Wings Over Scotland

(See here for the whole story.)

Once again, we were lured into foolish optimism. "The irresistible case for England and Scotland remaining united", thundered the Daily Mail's editorial headline. Sadly, the reality turned out all too familiar – a lengthy rant about how Scotland was too wee, too poor and too stupid to go it alone, how we'd be crushed by a £140bn (new high score!) share of UK debt, how we couldn't afford to bail out the "Scottish" banks again (yawn), how we'd struggle without the £10bn a year subsidy from England (oh dear). But then our hopes sparked momentarily into life again:

"Add these deeply serious warnings to the positive case for maintaining a union which has served the English and Scottish people well for 300 years and Mr Cameron has an irresistible argument."

This time, here it must surely come! The fabled, mythical "positive case"! But sadly not. Like so many before it, the Mail apparently assumed this positive case to be axiomatic, so self-evidently obvious that it required no explanation, and the editorial came to an abrupt end. We should know better by now.

TIME ELAPSED: 31 years, 11 months
CONFIRMED SIGHTINGS OF POSITIVE CASE FOR UNION TO DATE: 0

"Vote for independence if you want – but you'll lose the pound, says George Osborne"
(The Independent, Friday 13th January)

"In subsequent briefings, the Treasury confirmed that […] it could not block Scotland from using the currency"
(The Scotsman, Friday 13th January)

The Telegraph on Tuesday: Independence 29%, Union 54%. Gap 25%

The Telegraph on Saturday: Independence 40%, Union 43%. Gap 3%.

This, dear readers, is why you should never take any notice of opinion polls with samples of under 1000 people (in both these cases, around 500 Scottish respondents). Exactly what knowledge has the Telegraph gleaned and passed on to a breathlessly expectant nation from these two surveys, presumably each conducted at substantial cost, just five days apart? That the gap the SNP must bridge by autumn 2014 between support for independence and opposition to it is somewhere between 25% and 3%. Well, that pretty much settles everything, doesn’t it?

(PS Some interesting background on the Saturday poll here.)

Too many words to take in this week? Then try the referendum debate in pictures. Here’s a collection of cartoons from the last week, from mostly non-Scottish publications (so prepare yourself for a lot of haggis and bagpipes and stereotyping the like of which were last seen in the 1970s), showing the outside world’s digested take on events. It appears to be clear who’s generally seen to have come out on top.

The Independent (Thursday 12th Jan)

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…we would give it to Ian Bell, for he’s hit the nail so hard on the head in today’s Herald that he must surely have broken his own. As we’ve said before, we don’t make a habit of reproducing stuff from behind newspaper paywalls, because as journalists ourselves in our day jobs we support the idea of paying for quality journalism, and at just 75p a week a Herald online subscription is very fairly priced, unlike some.

But Bell’s piece today (which also indirectly addresses the hysterical, hypocritical faux-outrage over Joan McAlpine’s “anti-Scottish” comments) is more important than that, and deserves a nationwide audience who can be directed to it time and again over the next two and a half years. Read it below, and then please consider whether for Scotland’s sake you can afford NOT to support one of its few remaining outlets of decent, honest and reasonably balanced writing about politics.

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(See here for the whole story.)

An exciting development this time, readers. Right-wing magazine The Spectator makes no bones about its opposition to Scottish independence, and fair play to it. This week it very sportingly republished an archive of the editorial column it also ran expressing its opposition to the first Scottish devolution referendum, back in 1979.

(Alert viewers will recall that the Scottish people narrowly voted Yes in that poll, but were foiled by a rigged amendment proposed by Labour which effectively counted the dead as No votes, and thereby denied devolution for 20 years.)

There's much to enjoy and admire in the piece, such as the use of the quite splendid word "fissiparous" and the revelation that even in 1979, "Until the last moment the Labour Party in Scotland held out against the devolution proposals, and had to be cajoled and bullied into line". But the thing that really tickled us about the column was a sentence which shows how little some things change across the generations.

"We have left unargued the essential case for the Union, because we do not believe that most British people need to be persuaded of it."

Endowed with this new knowledge, we've adjusted our clock accordingly.
 

TIME ELAPSED: 31 years, 11 months
CONFIRMED SIGHTINGS OF POSITIVE CASE FOR UNION TO DATE: 0

The Guardian today runs an extensive interview with Labour's shadow Defence Secretary and former Scottish Secretary, the estimable Jim Murphy MP, in which Murphy demands that Labour must take the lead in the campaign to save the Union. We're a bit confused, though, because Murphy doesn't seem to be all that big a fan of said Union. Most of his responses were predictable and unremarkable, but this line really jumped out at us:

"I'm proud to [be] Scottish. The only flag I ever wave would be a Scottish flag."

The ONLY one? We're not alone in finding that odd, are we? We can't imagine considering ourselves to be citizens of a country, actively wishing to keep the people of that country united under one flag, and yet being afraid, ashamed or just plain unwilling to wave that flag ourselves. So why does Murphy want to save the Union when he can't bear to wave the Union Flag? If anyone can help us understand, we'd be grateful.

The political sphere and the media have been consuming themselves for the last few days (and in some cases for much longer) over the argument about who has the right to hold a referendum on Scottish independence. You would be forgiven for a hopeless sense of bewilderment should you attempt to make sense of the endless claim and counter-claim, with opinions invariably presented as statements of fact on both sides. So let us, if we might be so bold, cut through it for you in a concise and clear manner.

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1. The Scottish Government insists that it is fully empowered to conduct a referendum which is purely consultative. In support of this it cites numerous highly-qualified and impartial sources, such as referendum expert Dr Matt Qvortrup and what’s universally accepted as the leading textbook on Scottish constitutional law, which states that:

“A recurring hypothetical example with a high political profile is that of a Bill to authorise the holding of a referendum on independence for Scotland.  Because its purpose could be interpreted as the testing of opinion rather than the amendment of the constitution, such a Bill would almost certainly be within the Parliament’s powers”

2. The UK Government, however, asserts absolutely that as an independence referendum “relates to” the constitution, which is a matter reserved to Westminster, it would be outside the Scottish Parliament’s legal competence. This is because the Scotland Act explicitly directs that the intended purpose of holding a referendum must be considered as well as the mere act of conducting one. That is, even if technically the Scottish Government isn’t forbidden from simply asking the Scottish people a question, the law must decide if its intent in doing so is to bring about actions which are outwith its power, such as altering the constitution. This view is supported both by viruently anti-SNP QC Aidan O’Neill and by the nationalist blogger and lawyer Lallands Peat Worrier, who has examined the relevant statutes in forensic detail.

3. Both sides, then, clearly have at least a valid legal case to argue. However, there’s an extremely interesting quirk. When the UK government’s Secretary of State for Scotland, Michael Moore, appeared on Scotland Tonight earlier this week, the show invited its viewers to suggest questions it could put to him. At this blog’s request, the programme asked Moore whether the UK Government would itself bring a court case if the Scottish Parliament attempted to hold a referendum without Westminster approval. His answer was that it would not, but that members of the public might do so.

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As we’ve previously noted and as the New Statesman (alone in the media) subsequently picked up on, this is an extraordinary, and highly significant, admission. For the UK Government to announce that it would stand idly by while an illegal attempt was made to dismantle the very UK state is scarcely believable – it’s rather like a policeman witnessing an armed robbery or violent assault and making no attempt to intervene, saying instead that perhaps a passer-by might come to the victim’s aid.

The only conclusion it’s possible to draw from Moore’s statement is that the UK Government is in fact not at all sure that a legal challenge would be successful, and given its unquestionably strong black-and-white case in law this uncertainty can have only one rational explanation. Regardless of the legal facts, it would in reality be politically unimaginable for the UK government – commanding just 20% support in Scotland – to attempt to stand in the way of a policy the electorate had given the Scottish Government an unmistakeable mandate for.

The website The Lawyer today carries an opinion from Christine O’Neill, one of the authors of the aforementioned textbook “Scotland’s Constitution, Law and Practice”. In the column she acknowledges the conflicting interpretations of the law, but reaches the only possible finding:

“Ultimately, however, the lawyers, and the legal arguments, will need to give way to the views of the Scottish people.”

This view is echoed all over the more sensible media. Simon Jenkins in the Guardian, for example – no Scottish nationalist he – concurs with O’Neill, noting:

“For the past week constitutionalists have been dragged from their cobwebs to pore over laws and documents. This is pointless. When dissident provinces are set on separatism, the minutiae of referendum law will not stop them.”

So we’re going to nail our colours to the mast and make a plain assertion – the referendum WILL happen, and it WILL be conducted on the Scottish Government’s terms. We suspect that in the interests of appearing reasonable, Alex Salmond will concede either the inclusion of 16/17-year-olds on the franchise or the involvement of the Electoral Commission – but not both – and the UK Government will ultimately grant the Section 30 order necessary to remove any possibility of legal challenge.

(Also, after a great show of pretend reluctance and protest, the Scottish Government will accept the UK Government’s insistence that the referendum must comprise just a single question, because that’s what the SNP actually wants – it just wants the Unionist side to be the one that rules out the popular devo-max option, rather than itself, and helpfully the Unionists are playing right into nationalist hands there.)

For all the heat and fury, it will be so. You can quote us on that.

From “LiamHunter64”, manager of the “Keep Scotland British” Facebook page (a hotbed of the sort of positive Unionism* Tom Harris MP regularly contrasts with the nasty antics of the dastardly Cybernats) and allegedly based in Sangin, Afghanistan.

12 January 2012
“If it [independence] happens I’ll be moving to England and laughing at failure!“

Slightly later on 12 January 2012
“Typical SNP, Because I’m anti-Independence I’m also Anti-Scottish? I was born and raised here, my heart is in Scotland and will never leave.”

So let’s just get this clear: Liam’s heart will never leave Scotland, but his body will be in England laughing at the failure of the country he loves? That sure is some powerful Scottish patriotism right there. We hope he gets some advice from a medical professional before he packs those suitcases, mind.

(We’re not altogether certain why Scottish independence would provoke someone to leave Afghanistan for England, but we’ll let that one pass.)

The power of Unionist doublethink is strong. While the SNP talk of “the social union” and friendship with England and the rest of the world, those most prone to bellowing their “Scottish patriotism” and pride in Scotland seem to be those who do not acknowledge that their “country” is or should be a country at all.

We suspect dear Liam doesn’t even understand the contradiction in his comments, bless him. (We did ask him, but as yet have received no reply.) We’re not so sure that Tavish Scott, Jim Murphy, and all the rest whose loudly-asserted “patriotism” doesn’t stretch as far as having their country elect its own government or control its own economy, can fall back on the same excuse as their supporters.

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Tonight's edition of Newsnight Scotland featured duelling lawyers, with conflicting views on the legality of the Scottish Government's proposed referendum. Professor Adam Tomkins from the University of Glasgow put forward the opinion that Holyrood basically had no power to do anything at all and should be grateful for Westminster's "very generous" offer to help out, while Professor Stephen Tierney (University of Edinburgh) posited the interpretation that an advisory referendum was perfectly fine as it didn't in itself lead to legislation and therefore exceed the Parliament's competence.

Presenter Raymond Buchanan tried to navigate the tricky constitutional minefield between the two, and after Prof. Tierney had given his explanation of why the referendum bill might be lawful, Buchanan stabbed right at the heart of the dilemma when he asked the question viewers across the nation were shouting at their screens:

"Just to clarify that: so, so, if there was a Yes vote, which said "Go and negotiate with Westminster" and then, uh… then Westminster… or the… what you're saying whether the voters rejected that then, what would happen or… Westminster rejected it, what impact would you, were you saying?"

Well and truly clarified, we'd say. It was a feat of no small magnitude that the Daily Record's Torcuil Crichton actually managed to haul the intellectual level down a couple of notches from there later in the show, but that's another story. The important thing is that the future of the independence debate is in safe hands!

(See here for the whole story.)

"Does the Prime Minister agree with me that we must make the case for the Union – not simply against separatism, but the positive case about the shared benefits to us all of Scotland's part in the United Kingdom?"
(Ed Miliband, leader of the Labour Party, January 2012)

"I'm happy to say that this is an area where the Right Honourable gentleman and I are going to be in 100% agreement."
(David Cameron, Prime Minister, January 2012)

So it seems we can look forward to imminently hearing that "positive case", which sadly neither of these illustrious figures had time to actually outline at Prime Minister's Questions today. Any minute now, we're sure.

As you might imagine, the sudden burst of sunlight cast on the independence referendum yesterday has seen the media scurrying around like hundreds of cockroaches who've just had the rock lifted from on top of them. There isn't time to come anywhere close to a complete analysis of the reaction and we've got a lot of stuff to do today, so we're going to cut through the swamp and point you at a handful that cover all the core issues with the minimum of fluff and waffle.

"Salmond outmanoeuvres Westminster", says Hamish McDonnell in the CalMerc, reflecting/summarising what seems to be the general media take on the subject

David Maddox in the Scotsman, apparently unaware of when the Scottish Parliament's term ends (it's April 2016, Dave) presents events from the Unionist perspective

The Guardian highlights the arrival of the civic-Scotland devo-max movement and its potential for complicating the issue

Michael Moore explicitly tells Scotland Tonight the UK government WON'T bring a legal challenge if the SNP launch a referendum without Westminster approval – we're amazed nobody else has questioned him in more detail on this. It would be absolutely extraordinary if the British government stood idly by and watched an illegal attempt to break up the United Kingdom, so why is Moore saying they won't? And what does that reveal about the UK government's true opinion on the legality of the referendum? (Warning: 300 years of adverts first)

Devolution expert Alan Trench analyses the situation in detail

Unionist misinformation kicks off early as The Telegraph runs a headline poll claiming low support for independence, but waits until the small print at the bottom before revealing that its Scottish sample is under 500 – ie less than half the number required for a survey to have any legitimacy

And Ian Smart asks an excellent question

Get through that lot and we'll see where we are.