Eleven Welsh Labour politicians accuse UK government of undermining devolution by bypassing Cardiff Bay ministers on Welsh decisions, sparking tensions.
A letter signed by the majority of the party's backbenchers in the Senedd accused Sir Keir Starmer's government of a "constitutional outrage" for launching a scheme that will provide funds to municipalities for town centre upgrades.
The revenue will go toward restoring bus shelters and providing bins, but it bypasses the Welsh government, which ordinarily governs and funds local government in Wales.
The UK government was requested to comment.
According to a Welsh government spokeswoman, First Minister Eluned Morgan expressed concerns about the UK government's use of powers with Starmer last Friday.
The letter, signed by senior Labour MPs and former government ministers (but no sitting ministers), expressed "increasing concern" that the UK government is failing to deliver additional devolution - the mechanism that empowers Cardiff lawmakers to make decisions for Wales.
The letter claimed that the UK government's Pride of Place town center renovation scheme had created "considerable unhappiness" among Welsh Labour Members of the Senedd (MSs).
It described itself as a
"UK government programme operating in a wholly devolved area that is being designed and delivered from Whitehall".
The letter criticized the use of the Boris Johnson-era UK Internal Market Act to "impose" the new program.
The law was contentious in part because it granted the UK government the authority to spend money in sectors formerly handled by the Welsh government.
According to the letter, Welsh government ministers attempted to have the statute overturned in court because the "Internal Market Act represented an unwarranted attack on devolution".
"For our own government to then come in and use the very same powers to act in devolved areas is at best deeply insensitive, at worst a constitutional outrage,"
it said.
"If this was being done by a Tory government we would be calling for a judicial review. This must never happen again".
"Wales needs and deserves to be treated as an equal part of the UK and the UK government has a responsibility to act to deliver this equality."
The letter stated that while in opposition, Labour "raised expectations" of reforms to Wales' funding, as well as devolution of policing, rail infrastructure, policing, and the Crown Estate.
It accused the UK government of
"not only not progressing these but... rolling back the existing devolution settlement."
When approached by BBC Wales, a Welsh government representative declined to comment on the letter's substance.
She said:
"As a government we've been clear about our position on the use of these powers.
The first minister raised this directly with the prime minister on Friday."
A Welsh Labour MS told the BBC:
"We are the party that created devolution, we took the last government to court to defend it.
We can't say nothing as our own government walks all over it."
The MS stated that there was widespread agreement among the group and ministers that they should push back.
Another Labour MP questioned this, claiming that the letter was not "fair at all" to Welsh First Minister Morgan and accused those who signed it of "just stirring and posturing for self gain."
A Labour MP stated that they were "raging" following the letter.
They said:
"It is very disappointing to see Labour Members of the Senedd - most of whom are running away in May - opposing vital investment into Welsh communities.
Their obsession with constitutional theory is hugely out of step with the priorities of our constituents, which may go some way to explaining their poor polling 6 months out from an election."
The letter was signed by former ministers Mick Antoniw, Julie Morgan, Hannah Blythyn, Alun Davies, John Griffiths, Lesley Griffiths, and Lee Waters.
Jenny Rathbone, Rhianon Passmore, Carolyn Thomas, and Mike Hedges all backed the letter.
In response, Welsh Liberal Democrat leader Jane Dodds said:
"The signatories of this letter are correct - you cannot claim to respect Wales while designing Welsh programmes from Whitehall. It shows a deep lack of understanding and a worrying disregard for the Senedd.
It tells you everything you need to know about a party in complete disarray, with no influence whatsoever over their London colleagues."
A Reform UK Wales spokesperson said:
"Wales was told that Labour governments at each end of the M4 would deliver for our communities, but all we've seen since the last election is infighting."
Tory Shadow Secretary of State Mims Davies said:
"With rows and bitter divisions clearly engulfing the Labour Party, the two fabled Labour governments, on either end of the M4, shows what a disaster they truly are.
They have run out of ideas for the people of Wales.”
Former counsel general Mick Antoniw, who signed the letter, has previously criticized plans to eliminate jury trials for offenses with an anticipated penalty of less than three years.
On Facebook, Labour Pontypridd MS Antoniw said:
"Abolishing jury trials for most offences is a step too far and an attack on our fundamental rights,"
adding it could "become an unmitigated political disaster for the UK government.
Antoniw served as Minister for the Constitution to previous First Minister Mark Drakeford and Counsel General to Drakeford and his successor, Vaughan Gething, before resigning in March 2024.
Following a rough year, Labour officials have been insisting for months that the party will unite ahead of next year's Senedd election.
The letter's signatories believe there is a larger principle at stake: Westminster should not be doing this.
They argue that by standing up to their own Labour Prime Minister, Keir Starmer, they are putting the country first.
However, their political opponents have immediately seized on the letter as evidence that Labour is more concerned with fighting itself than with fighting for Wales.
How could a judicial review challenge the Pride in Place programme?
The programme bypasses the Welsh Government and interferes in areas easily regressed, violating indigenous conventions. Judicial review could contend that the government acted beyond its powers (ultra vires) by backing and directing services without Welsh ministers' concurrence.
Still, it could be challenged for lacking due regard to equivalency objects needed under the Equality Act, If the programme disproportionately affects certain communities or fails to consider equivalency impacts.
The government’s unilateral approach could be challenged for frustrating those prospects, If Welsh ministers had a reasonable anticipation to be consulted or involved in regressed matters. The challenge might assert that the government failed to duly consult or follow fair decision- making procedures, undermining translucency and responsibility.
