Federalisation Bill 2021

As amended

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

  1. 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 Union The United Kingdom”.

  2. The Constituent States Constituent Nations of the Union The United Kingdom, hereinafter called “the Constituent States Constituent Nations”, will be-

    1. The State of England

    2. The State of Scotland

    3. The State of Wales

    4. The State of Northern Ireland

  3. The Constituent States Constituent Nations of the Union The United Kingdom shall be recognized as sovereign independent co-equal States.

  4. Her Majesty will become the head of state of all Constituent States Constituent Nations and will remain the symbolic head of state for the Union The United Kingdom.

  5. All Constituent States Constituent Nations shall recognise the Monarch of the United Kingdom as the head of state.

  6. The Parliament of the United Kingdom shall continue to work as the legislative body of the Union The United Kingdom.

  7. the Union The United Kingdom is to adopt a confederate structure of governance.

  8. In accordance with these declarations, the Parliament of the United Kingdom shall devolve all parliamentary sovereignty to the Parliaments of the Constituent States. The Parliaments of the Constituent Nations may legislate on anything not designated an Exclusive Competence under Schedule 1.

Recognition of UK Law

2 Recognition of UK law

  1. 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 States Constituent Nations until-

    1. a new act overrides it,

    2. the act is repealed,

    3. or a Constituent State Constituent Nation decides to override the act in which case the law of the Constituent State Constituent Nation will take precedent over the old Act of Parliament.

  2. This also applies to Acts of Parliament that was passed in relation to a subject in which the Parliament no longer holds competence.

Values of the Union The United Kingdom

3 Overarching Values

  1. the Union The United Kingdom is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law, and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Constituent States Constituent Nations in a society in which pluralism, non-discrimination, tolerance, justice, solidarity, and equality between women and men prevail.

4 Further Aims and Values

  1. the Union The United Kingdom’s aim is to promote peace, its values, and the well-being of its peoples.

  2. the Union 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.

  3. the Union The United Kingdom shall preserve the internal market. It shall work for the sustainable development of the Union The United Kingdom based on balanced economic growth and price stability, a highly competitive social market economy, aiming at full employment and social progress, and a high level of protection and improvement of the quality of the environment. It shall promote scientific and technological advance.

  4. 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.

  5. It shall promote economic, social and territorial cohesion, and solidarity among Constituent States Constituent Nations.

  6. It shall respect its rich cultural and linguistic diversity, and shall ensure that the Union The United Kingdom’s cultural heritage is safeguarded and enhanced.

  7. In its relations with the wider world, the Union 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.

  8. 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.

  9. the Union The United Kingdom shall pursue its objectives by appropriate means commensurate with the competences which are conferred upon it in this Act.

The Parliament of the United Kingdom

Preliminary

5 Parliament of the United Kingdom

  1. The Parliament of the United Kingdom of Great Britain and Northern Ireland and its two Houses shall continue to function as the legislative body of the United Kingdom.

Legislation

6 Acts of Parliament

  1. Subject to Section 7, the Parliament may make laws, to be known as Acts of Parliament.

  2. Proposed Acts of Parliament shall be known as Bills; and a Bill shall become an Act of Parliament when it has been passed by the Parliament and has received Royal Assent.

  3. A Bill receives Royal Assent at the beginning of the day on which Letters Patent under the Great Seal signed with Her Majesty’s own hand signifying Her Assent are recorded in the Register of the Great Seal.

  4. The date of Royal Assent shall be written on the Act of Parliament by the Clerk, and shall form part of the Act.

  5. The validity of an Act of Parliament is not affected by any invalidity in the proceedings of the Parliament leading to its enactment.

  6. Every Act of Parliament shall be judicially noticed.

7 Legislative Competence

  1. An Act of Parliament is not law so far as any provision of the Act is outside the legislative competence of the Parliament.

  2. A provision is outside that competence so far as any of the following paragraphs apply-

    1. it legislates on matters not listed in Schedule 1,

    2. it is incompatible with any of the Convention rights or with EU law.

Miscellaneous and General

Entrance into and Withdrawal from the Union The United Kingdom

5 Becoming a Constituent State Constituent Nation of the Union The United Kingdom

  1. 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 Union The United Kingdom.

  2. In order to join and stay a part of the Union The United Kingdom the State has to recognise the reigning monarch of the United Kingdom as the head of state.

  3. The Parliament of the Union The United Kingdom and the parliaments of the Constituent States Constituent Nations shall be notified of this application.

  4. The applicant State shall address its application to the Government, which shall act unanimously after receiving the consent of the Parliament and the Constituent States Constituent Nations of the Union The United Kingdom.

  5. The conditions of admission and the adjustments to this Act, which such admission entails, shall be the subject of an agreement between the Constituent States Constituent Nations and the applicant State. This agreement shall be submitted for ratification by all the Constituent States Constituent Nations in accordance with their respective constitutional requirements.

6 Withdrawal from the Union The United Kingdom

  1. Any Constituent State Constituent Nation may decide to withdraw from the Union The United Kingdom in accordance with its own constitutional requirements.

  2. A Constituent State Constituent Nation which decides to withdraw shall notify Her Majesty and the Government of its intention. the Union The United Kingdom shall negotiate and conclude an agreement with that Constituent State Constituent Nation, setting out the arrangements for its withdrawal, taking into account of the framework for its future relationship with the Union The United Kingdom.

  3. If a State which has withdrawn from the Union The United Kingdom asks to rejoin, its request shall be subject to the procedure referred to in Section 8

    4.
  4. 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.
    5.
  5. 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.
  6. Upon the majority of yes votes being received Article 9 is triggered and negotiations for independence begin, lasting 5 years in duration.
  7. The period may be cut short if a deal is reached before that time.
  8. 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.
  9. 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.

7 Entrance into the Union The United Kingdom upon Secession from a Constituent Nation

  1. Any State that has through legal means seceded from a Constituent State Constituent Nation shall have the automatic right to continue as a Constituent State Constituent Nation of the Union The United Kingdom shall the State wish to do so.

  2. Every Constituent State Constituent Nation shall have a process of legal secession through democratic means in line with the values in Chapter 3.

  3. The Parliament of the United Kingdom reserves the right to determine the future relationship between the Union The United Kingdom and the Shetland Islands and the Duchy of Cornwall.

Disciplinary Action

8 Process of Disciplinary Action

  1. The Parliament of the United Kingdom shall be able to pursue disciplinary action against a Constituent State Constituent Nation shall that State be found to be in breach of the terms laid out in Section 12 and 13.

  2. Parliament is able to take measures such as sanctions, forceful removal from the Union The United Kingdom or other actions it deem necessary.

  3. A motion to enact such actions shall require a 2/3 majority in both Houses and for a majority of Constituent States Constituent Nations to give consent to such actions.

9 Violation of the Values of the Union The United Kingdom

  1. Any Constituent State 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.

10 Violation of International Law and Human Rights

  1. Any Constituent State Constituent Nation shall also be subject to disciplinary action in accordance with Section 11 if it is found to be in breach of-

    1. EU law,

    2. International law,

    3. the European Convention on Human Rights,

    4. and the Universal Declaration of Human Rights

Emergency Powers

14 Emergency Legislative Powers

  1. In case of a national emergency, Parliament can request emergency legislative powers to legislate on matters that it does not have competence.

  2. If Parliament requires such emergency legislative powers, they should notify the Parliaments of the Constituent States Constituent Nations of their intentions.

  3. Parliament can state the length of the emergency powers in their request, with a maximum of 6 months.

  4. The emergency powers is considered granted when Parliament has received consent from all Constituent nations.

  5. The emergency powers can be renewed, if the Constituent States Constituent Nations renews their consent.

  6. The emergency powers granted to Parliament shall not include the power to change this Act except though the standard procedures.

International Treaties and Agreements

11 Treaties in which the United Kingdom is a signatory

  1. the Union The United Kingdom shall hold responsibility for upholding the United Kingdoms commitments in any treaty or agreement signed by the Untied Kingdom.

12 New Agreements and Treaties

  1. the Union The United Kingdom shall be able to sign any international treaty or agreement in accordance with the legislative competence given to the Union The United Kingdom in Section 7.

  2. The Government of the Union The United Kingdom shall lay any international agreements or treaties before Parliament and the Parliaments of the Constituent States Constituent Nations. The agreement or treaty requires the unanimous consent of Parliament and the Parliaments of the Constituent States Constituent Nations.

13 The Belfast Agreement

  1. This Act does not affect the State of Northern Ireland’s right to leave the Union The United Kingdom and join the Republic of Ireland, in accordance with the Belfast Agreement commonly referred to as the Good Friday Agreement.

14 Establishment of an English Parliament

  1. There should be an English Parliament.

  2. 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

15 Power to amend or alter this act

  1. The Parliament may not change this act without the consent of all Constituent States Constituent Nations of the Union The United Kingdom.

  2. If a change to this Act is required, Parliament shall in cooperation with the Constituent States Constituent Nations pass a Bill with the required amendments to this Act.

  3. This Bill shall be submitted for ratification by all the Constituent States Constituent Nations in accordance with their respective constitutional requirements.

  4. A Bill passed by the Parliament may not be sent for royal assent without the unanimous support of the Constituent States Constituent Nations.

This bill can be altered if Parliament votes to trigger Section 19 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.

16 Contingent Referendum

  1. A referendum will be will held with the question: Should the Federalisation Bill 2021 proposed by HM Government go into effect?
  2. The options on the ballot paper will be "Yes" and "No".
  3. The Government will hold this referendum at a time decided by the cabinet.
  4. The terms of this bill will not go into effect until and unless over 50% of votes cast are cast for 'yes'.
  5. 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

17 Commencement

  1. Section 18 subsection 1 come into force on the date of the next election.

  2. All other parts of this Act come into force on the passing of this Act.

18 Extent

  1. This Act extends to England, Wales, Scotland, and Northern Ireland.

19 Short Title

  1. This Act may be cited as the Federalisation Act 2021

Schedule 1

Preliminary

  1. Exclusive Competence refers to matters in which the Parliament of the United Kingdom has full legislative competence, and which Constituent States Constituent Nations are not able to legislate on.

  2. Shared Competence refers to matters in which the Parliament of the United Kingdom has legislative competence, but which does not prevent Constituent States Constituent Nations from legislating on and overriding Acts made by the UK Parliament.

Exclusive Competences

The Crown

  1. The Crown, including succession to the Crown and a regency.

  2. To Her Majesty in right of the Crown, to Her Majesty in right of the Duchy of Lancaster, or to the Duchy of Cornwall.

  3. The hereditary revenues of the Crown.

  4. The royal arms and standard.

Internal and External Trade, The Currency, and Monetary Policy

  1. The customs union of the United Kingdom.

  2. Competition rules necessary for the functioning of the internal market.

  3. 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.

  4. Coinage, legal tender, bank notes

  5. Fishing quotas

Defence

  1. Defence policy.

  2. The British Army, Royal Navy, and the Royal Air Force.

  3. The Trident Program.

  4. The Secret Intelligence Service.

Foreign Affairs

  1. International relations and participation in international organisations.

Shared Competences

Justice System

  1. Civil law.

  2. Criminal law.

  3. Prison System.

Welfare

  1. Social security schemes.

  2. Child support maintenance.

  3. Benefits granted to members of the Civil Service.

Regulations and Protections

  1. Minimum levels for regulation and workers rights.

  2. Customer protections.

  3. Environmental protections.

Transport

  1. Rail transport.

  2. Air transport.

  3. Road traffic.

Miscellaneous

  1. Civil protection and disaster prevention.

  2. Funding for culture and sports.

  3. The law relating to the residence and establishment of foreign nationals.
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