Wings Over Scotland

Is the Crown Office and Procurator Fiscal Service of Scotland institutionally corrupt? I don’t believe so, but it’s certainly a troubled organisation.

The cost and reputational damage to it from the Rangers FC case are of a magnitude never seen before, and the actions in the Alex Salmond case and related actions by the Lord Advocate and Crown Agent have called its independence into question.

There must be structural change and individuals must be held to account.

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With selections ongoing and an election approaching, there’s an opportunity to reflect on how SNP M/SPs are elected and their role in those offices.

As the party’s grown the numbers in elected office have increased, but some aspects remain constant: it’s the party that puts you in and it’s independence that’s the cause.

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Way back in December 2019, when the SNP were once more returned triumphant, the mantra chant was of an independence referendum the coming autumn. Of course, coronavirus consumed 2020 but the reality was a referendum was never coming that year, irrespective of rhetoric. Neither planning, policy nor even funding was in place.

And those leading the chant, in Parliament or in public, knew it.

Now there’s come a new year, but sadly not a new dawn. The mantra chant simply moved on to the referendum being autumn this year. Again it was dutifully proclaimed in Parliament and public, long beyond the point of any credibility. And once again, the likelihood of it being held is all but nil unless strategy changes.

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Over a year has passed since the December 2019 election. The SNP triumphed in Scotland and the Tories were comprehensively defeated. Nevertheless, a huge English majority allowed Boris Johnson to sweep back into Downing Street and “Stop Brexit” became as redundant a slogan as the one on another campaign bus that had falsely promised £350m a week for the NHS.

But “Scotland has spoken” was the chant, “Scotland won’t accept it” the shout. There was much anger and outrage from elected representatives.

But the huffing and puffing came to naught. Johnson wasn’t listening and he certainly wasn’t for turning. Brexit was driven through, Scotland was taken out of the EU and its Parliament and democracy now stand threatened.

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Drew Hendry won a lot of praise from Yes supporters a few days ago when he seized the Mace in the Commons. It’s not easy to speak in the chamber at any time and doing so in the face of hostility from the Speaker is challenging indeed.

The institution of Parliament is, by its very design, geared towards control by the British establishment. Not only are all sides uniformly hostile, but even the staff and officials, usually so polite and deferential, turn on you. So it was an intimidatory atmosphere in which he acted and it can’t have been easy.

But the idea that Scottish MPs should routinely require to suffer the scorn and derision poured upon their nation and their people is long past its sell-by date. Much of the vitriol shouted wouldn’t be countenanced elsewhere and just because it’s supposedly Honourable Members who act in that manner doesn’t justify it. There comes a time when words aren’t enough.

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When’s a Plan B not a Plan B? Well, when it’s something that could and should have been done already, and won’t be anywhere near adequate even if delivered.

Yet that seems to be what some colleagues are now arguing for. It’s welcome that their thoughts are at last turning to the possibility of the Tories saying No to the Scottish people’s democratic vote. But it’s happening dangerously slowly as the dismantling of devolution and reintegration into the UK gathers pace. Which’s why the Yes Movement needs to act now, not after a Holyrood election.

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On 18 September 2014, Scotland had control over its future. Scots could choose their own path, or continue to have decisions imposed upon them. Those of us supporting the former came close but not close enough. As a result, Scotland exited the EU against its will, is once more under the heel of a right-wing government and now finds its Parliament under attack from London.

Yet the dream has never died and demands for the right to choose our own destiny are growing. Scotland needs to be in the position it held on 18 September 2014, when power lay with its people. It’s their democratic right to decide, so why would you ever cede that power?

Yet tragically that’s what’s being done.

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Television’s transforming before our eyes, as both what we watch and how we watch it changes. An ever-greater number of programmes shown through increasing mediums. But that doesn’t equate to balanced political coverage being provided, quality product displayed, or distinct countries reflected.

The United States, despite the great wealth and talent available to it in Hollywood and elsewhere, is the worse for the absence of a properly funded and high quality public broadcasting service. Its society is the poorer and its democracy badly distorted by its absence. It’s why Scotland needs a properly funded public broadcaster.

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Having been privileged to serve as SNP National Treasurer, I’m aware of the duties that go with the post. Of course, it’s changed in some ways since then due to the scale of the party, the resources available and even technology. The days are long gone when Joan Knott, who has sadly since passed away, required to take a taxi down to my legal office to have cheques signed between court or clients.

But some things still remain fundamental, and in particular providing annual accounts for the party. That has been done for 2019, in the administrative sense, but what’s missing is their publication and provision either to the NEC or the party more widely.

For sure there’s been no conference but there are other bodies and other ways of making them available to party members. At NEC, conference and indeed anywhere else, members were entitled to see them and question me. It was their right to see them, and it remains so now. So why haven’t they seen them?

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The SNP have historically been swift to suspend any party members when there’s any hint of inappropriate conduct, never mind even a whiff of illegality. It’s been that way since 2015, with the axe falling on elected members as well as candidates in target seats and critical elections, and ordinary activists.

Not even a by-your-leave, let alone an explanation, is afforded – just suspension with immediate effect. And that’s all well and good, some might say. No hint of impropriety should attach to the party and making a virtue of acting swiftly can be both necessary and appropriate.

So why then no action against the Chief Executive?

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“Settling up, not settling down” was the rhetoric, as Westminster reconvened and the new SNP group headed south. Fine words and said no doubt sincerely. But it’s been said by every SNP generation that’s gone there, though none possessed the authority or faced the threats to Scottish democracy as now.

But what has happened since? As ever fine speeches given and incisive questioning of Ministers made, but to what effect?

The first major debate was the Fisheries Bill. A sore point in Scotland where a Tory government sold out our fishing industry and entire communities along with it decades ago, when negotiating EEC entry terms. Now, two generations on, as another Tory administration seeks to implement Brexit, that industry and those communities face betrayal yet again.

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The Scottish political focus has been on Holyrood in recent days, with the Programme For Government announced and Westminster returning from recess. But parliaments can only do so much. Extra-parliamentary action is required for many reasons, not least because activists are increasingly frustrated at delays and uncertainty.

Giving direction and something constructive to do is therefore important; and that will have to come from within the grassroots movement.

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