}}</ref><ref>{{Cite book |url=https://d3n8a8pro7vhmx.cloudfront.net/propel/pages/120/attachments/original/1615217332/Constitution.pdf?1615217332 |title=Propel Constitution |year=2019}}</ref> The [[Welsh Conservatives]] support the devolution system as it currently stands.<ref name=":15">{{Cite news |date=2021-04-22 |title=Welsh election 2021: Who should I vote for? Compare party policies |language=en-GB |work=BBC News |url=https://www.bbc.com/news/uk-wales-politics-56499726 |access-date=2022-08-09}}</ref> The [[UK Independence Party]] and [[Abolish the Welsh Assembly Party]] both support reduced or the abolishment of devolution.<ref name=":15" />
 
==Referendum results and opinion polling==