Federalisation Bill 2021
A bill to make provisions for establishing a confederate structure of governance within the United Kingdom, to devolve parliamentary sovereignty to Constituent Nations, to establish the structure of the United Kingdom and which subjects in which it retains competence, and for related purposes.Bill ID | B057 |
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Author(s) | Sir Llywelyn ap Iorwerth mp |
Amended by | N/A |
First reading | TBC |
Royal assent | TBC |
Commencement | TBC |
Affected legislation |
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
The United Kingdom of Great Britain and Northern Ireland
Preliminary
1 Declaration of the United Kingdom of Great Britain and Northern Ireland
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The United Kingdom of Great Britain and Northern Ireland shall be continue to be called the United Kingdom of Great Britain and Northern Ireland, hereinafter called “the United Kingdom”.
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The Constituent Nations of the United Kingdom, hereinafter called “the Constituent Nations”, will be-
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The State of England
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The State of Scotland
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The State of Wales
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The State of Northern Ireland
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The Constituent Nations of the United Kingdom shall be recognized as sovereign independent co-equal States.
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Her Majesty will become the head of state of all Constituent Nations and will remain the symbolic head of state for the United Kingdom.
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All Constituent Nations shall recognise the Monarch of the United Kingdom as the head of state.
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The Parliament of the United Kingdom shall continue to work as the legislative body of the United Kingdom.
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The United Kingdom is to adopt a federal system of government.
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Parliamentary sovereignty shall be split between the Parliament of the United Kingdom and the legislatures of the Constituent Nations.
Legislative Competences
2 Recognition of UK Law
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Acts of Parliament passed by the UK parliament before the commencement of this act shall continue to be recognised as the law of the land and of the Constituent Nations until-
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a new act overrides it,
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the act is repealed,
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or a Constituent Nation decides to override the act in which case the law of the Constituent Nation will take precedent over the old Act of Parliament.
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This also applies to Acts of Parliament that was passed in relation to a subject in which the Parliament no longer holds competence.
3 Legislative Competence of Parliament
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An Act of Parliament is not law so far as any provision of the Act is outside the legislative competence of Parliament.
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A provision is outside that competence so far as any of the following paragraphs apply-
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it legislates on the subject matter of this Act without following the procedure laid out in Section 15,
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it is incompatible with any of the Convention rights or with EU law.
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4 Legislative Competence of Constituent Nations
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The Parliaments of the Constituent Nations may legislate on anything not designated an Exclusive Competence under Schedule 1.
5 Amendments to Existing Acts
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This Act shall take the responsibility of defining the competences of Constituent Nations. No measure in the Government of Wales Act 2006 or the Scotland Act 1998 shall prevent that from being the case.
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In the Government of Wales Act, under Section 108A, in Subsection (2):
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Remove "England and" from sub-clause (a)
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In sub-clause (c) change "Schedule 7A" with "Schedule 1 of the Federalisation Act 2021"
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Remove sub-clause (d)
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In the Government of Wales Act 2006, remove Schedule 7A and 7B.
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In the Scotland Act 1998, Section 30, Subsection (1) replace "Schedule 5" with "Schedule 1 of the Federalisation Act 2021".
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In the Scotland Act 1998, remove Schedule 5.
Values of the United Kingdom
6 Overarching Values
- The United Kingdom is founded on the values of respect for human dignity, freedom, democracy, equality, freedom of speech and expression, the rule of law, and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Constituent Nations in a society in which no indidividual or member of any minority is subject to harassment or intimidation on the basis of their beliefs, appearance, race or gender, and where political freedom is upheld at all levels of society.
7 Further Aims and Values
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the United Kingdom’s aim is to promote peace, its values, and the well-being of its peoples.
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the United Kingdom shall offer its citizens an area of freedom, security and justice without internal frontiers, in which the free movement of persons is ensured in conjunction with appropriate measures with respect to external border controls, asylum, immigration and the prevention and combating of crime.
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It shall combat social exclusion and discrimination, and shall promote social justice and protection, equality between women and men, solidarity between generations and protection of the rights of the child.
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It shall promote economic, social and territorial cohesion, and solidarity among Constituent Nations.
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It shall respect its rich cultural and linguistic diversity, and shall ensure that the United Kingdom’s cultural heritage is safeguarded and enhanced.
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In its relations with the wider world, the United Kingdom shall uphold and promote its values and interests and contribute to the protection of its citizens. It shall contribute to peace, security, the sustainable development of the Earth, solidarity and mutual respect among peoples, free and fair trade, eradication of poverty and the protection of human rights, in particular the rights of the child, as well as to the strict observance and the development of international law, including respect for the principles of the United Nations Charter.
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It shall work to combat the climate crisis, protect the environment from over-extraction, to ensure that any development is sustainable and does not jeopardise the needs of future generations.
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The United Kingdom will uphold at all levels freedom of speech, expression and belief. The United Kingdom shall make no law impinging on the freedom to exercise religious belief, abridging freedom of speech, the press, or the right of the people to peacefully assemble.
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The United Kingdom shall uphold the rights of individuals to identify and express their sexual orientation and gender identity, and shall uphold to protect LGBTQ individuals from harassment, intimidation. The United Kingdom shall make no law establishing discrimination against any group based on sexual orientation or gender identity.
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the United Kingdom shall pursue its objectives by appropriate means commensurate with the competences which are conferred upon it in this Act.
Miscellaneous and General
Entrance into and Withdrawal from the United Kingdom
8 Becoming a Constituent Nation of the United Kingdom
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Any State which respects the values referred to in Chapter 3 and is committed to promoting them may apply to become a member of the United Kingdom.
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In order to join and stay a part of the United Kingdom the State has to recognise the reigning monarch of the United Kingdom as the head of state.
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The Parliament of the United Kingdom and the parliaments of the Constituent Nations shall be notified of this application.
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The applicant State shall address its application to the Government, which shall act unanimously after receiving the consent of the Parliament and the Constituent Nations of the United Kingdom.
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The conditions of admission and the adjustments to this Act, which such admission entails, shall be the subject of an agreement between the Constituent Nations and the applicant State. This agreement shall be submitted for ratification by all the Constituent Nations in accordance with their respective constitutional requirements.
9 Withdrawal from the United Kingdom
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Any Constituent Nation may decide to withdraw from the United Kingdom in accordance with its own constitutional requirements.
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A Constituent Nation which decides to withdraw shall notify Her Majesty and the Government of its intention. the United Kingdom shall negotiate and conclude an agreement with that Constituent Nation, setting out the arrangements for its withdrawal, taking into account of the framework for its future relationship with the United Kingdom.
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If a State which has withdrawn from the United Kingdom asks to rejoin, its request shall be subject to the procedure referred to in Section 8
- No secession to be considered lawful unless a referendum has been held in the constituent nation on the subject of secession, with over 50% of votes cast in favour.
- In order for a referendum to be recognised on the secession of devolved region, a plebiscite must be held triggering with a majority of yes votes.
- Upon the majority of yes votes being received Article 9 is triggered and negotiations for independence begin, lasting 5 years in duration.
- The period may be cut short if a deal is reached before that time.
- A plebsicite must be held on the deal with a choice between the deal on independence and remaining with the UK, with the verdict of that plebscite respected, before independence takes effect.
- If no deal is reached or both sides agree to terminate the talks, a referendum is held at the end of the 5 year period on a no deal exit from the UK or remaining a member of the UK
10 Entrance into the United Kingdom upon Secession from a Constituent Nation
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Any State that has through legal means seceded from a Constituent Nation shall have the automatic right to continue as a Constituent Nation of the United Kingdom shall the State wish to do so.
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Every Constituent Nation shall have a process of legal secession through democratic means in line with the values in Chapter 3.
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The Parliament of the United Kingdom reserves the right to determine the future relationship between the United Kingdom and the Shetland Islands and the Duchy of Cornwall.
Disciplinary Action
11 Process of Disciplinary Action
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The Parliament of the United Kingdom shall be able to pursue disciplinary action against a Constituent Nation shall that State be found to be in breach of the terms laid out in Section 12 and 13.
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Parliament is able to take measures such as sanctions, forceful removal from the United Kingdom or other actions it deem necessary.
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A motion to enact such actions shall require a 2/3 majority in both Houses and for a majority of Constituent Nations to give consent to such actions.
12 Violation of the Values of the United Kingdom
- Any Constituent Nation that is found to be in breach of the values referred to in Chapter 3 shall be subject to disciplinary actions in accordance with Section 11.
13 Violation of International Law and Human Rights
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Any Constituent Nation shall also be subject to disciplinary action in accordance with Section 11 if it is found to be in breach of-
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EU law,
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International law,
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the European Convention on Human Rights,
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and the Universal Declaration of Human Rights
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Emergency Powers
International Treaties and Agreements
14 Treaties in which the United Kingdom is a signatory
- the United Kingdom shall hold responsibility for upholding the United Kingdoms commitments in any treaty or agreement signed by the Untied Kingdom.
15 New Agreements and Treaties
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the United Kingdom shall be able to sign any international treaty or agreement in accordance with the legislative competence given to the United Kingdom in Section 7.
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The Government of the United Kingdom shall lay any international agreements or treaties before Parliament and the Parliaments of the Constituent Nations. The agreement or treaty requires the unanimous consent of Parliament and the Parliaments of the Constituent Nations.
16 The Belfast Agreement
- This Act does not affect the State of Northern Ireland’s right to leave the United Kingdom and join the Republic of Ireland, in accordance with the Belfast Agreement commonly referred to as the Good Friday Agreement.
17 Establishment of an English Parliament
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There should be an English Parliament.
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The Government of the United Kingdom should make provisions for the establishment of an English Parliament before the end of the current Parliamentary session.
Altering or Amending of This Act
18 Power to amend or alter this act
This bill can be altered if Parliament votes to enact a change to this act of this act, which will trigger a national plebiscite on the constitutional changes. The Electoral Commission must to certify that a majority of votes were cast in favour for the changes to take effect.
19 Contingent Referendum
- A referendum will be will held with the question: Should the Federalisation Bill 2021 proposed by HM Government go into effect?
- The options on the ballot paper will be "Yes" and "No".
- The Government will hold this referendum at a time decided by the cabinet.
- The terms of this bill will not go into effect until and unless over 50% of votes cast are cast for 'yes'.
- A bill judged to likewise be a replacement constitution for the United Kingdom or a significant alteration to the constitutional settlement will likewise require a referendum before going into effect.
Supplementary
Commencement, Extent, and Short Title
20 Commencement
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Section 18 subsection 1 come into force on the date of the next election.
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All other parts of this Act come into force on the passing of this Act.
21 Extent
- This Act extends to England, Wales, Scotland, and Northern Ireland.
22 Short Title
- This Act may be cited as the Federalisation Act 2021
Schedule 1
Exclusive Competences
The Crown
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The Crown, including succession to the Crown and a regency.
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To Her Majesty in right of the Crown, to Her Majesty in right of the Duchy of Lancaster, or to the Duchy of Cornwall.
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The hereditary revenues of the Crown.
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The royal arms and standard.
Internal and External Trade, The Currency, and Monetary Policy
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The customs union of the United Kingdom.
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Competition rules necessary for the functioning of the internal market.
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Fiscal, economic and monetary policy, including the issue and circulation of money, excise duties, government borrowing and lending, control over United Kingdom public expenditure, the exchange rate and the Bank of England.
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Coinage, legal tender, bank notes
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Fishing quotas
Defence
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Defence policy.
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The British Army, Royal Navy, and the Royal Air Force.
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The Trident Program.
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The Secret Intelligence Service.
Foreign Affairs
- International relations and participation in international organisations.
The Union
- The subject-matter of this Act