8.2.2 Constitutional Change (Coalition 2010-15): Fixed Term Parliaments Act 2011 and Devolution to Wales

Fixed-term Parliaments Act 2011

Background and Context

• Pre-Reform Situation: Before the Act, the Prime Minister could request the monarch to dissolve Parliament and call a general election at any time within the maximum five-year term. This provided the ruling party with a strategic advantage to call elections when politically favorable.

Key Provisions

• Fixed Terms: Established that general elections are to be held every five years on the first Thursday in May.
• Conditions for Early Elections: Two specific conditions under which an early general election can be called:
  • Two-Thirds Majority: If two-thirds of the House of Commons (at least 434 MPs) vote for an early election.
  • Vote of No Confidence: If a motion of no confidence is passed and no alternative government is confirmed by a simple majority within 14 days.

Impact

• Political Stability: Aimed to create greater political stability and predictability by removing the Prime Minister's power to call elections at politically advantageous times.
• Reduced Executive Power: Constrained the executive's ability to manipulate election timing, promoting fairness.
• Unintended Consequences: The Act faced criticism especially after the 2017 and 2019 elections where it was seen as limiting political flexibility.

Examples

• 2017 General Election: Prime Minister Theresa May called an early election using the two-thirds majority provision.
• 2019 General Election: Prime Minister Boris Johnson called an early election, again using the two-thirds majority provision after multiple failed attempts to pass it by a simple majority.

Further Devolution to Wales

Background and Context

• Initial Devolution (1998): The Government of Wales Act 1998 established the Welsh Assembly with limited administrative powers, later enhanced by the Government of Wales Act 2006, which allowed for primary legislative powers in certain areas.

Key Changes and Legislation

• 2011 Welsh Devolution Referendum:
  • Referendum Result: 63.5% voted 'Yes' to grant the Welsh Assembly full primary law-making powers in the 20 devolved areas without requiring approval from the UK Parliament.
  • Impact: Strengthened the legislative autonomy of the Welsh Assembly, now able to pass laws independently in devolved areas.
• Wales Act 2014:
  • Financial Powers: Provided the Welsh Government with powers to borrow money and control over some taxes, such as stamp duty land tax and landfill tax.
  • Income Tax: Introduced the possibility for Welsh rates of income tax, subject to a referendum (later enacted without a referendum by the Wales Act 2017).

Impact

• Enhanced Legislative Power: The Welsh Assembly gained greater authority and legitimacy with the ability to make primary legislation in devolved matters.
• Fiscal Autonomy: Introduction of tax-varying powers marked a significant step towards financial self-reliance for Wales.
• Increased Accountability: Greater control over finances and legislation increased the accountability of Welsh politicians to their constituents.

Examples

• Legislative Acts: The Welsh Government utilized its new powers to pass significant legislation in areas such as health and education.
• Tax Powers: In 2019, the Welsh Government began setting rates for certain taxes, demonstrating the practical impact of the financial powers granted.

Conclusion

The Coalition government (2010-15) implemented significant constitutional changes aimed at enhancing political stability and transparency. The Fixed-term Parliaments Act 2011 sought to create a more predictable electoral cycle, while further devolution to Wales strengthened legislative and fiscal autonomy, enhancing the power and accountability of Welsh institutions. These reforms represent critical steps in the evolution of the UK's constitutional framework, reflecting ongoing efforts to modernize and adapt the governance structure.