Drawing on my Belfast lecture, I’ve a piece in the Guardian‘s ‘Comment is Free’ section on what would happen following a Yes vote in September’s Scottish independence referendum. I argue that the difficulties with a long transition are very great indeed, and that there are compelling reasons to ensure Scotland becomes independent by the time of the May 2015 UK general election if there is a Yes vote. That would be formidably difficult – not only are there are tough and complicated issues to be negotiated and resolved between the governments, but also legislation needs to be passed by both Scottish and UK Parliaments (and the UK Government would need to pass a paving bill too). But the problems caused by a longer transition are even more formidable, in my view.
The CiF piece can be found here.
I’m giving a public lecture at the University of Ulster’s Belfast campus on 15 May, on what happens following September’s Scottish referendum. It will take place in the Conor Lecture Theatre at 5 pm. The poster, with more details, can be downloaded here. Please email Zoë Lennon on firstname.lastname@example.org to confirm your attendance if you’d like to come.
The UK Government has now taken to using publicly a clear line about the independence referendum. A Yes vote, and Scottish independence, will lead to Scotland leaving the United Kingdom (despite semantic objections from the Yes side). That means an independent Scotland will also cease to be part of UK institutions. It can’t expect to be able to maintain participation in such bodies as the Bank of England (as emphasised by the row over currency union), the BBC (illustrated by Maria Miller’s comments in Oxford), and others. The European Union is another of these. Lord Wallace’s impending speech makes the point vividly clear. Expect to see the research councils added to the list over the coming weeks, as another body where an ‘independent’ Scotland would seek to share arrangements with rUK. There may be some hard choices to be made about a common travel area and its security implications. The ground for both of those has already been laid in the Scotland Analysis papers. And expect arguments about such detailed matters as the organ transplant ‘pool’, which currently operates on a UK-wide basis.
None of this should be a surprise. It’s been implicit in the UK Government’s position since the beginning of the Scotland Analysis programme. Remember that that kicked off with an analysis of the international legal issues, concluding that (r)UK would be the successor state in international law and Scotland would be a new state. The line of argument now emerging is simply the logical fulfilment of that.
This is also perfectly consistent with the strategy of the Unionist side in another respect. Since the May 2011 Scottish election result, and David Cameron’s prompt acceptance of the need for referendum and stipulation that it be ‘legal, clear and decisive’, the UK Government has pursued an excluded-middle Continue reading
Guy Lodge and I had a post in the New Statesman’s politics blog, The Staggers, on Friday about income tax devolution in Scotland.
Since this went up, there has been further coverage of the story. John McTernan came up with a rather doubtful proposal in Friday’s Scotsman – calling for substantial welfare devolution (including key UK-wide redistributive benefits like Job Seeker’s Allowance), but no fiscal devolution. Saturday’s Guardian leader highlighted the importance of a ‘proposition that goes beyond the status quo’ from the unionist parties as part of their campaign in the Scottish independence referendum. Scotland on Sunday’s coverage includes the front-page lead, a detailed analysis piece, and a leader. Unsurprisingly, Alex Salmond is making the most of Labour’s disarray.
The Staggers post can be found here, and the text is also below.
Labour must not retreat from further devolution to Scotland
Those concerned about the survival of the Union would do well to turn their attention away from David Cameron’s “seven months to save the UK” speech and look instead at developments taking place in the Scottish Labour Party. Worryingly, just at the moment when the Yes camp appear to be gaining some momentum in the polls, Scottish Labour appears to be retreating from providing Scottish voters with a clear alternative to independence in the form of additional powers for the Scottish Parliament. Continue reading
There has been remarkably little public discussion of what would happen if there were a Yes vote in the Scottish independence referendum. The widespread assumption seems to be that negotiations would be swift and straightforward, and Scotland would readily become an independent state. The Scottish Government’s position (previously set out in the February 2013 paper Scotland’s Future: from the Referendum to Independence and a Written Constitution, but repeated in the independence white paper) remains that May 2016 would be when Scotland would become independent. That is a very simplistic approach; negotiations would be complex, possibly protracted, and gravely complicated by the May 2015 UK general election. Considerations about timing, and the impact of the referendum vote would affect the strength of the various negotiating positions, as well.
Nick Barber of Oxford University has now written an exceptionally good post about the implications of Yes vote. I don’t wholly agree with it, but it should be read by anyone thinking seriously about these issues. It can be found on the UK Constitutional Law Association’s blog, here.
In a separate but related development, the Lords Constitution Committee at Westminster has announced an inquiry into the implications of a Yes vote. There’s news coverage from the BBC here, and details of the inquiry and its call for evidence here. The closing date for submissions is 28 February 2014.
UPDATE, 27 January: There’s also a Lords debate on Thursday about ‘The implications for the UK of the forthcoming Scottish independence referendum’. Details are here.
The UK Government has now published its proposals for the implementation of the Silk Commission’s Part 1 report, following its announcement at the beginning of November (and so managed to get its response in just before the anniversary of the publication of the Commission’s report). The Wales Office’s news release is here and the paper itself, Empowerment and responsibility: devolving financial powers to Wales, is here. (Note for government documentation trainspotters: this isn’t a Command paper to be formally laid before Parliament, and certainly not a white paper or even green paper. This contrasts with both Labour and Coalition responses to Calman, and again suggests either that the UK is not taking Wales as seriously as it did Scotland, or that this is a response framed in some haste.)
Unsurprisingly, the paper largely confirms the key elements of the deal announced by the UK Prime Minister and Deputy Prime Minister, previously discussed HERE: devolution of two small land taxes, devolution of 10 points of income tax, but only after a referendum. It confirms that, as for Scotland, aggregates levy may be devolved, but only once outstanding EU state aids issues are resolved, and that air passenger duty will not be. Continue reading
This article appears in the latest issue of the British Politics Review, published by Norway’s British Politics Society, in a special issue on Euroscepticism in the UK.
You wait for ages, and then suddenly two come along at once. What’s true of London buses also applies to constitutional referendums in the UK. Despite its apparent enthusiasm, the Labour UK government in office between 1997 and 2010 made only limited use of the referendum – in Scotland and Wales for devolution in 1997, in the North East of England for regional government in 2004, and in various localities for having elected mayors. Since 2010, there has been a mad flurry of referendum activity. The first was in Wales in March 2011, which approved increased law-making powers for the National Assembly for Wales by nearly two to one. That was followed by one on the Alternative Vote (AV) system for UK Parliamentary elections in May 2011, rejected by more than two to one. Two more are looming – that on Scottish independence in September 2014, and another about the European Union proposed by Conservatives and under consideration in Parliament for 2017. There are some odd parallels between the two, and some important interactions between them too.
The Welsh powers and AV referendums were both slightly awkward exercises in constitutional deliberation. The Welsh referendum was legislated for by Labour, in the Government of Wales Act 2006, which created two systems for defining the law-making powers of the National Assembly. The differences between them were real and significant, but not easy to explain to the general public – one was a system of conferring legislative power on the Assembly incrementally, the other a grant of wide legislative powers affecting the same 20 subject areas. The real reason for holding the referendum was the impact of the Westminster Coalition, and the poll was held at the first practicable date. While advocates of a Yes vote include politicians from all parties, the biggest problem was the lack of an official No campaign – and with that, the lack of access to referendum broadcasts on radio and TV.