Wings Over Scotland

“Bruised Salmond denies lying as rows engulf SNP” (Magnus Gardham, the Herald):

“Ministers, who have always insisted membership would be automatic and that Scotland would not have to join the euro single currency, refused to say. In July, Scotland’s Information Commissioner, Rosemary Agnew, ordered them to reveal whether any advice existed.

The Court of Session was due to rule on the Government’s appeal but yesterday Ms Sturgeon admitted ministers had “not sought specific legal advice”. She said there was “now no need” for the Government to continue its appeal, which to date has cost £12,000 of taxpayers’ money.”

“Salmond’s darkest day in government” (Herald View, also in today’s Herald):

“For months the Nationalists have attempted to close down debate on the issue by insisting it was done and dusted. Unexpectedly yesterday, Deputy First Minister Nicola Sturgeon revealed no specific legal advice had been sought.

If this is the case, taxpayers are entitled to know why the Government has spent £100,000 of public funds going to the Court of Session in an attempt to prevent the publication of whether or not such advice had been sought.”

Our emphasis in both cases. Crikey, that must have been an expensive taxi ride.

(We did, of course, post a comment asking which of the figures was correct. The Herald has so far declined to publish it for some unknown reason.)

The Scottish media is in full-on outcry mode at the Scottish Government for keeping things from the Scottish people with regard to the possible status of the country’s EU membership status in the event of independence, and to be fair it’s quite understandable when you read official statements like this:

“Whilst there is a strong public interest in seeing what legal advice has been provided to the Government on the implications of EU membership if Scotland were to achieve independence, we have concluded that this is outweighed by a strong public interest in the Government being able to seek free and frank legal advice.”

Of course, in the spirit of Scottish Labour’s creative editing of the First Minister’s words yesterday, we’ve deftly removed a word from that sentence so that it suits our purposes better. Specifically, in between “has been provided to the” and “Government”, we’ve removed the word “UK”.

We’re really not sure how the UK government’s actions differ in any way from those of the Scottish Government in respect of the same issue, particularly when a Scottish Office minister goes on to add that “I have not received formal representations on the possible status of an independent Scotland within the EU.”

It would seem, to the casual observer, that in both cases the respective governments have declined to seek out specific legal advice about an independent Scotland’s EU status, but have sought to conceal that information (or lack of information) from voters on the grounds that confidentiality ensures the government receives candid expert advice undistorted by public opinion.

So perhaps someone can explain to us why only one of them is currently subject to a huge nationwide media storm about it.

It’s not like we didn’t already know that, of course. But while Labour desperately distort and edit Alex Salmond’s words to try to justify an allegation of untruth, ably assisted by the Scottish media doing the same to Nicola Sturgeon by cutting her microphone when she attempted to answer questions on the subject, their Scottish leader – sorry, “deputy” leader – quietly gets on with doing what he does best: telling outright, unambiguous, empirical lies.

We’ll let the veteran Scottish journalist George Kerevan (a former Scotsman editor, Labour councillor and SNP candidate), who did all the hard work of digging out the stats, tell you all about it. But here’s a quote from the piece just for flavour.

“Following the publication of the latest official employment figures on 17 October, Anas Sarwar announced to the BBC: “In the last three months, 7,000 people in Scotland have lost their jobs while employment in the rest of the UK is going up – this SNP government has to start taking responsibility for that”.

Mr Sarwar is factually wrong.

The figures published by the Office of National Statistics (ONS) do not say that 7,000 people “have lost their jobs” in the period June through August (i.e. the summer).

It is true that the figure for the total jobless rose by 7,000 to 222,000. But most of that 7,000 figure has nothing to do with people losing their jobs, as Mr Sarwar claims. Rather, it is due to young people joining the labour market from school of university, which is normal in the summer. And from people previously not looking for work returning to the labour market – usually a positive sign of returning economic confidence.

The ONS figures actually show that the fall in the number of jobs in the Scottish economy of the summer was only 1,000. Certainly that is going in the wrong direction. But it does not help policy analysis to misquote the true figures, or exaggerate actual job losses by a factor of seven.”

We look forward keenly to the media reporting Mr Sarwar’s lie, and grilling him on Newsnight Scotland about it while muting his replies.

Here’s Nicola Sturgeon on the subject of EU legal advice, as quoted by the BBC:

“The Scottish government has previously cited opinions from a number of eminent legal authorities, past and present, in support of its view that an independent Scotland will continue in membership of the European Union – but has not sought specific legal advice.”

And here’s Alex Salmond being interviewed by Andrew Neil:

NEIL: Have you sought advice from your own Scottish law officers in this matter?

SALMOND: We have, yes, in terms of the debate.

NEIL: And what do they say?

SALMOND: You can read that in the documents that we’ve put forward, which argue the position that we’d be successor states.

(All emphasis ours.)

It’s not hard to follow – the FM refers expressly and clearly to legal opinions which had been sought with regard to documents which have been published supporting the Scottish Government’s view of EU membership. The Deputy FM does exactly the same thing (“previously cited”). Neither refers to any unpublished legal advice.

The FoI request specifically concerned unpublished advice – if it had been published, after all, there’d have been no need for an FoI request in the first place. There is therefore no contradiction between the FM and Deputy FM’s accounts. It’s that simple.

We’re going to be pretty brief on this one, because it’s literally a story about nothing. The Scottish Government has just revealed, after a long back-and-forth battle over a Freedom Of Information request, that it hasn’t sought the advice of law officers over an independent Scotland’s membership of the EU.

Expect much fuss in the Scottish press tomorrow, although the SNP cunningly releasing the advice on the same day as the resignation of two MSPs will give editors and frothing columnists a headache over which to concentrate on. (There’s also the small matter of the referendum consultation results being published.)

But where’s the meat here? We genuinely don’t get it.

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We should probably prepare for a mainstream media blitz today and tomorrow on the breaking news that two SNP MSPs have apparently resigned from the party over the NATO vote at last week’s conference. We have no criticism of John Finnie and Jean Urquhart for doing so, although some will surely call it sour grapes at losing a democratically-debated vote. We don’t agree with any such attacks – both stood for election as members of a party that opposed Scottish membership of NATO, and they’re absolutely entitled to leave the party if it reverses that position.

We also don’t believe that either should stand down and trigger a by-election. They still stand for the policies on which they won the electorate’s votes. (Nor, however, should SNP MSPs who voted for the new policy stand down as a result of the change. NATO membership is not currently a power within the Scottish Parliament’s remit, and as such the policy is irrelevant to anything that happens at Holyrood.)

However, in the avalanche of overheated analysis that’s likely to appear in the next 24 hours – not just in the professional media but also in the shoutier areas of the left-wing blogosphere – it’s worth keeping hold of some perspective.

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The Herald, 25th January 2012 (“SNP ‘will not use new-found wealth for campaign'”):

“The cash-rich SNP will resist the temptation to flaunt its new-found wealth by raising the limits for campaign spending in the referendum, The Herald understands.

The consultation document being laid out by Alex Salmond today is expected to say that the main campaign on each side should be limited to spending £750,000 – as set out in a consultation paper on a draft referendum Bill two years ago.

There will be a similar section in today’s consultation paper and the SNP’s opponents were looking to cast a keen eye on it, given that the Nationalists have received two huge donations in recent months.

If today’s paper had raised spending limits, opponents could have been expected to cry foul. However, The Herald understands the Government is not planning to go down that road”

The Herald, 22nd October 2012 (“SNP threatens to defy watchdog on vote spend”):

“SNP ministers have been accused of trying to rig the independence referendum by imposing tough spending limits on the pro-UK parties. The SNP Government has proposed the two main campaign organisations, Yes Scotland and Better Together, should be allowed to spend no more than £750,000 in the crucial last 16 weeks of the campaign.

Labour’s Shadow Secretary of State for Scotland, Margaret Curran, said: “It didn’t last even a week before the SNP decided to move the goal posts.

“No Government has ever gone against the Electoral Commission’s recommendations and if the SNP doesn’t accept its decision on spending limits in the referendum, then it will be an insult to Scottish democracy.””

Hang on a minute, our heads are spinning.

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Well, we’re still a bit out of breath. The SNP conference debate on NATO membership was an incredible, grab-you-by-the-throat piece of political theatre, with the outcome in doubt all the way to the end. Social media was all but unanimous in its praise of the debate, with even some Labour MPs clearly a bit wistful for the Kinnock-era days when their own gatherings used to have this sort of proper democratic ding-dong instead of just stage-managed rallies.

The leadership carried the day in the end, with Angus Robertson’s motion for a wide-ranging “update” of the party’s old defence policy passed more or less unaltered. We had absolutely no position before the debate so watched it with a completely open mind, and purely on the strength of arguments the right side won.

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It’s hard to level accusations of bias based on nothing but tone, so let’s stick to the facts. Most of last night’s edition of Question Time on BBC1 discussed general political matters rather than the independence debate (overlooking the fact that one informs the other, of course), but there was a hefty section explicitly on the subject.

At the time of writing you can still watch the show for yourself on the iPlayer, but to save you sitting around with a stopwatch here’s how it broke down.

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Scotland has been aflame with talk in recent weeks of whether universal benefits are sustainable or not, and in particular those which apply to our elderly. But there’s an enormous falsity at the heart of the position taken by the Unionist parties, because they refuse to consider independence as a possible solution and base their argument on the premise of a bankrupt UK constantly slashing the Scottish Government’s block grant for the forseeable future under a programme of savage austerity (which would be the same regardless of whether the Tories or Labour were in charge).

There is, of course, an alternative. By most sane assessments, an independent Scotland’s economic starting position would be pretty similar to that of the UK. Both sides of the debate quibble over a percentage point here or there, but the reality is that at least to begin with the amount of money in the pot would be more or less the same.

(Move a few decades into the future and an independent Scotland will either be drowning in wealth from a world-beating renewable energy industry, or crushed by debt because all the oil’s run out, depending on your ideological persuasion.)

The point the No camp must doggedly and repeatedly turn a deaf ear to, however, is that while an independent Scotland might not have vastly more money to spend than it does now, it wouldn’t have to spend it on the same things.

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Something’s been puzzling us for a while now, readers. We’ve been a bit reluctant to mention it before because it’s the sort of thing people can spin in misleading ways, and because it’s something we neither want to see happen or believe ever would. But purely by way of an intellectual exercise, let’s ask the question.

Ever since being unveiled as the figurehead of the anti-independence campaign, Alistair Darling has insisted that a Yes vote in 2014 would be “irrevocable”. It’s a word that crops up frequently from the No camp, in what appears to be a strange and misconceived extension of the standard-issue fearmongering approach which has characterised most Unionist campaigning to date.

(Because we very much doubt that even one person who votes for independence will be doing so with the thought “Och, if it doesn’t work out we’ll just rejoin the UK”.)

Nevertheless, if we’re really “better together”, why would it be impossible to go back?

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“There is a widespread assumption that the SNP has been outmanoeuvred by David Cameron in agreeing to a single question on independence” – the Independent, 15 Oct

Good work, Dave. Keep it up.