Next steps for the Cornish constitutional convention

Though largely unknown by many democratic reformers from around the UK, the Cornish Constitutional Convention and its drive for a Cornish Assembly continue with the release of - The Next Push (pdf).

Following hot on the heals of the Government of Cornwall Bill (pdf) produced by MP Dan Rogerson, the new paper comes at an opportune time. The debate on how to reform the UK's creaking democracy is well under way at POWER 2010. Current suggestions include: the creation of an English Parliament; further devolution to Wales; and, regional devolution within England. Why not throw the idea of a Cornish Assembly (pdf) into the mix once more.

The present starting point for the Convention's call for change is the newly created Cornwall Council. Can this Unitary Authority become a Cornish Assembly? The document's author responds with the following :

It is not difficult to see, or to achieve when the time comes, a set of changes which would enable the Assembly to be developed without any great change in structure. A slimmed Council would become the Assembly, assuming a higher role; the Delivery Areas would be democratised to become the delivery-driven local government of Cornwall, working with the Parishes to deliver services.

Envisaged as part of a wider program of asymmetric devolution, the arguments for Cornwall to be treated as its own region are re-examined and clearly re-stated. Additionally, although sure to irk both English nationalists and English regionalists alike, analysis of previous failed attempts at regionalisation within England can also be found. Take for example the following two extracts:

23. Nobody asked Cornwall if it wished to be subsumed into a macro-south west regional zone. It’s a pity that a Government, flushed with electoral success and reforming zeal, with Wales and Scotland excited by the prospects of devolution, and with a unique opportunity to de-centralise and to invigorate by not being jealous of power and control, did not take a moment to ask around. If it had set about regionalisation by asking for proposals for a regional network that could effectively replace the outworn legacy of World War 2 rationing and munitions supply, which included the enormous and dysfunctional ‘south west’, it would have received some innovative ideas which would have created a patchwork of regions, big and small, some founded on expediency, some upon industrial synergies and one – Cornwall and the Isles of Scilly - founded upon an historical, constitutional and cultural base and with a rapidly emerging will to positively address its growing economic failure and social deprivation.

24. John Prescott, whose energy lay behind the regionalisation thrust, described in his preface to the White Paper, Your Region, Your Choice, how regions had emerged, like the Potteries in Staffordshire, that were bonded by the cultural forces of certain industries. These, he said, were outmoded, and needed to be replaced by units of a certain size, that could lead regeneration and provide a framework for social renewal. How sad, with hindsight, that Mr Prescott did not see that his discard of what he perceived as being sentiment (but which was actually organic region building) and its replacement with artificial constructs – zones - labelled ‘modern’ - was throwing away a key attribute of any successful region – that it means something to the people whose region it is and who populate it and drive it. By assertively setting aside the past Mr Prescott set the seal on the failure of his initiative to shape the future before it had even started.

Could Cornish devolution be considered as a possibility outside of a wider program of English regionalism? Could it run as a stand alone project? Cornish aspirations for greater home-rule seem to run counter to both devolution to a South West Region and the creation of an English Parliament. To nationalist for the English regionalists and too regionalist for the English nationalists. How best then to navigate the difficult passage between the supporters of English regionalism, those of an English Parliament and general government inertia? Will the message contained in Billy Bragg's homage to Catalonia be taken on-board?

Faced with such a daunting array of opponents perhaps our de jure constitutional status and Cornish identity should be pushed to the fore along side the standard arguments for devolution. An English county alone will not be granted devolution, but a territory inhabited by a national minority and vested with a legal status not dissimilar to a Crown Dependence is another story. Within the document the importance of the Cornish identity as an actor in region building is stressed, but constitutional issues are barely mentioned. This is unusual considering the investigations of MP (and Convention member) Andrew George. Equally surprising is the absence of any mention of the Cornwall European Region of Culture Campaign and its recent progress. One would have thought that, even with its flaws, such an initiative went hand in hand with Cornish regionalism.

What is the 'next push'? 

Taking this document to Cornish civic society and building a large consensus for change are the tasks that lie ahead. Already a number of different political parties and independent politicians support Cornish recognition of one form or another. It's now for them, and other interested parties from the UK, to work with the Convention and engage with both the Cornish and UK public.

I'll leave the last words to the Convention so that their critical question for Kernow's future can be posed here:

85. There is everything to gain from continuing the ‘change agenda’ in Cornwall by setting the objective of forming the Cornish Assembly. It is gain for the UK Government, in terms of more efficient public service delivery and much-improved economic performance. Reputationally, the central government stands to gain much prestige from being seen to be taking an enlightened and open approach to ensuring good governance in a difficult, peripheral region. The empowerment of Cornwall would create self-belief and purpose, which would inspire and ignite creativity and skills, leading to Cornwall regaining her position as a wealth generator, innovator and trading catalyst. The question is simple: ‘Do we dare? And, if we do dare, then can we come together to achieve it? And, if we can come together in Cornwall, then can Westminster and Whitehall rise to the challenge of discarding old, deeply embedded perceptions and looking afresh at how to promote cohesion and productivity through empowering ‘difference’ and releasing the energy of a potently creative community?

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Comments

Alex111111111111
10 November 2009 - 4:23am

While I would not be displeased with an English Parliament, as an Englishman, I would prefer that devolution actually made a difference to what power my fellow Englishmen and I wield. It would only devolve power to roughly 50 million people. Compare that to how many people Scottish devolution devolved power to. So I favour regional Parliaments/assemblies, given the choice.

And it makes sense that Cornwall should be given the chance to be one of these. Morally, because they deserve their say as there is specific movement for it down there. And as you say, politically because it would be good for regional parliament movement if it was pushed to its fore. How can England be broken up if Cornwall has devolved power?

The least anyone can/should do is offer the Cornish people a referendum on devolution.

The Cornish Democrat
10 November 2009 - 9:52am

Thanks for that and I would add that all the people of Cornwall should have the right to know what exactly the relationship is between Cornwall the territory and Cornwall the constitutional Duchy.

R Bell
10 November 2009 - 2:01pm

The difference between Scottish and Welsh devolution, and an English parliament, is while the former brings politics closer to the people (in nations of a few million), with an English parliament, it would be the majority of Westminster... a parliament representing fifty million rather than the best part of sixty, so not actually that much closer either. And it wouldn't solve the northern English question(s).

But then again, the English question (though not the Cornish) can be solved by Scottish and Welsh independence.

p.s. I don't understand why Cornish nationalists do little about the Isles of Scilly. Historically the islands are most definitely Cornish, but have suffered as a result of feudalism.

The Cornish Democrat
10 November 2009 - 7:14pm

The  Isles of Scilly are a whole constitutional story unto themselves. I've read recently that the Duchies claim to the islands is rather sketchy indeed.

You'll be pleased to note however that the Next Push does discuss the Isles.

The Cornish Democrat
11 November 2009 - 7:36pm

The letter below from Cornish constitutional researcher, John Kirkhope, to the Cornish Constitutional Convention, has been passed to me by the author for publication here.

Cornish Difference 

I have recently read your publication "The Next Push" with interest. In particular I note sections on "Roots of Difference" and the reference to the War of Five Nations.

I am a Research Student in the Laws of Cornwall, a topic of interest to Constitutional Lawyers, but not one which is given sufficient attention within Cornwall for whatever reason. Maybe because amongst some people there is much claimed which over states the case.

I have researched, and continue to research, Cornish Law, and in that connection I have provided advice to Andrew George MP including a legal opinion which has been passed to the Lord Chancellor.

The Stannary Law of Cornwall is still part of the law of England and Wales.

It probably grew out of mining law going back to the Romans, certainly it used concepts such as "usufruct" which are found in Roman Law and still in continental systems but not within the English system of law.

It certainly predates the Anglo Saxons. The Stannary Courts may have been abolished the law has not. It can claim to be oldest part of the law of England. It was decided as late as 1979 that it was still possible to claim to be a "privileged tinner" and claim rights under the ancient charters. You can still bound land in Cornwall.

The point is Stannary Law is still current law, of limited application certainly, but still good law. It is not some historical oddity, the rights granted by the ancient Stannary Charters could certainly be claimed by China Clay workers for example.

The Convocation of the Tinners of Cornwall still exists, in theory, as a legal institution. To quote one very eminent Professor of Law it was uniquely powerful having the right to veto Westminster Legislation as well as Royal Charters and Duchy ordinances. It did exercise its power of veto.

There was no and there is no legal institution which could claim the power of the Convocation within the United Kingdom.

Then there is the Duchy which has exercised the minds of eminent judges and the Government's Law Officers since 1600 and before. It has been called a "great mystery", a mode of descent "unknown to common law" a "peculiar title" and a "very singular constitution". In one case the courts decided "all the courts within the Dutchy are conferred upon the (Duke) as sovereign".

As you have mentioned Wales has successfully claimed difference based on language, culture and ethnicity but it cannot claim a parallel unique independent legal system, being home to a legislature of such great power or the rich history of the Duchy. There is no county within England that can claim the extraordinary complex legal history that Cornwall has. I could not imagine being a Research Student into the laws of Somerset of Berkshire, for example. A L Rowse once famously said Cornwall like Wales is not part of England. There is a real question mark in law over the constitutional status.

I am happy to share with you copies of the papers I have produced for Mr George should you wish to see them. I would simply suggest then when considering Cornish Cultural differences you should not overlook Cornwall's unique and extraordinary legal history.

John Kirkhope BA (Hons), LLB (Hons), Dip NP, TEP
Public Notary

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