Building a Secure Democracy

In 1997, the people of Wales voted for devolution, leading to the creation of the Welsh Assembly (now Senedd Cymru/Welsh Parliament) in 1999. In 2011, another referendum gave the Senedd more law-making powers.

However, devolution is not permanent. The UK Parliament created the Senedd and could, in theory, take its powers away. While a referendum would be needed to formally end devolution,^[59] the UK Government has already weakened Welsh powers, such as through the Internal Market Act after Brexit.

The UK is one of the few countries in the world without a written constitution. Instead, its political system is based on centuries-old decisions made mostly by English lawmakers. In contrast, independent nations draft their own constitutions to define how they are governed and to protect citizens’ rights.

A Welsh constitution would permanently secure Welsh democracy, ensuring decisions about Wales are made in Wales. It would also guarantee fundamental rights such as freedom of speech, privacy, and assembly, while protecting people from government overreach.

Diversity and Inclusion

A Welsh constitution would be a chance to ensure fairness for all. Many groups – including women, disabled people, LGBTQ+ individuals, and people of colour – have made vital contributions to Wales but have often been overlooked. Independence provides an opportunity to acknowledge past injustices and commit to a fairer future.

The criminal justice system is one area that would need reform. Wales has one of the highest imprisonment rates in Western Europe, with people of colour disproportionately affected.^[60] A Welsh constitution could ensure fair treatment in policing and criminal investigations, addressing discrimination and misuse of powers.

Basic Rights

Independence would allow Wales to set its own legal foundations. Many modern constitutions go beyond protecting basic freedoms and include rights that improve people’s quality of life. A Welsh constitution could enshrine:

• The right to free healthcare and education.
• The right to a decent home, requiring future governments to work towards ending homelessness.
• Protection for the Welsh language similar to Finland,^[61] ensuring every government has a legal duty to promote and safeguard it.

Drafting a Welsh Constitution

If Wales voted for independence, the process of creating a constitution would begin during the transition period while the Welsh and UK governments negotiated the terms of independence.

There are different ways to draft a constitution. Wales could set up a constitutional convention made up of experts, civic groups, and members of the public. Another approach would be a "crowd-sourced" process, as seen in Iceland in 2011.^[62] Alternatively, the task could be left to the Senedd.

Once written, a constitution is usually difficult to change. Some countries require a referendum to amend it, while others demand a supermajority vote in parliament (usually two-thirds of members). Wales would need to decide its own rules for making changes to our new constitution.

A Permanent Foundation for Welsh Democracy

A written constitution would secure Welsh democracy for future generations. It would place Welsh law on a firm, independent foundation and ensure that only the people of Wales could decide on changes to their rights and government.