It was always going to happen with a group blog, two co-editors writing a post on the same subject and then looking to post at around the same time. The solution? Merge them together into a single post.
Here James looks at why only one referendum is required and Jeff argues that not only should there be two referendums but that it is in the SNP’s best interests for there to be that many.
A single vote is enough, but only with a better question – by James
Who would have imagined that Michael Moore’s call for two referendums on independence would cause such agitation and consternation? Gerry Hassan sets out ten reasons why only one vote is needed, which are mostly bullet-proof (although #8 is tangential to say the least). Lallands Peat Worrier starts off giving an old post of Caron Lindsay’s a hard time, before touching on the legality of various question options. Caron replies with a defence of the two-question position.
Again, and I fear this risks making me unpopular with both sides, I think they’re all wrong. The SNP’s first question, as currently proposed, asking merely permission to negotiate, is vague and inconclusive. If the Scottish people vote yes for that, it isn’t a mandate for independence, and the need for a second question on the outcome of the negotiations would be hard to argue with. LPW’s concerns here about the need for that question are surely answered by Gerry’s second and third reasons (above).
But that first question doesn’t even need to be asked. Negotiate away. Help yourself. Fill your boots. Ideally, while involving the Scottish public in a way the National Conversation failed to do. If the results of that negotiation, informed by the views of the Scottish people, are put to a vote, then that one single vote will be sufficient.
People will know what they’re voting for, what the constitution of an independent Scotland would look like, and they can make a clear choice. And then tell UK Ministers that their second question will be the one answered by the people. If the outcome of the negotiation gets voted on, why bother asking our permission to talk to Westminster?
If UK Ministers decline the offer to talk, and display the level of arrogance we’ve come to expect, they surely know they’ll drive the public further into the arms of the Yes campaign. That campaign can then still be based on one simple question: do you believe SNP Ministers should pursue independence on the basis of the proposed draft constitution? A yes vote to that would be uncontestable.
The SNP is more likely to win two referendums than one – by Jeff
The discussion over how many referendums Scotland will need before it can win its independence has rumbled along nicely over the past few weeks and months. Those in favour of independence typically prefer one referendum, seeing that challenge as more winnable than the two referendums that unionists typically prefer.
Intuitively, this makes sense. After all, if you have to jump over two hurdles then you are twice as likely to fall down.
However, I would suggest that the SNP is instead more likely to win an overall Yes vote with two plebiscites rather than one (or three, as I’m sure someone will suggest soon enough!)
The first referendum would be a theoretical question of whether Scots would like to be independent and whether they would like the Scottish Government to enter into negotiations with the UK Government to agree a settlement. More people would be disposed to voting Yes and less people disposed to voting No if they knew that they could always vote No in the second vote. The SNP Government has no mandate to enter into such negotiations without a plebiscite but a sense of curiosity and adventure may appeal to the Scottish electorate here and a crucial number would, I am sure, be swayed into finding out what would happen next.
Curiosity may have killed the cat but I can never envisage it shooting the nationalist fox.
For me, this is similar to the way the Scottish Parliament votes. Many opposition parties abstain or vote Yes at the first reading of a Bill only to go on to vote it down at the last opportunity, as they had always intended to do. It is, I suppose, the political equivalent of Parkinson’s Law -allowing work to expand to fill the time available.
The thing is, when that second independence vote comes around, the opposition parties can’t shut the door on it like they used to do in Holyrood. It will be for the people to decide and they may find that they like what is on the table.
There will be plentiful opportunities for the SNP, and Alex Salmond in particular, to demonstrate grievance and remonstrate face to face with Cameron and Osborne. It’s a crass point to make but still could nonetheless potentially true that this opportunity could be all that is required to win a Scottish majority. The devolution opposition will be largely out of the picture at this stage as a hitherto popular SNP majority deals directly with a hitherto deeply unpopular coalition Government. Alex Salmond will always find it difficult to win independence from a soapbox with only a bunch of theories but if he can point to a Tory, preferably a few of them, and reasonably claim that Scotland is getting a rum deal, then he has a much better shot and the only way he’ll get into that room and have that round-the-table discussion is with the mandate of a first referendum.
I don’t expect to win too many Nationalists over here given I am competing with the long-held view that support for independence just has to nudge over 50% for one day, polling day, and it’s game over.
For me, this overlooks both how winnable that referendum is (not very) and the related question of how fair it is (not very).
A settlement to negotiate away from the UK needs two referendums. One to enter negotiations and a second to agree on the specifics of that negotiation. It won’t be possible to reasonably compare an indepedent Scotland with the current UK setup until AFTER the first vote and indeed AFTER the negotiations have completed. It’s only fair.
I can understand the Nats’ frustration on this. We’ll be voting on independence, what does it matter if we have a DVLA or not?
Well, how much of the North Sea’s oil will we get? How much of a settlement from existing UK assets and (liabilities) will be ours? What will our Defence look like? What will happen to RBS and the bank formerly known as HBOS? These may well all have simple, straightforward solutions but you can bet your bottom pound note that most Scots will want to know for sure the answers before it’s bon voyage for Bonnie Scotland and an adventure that’ll last a lifetime.
Ans therein lies the SNP’s route to success, trusting the people to come to an informed decision. Scotland has won a Yes/ Yes referendum before, it can do so again.
Pic by the wonderful Mr Shrigley.
#1 by Tom Britton on June 7, 2011 - 5:44 pm
Jeff can you name any other country that became independent that needed two votes to do so?
#2 by Jeff on June 7, 2011 - 6:44 pm
Tom, I can barely name a country that has become indepedent let alone know how many referendums that they had. I am
interested in Scotland and Scotland alone and taking an objective view of where we are, what the current question looks like and what looks like coming down the line, I can’t see how a single question can be fair.
Other countries have done it differently? That’s fine, I think Scotland should plough its own path.
#3 by Indy on June 7, 2011 - 6:55 pm
No country in the world has ever held a 2 question referendum on independence Jeff. Gerry Hassan’s article goes over the arguments very clearly.
Think it through – iunder the circumstances where the UK Govt wanted to block independecne and thought they could win a vote against independence if they offered the worst possible deal that would be exactly what they would do. And because it has never happened before there is no precedent and no established rules.
It would become a dogfight that was completely politicised. It just wouldn’t work.
If we reach that stage we would have to bring in some kind of external body like the EU to supervise things and see that there was fair play. Maybe we should do that anyway,
#4 by Jeff on June 7, 2011 - 7:03 pm
Not read Gerry’s article. Will do now. Thanks for the heads up.
Incidentally, there seems to be a missing of my overriding point – that the SNP may be more likely to win its objective with two referendums than it would with one.
#5 by mav on June 7, 2011 - 6:03 pm
Hmmmm.
Well, first off, can I just say that the SNP response last night suggested they were just a tiny bit rattled? You can say many things about Michael Moore, and I have, he’s my MP, but he doesn’t do ‘wittering’. When you get personal, you have probably lost the argument.
If I read James correctly, he agrees with my long-held view that the current question does not give a mandate. It gives the scottish govt permission to negotiate, but given that Salmond and co would sell their grannies to get independence, and the English could say no to everything, they wouldn’t have a strong hand. Can you see Salmond coming back and say, sorry, no deal, they wouldn’t give us what we wanted? To ensure a fair deal a referendum at the end of the process is completely necessary. Independence would break my heart, but if it happens, I want it on fair terms, and I simply don’t trust Salmond and co.
Which brings me to a final muse. What happens in these imaginary negotiations. The SNP live and breathe the lie that oil would mean £250bn a year to Scotland – I think that is what eck said last week when he picked a fight over tax revenues. I’ve a feeling that when the Treasury start talking what they believe the real numbers to be, the 2 sides will be so far apart they won’t even come close to an agreement. Ditto national debt – Scotland will have to bear its share of the UK debt, but what is the share?
All in all its a sare fecht.
#6 by Indy on June 7, 2011 - 6:17 pm
I can answer Tom’s question.
None.
Gerry Hassan sums up the absurdity of the 2 votes position very well.
As for the negotiations – they will mainly be carried out by civil servants and law officers I would imagine, although signed off by the respective parliaments. And they would have a fair bit of legal precedent. Scotland would not be the first country to become independent and it won’t be the last.
But to avoid any allegations of political game playing by either side what do people think of the option of asking the EU to act as an honest broker and conduct the referendum, as they did in Montenegro?
#7 by Dubbieside on June 7, 2011 - 6:33 pm
Rattled!
With 69 seats won a month ago, by Scottish people voting who they wanted governed by. With three to four years to prepare the ground for the referendum, to be held at a time of the SNPs choosing (i.e. when the best chance of winning, just like UK general elections) Yes the SNP are rattled.
Lost the argument, we have not even started the process yet.
Who do you want to ensure you get a fair deal? Gordon Brown maybe, he is good at finance, or then again maybe not.
Please supply a link to when The First Minister claimed £250bn oil revenues, I think the figures given last week was £12.8 bn, with Cameron now taking another £2 bn.
The share of the debt will be the same percentage as the share of the national assets, I think we will be well ahead on that one.
#8 by mav on June 7, 2011 - 8:38 pm
http://www.snp.org/node/7000
I’m glad you agree its far fetched.
You won the argument? 46% of those that voted voted for a government, not independence. And as i said, if you start throwing insults, it sounds like you’ve lost the argument. This being a specific argument, about whether the SNP proposal is a sufficient mandate.
And no, I don’t want Gordon Brown. He thankfully left high office just over a year ago, about 13 years too late.
#9 by Dubbieside on June 7, 2011 - 9:10 pm
At least try to get your facts right. You said in your post,
“The SNP live and breathe the lie that oil would mean £250bn a year to Scotland – I think that is what eck said last week when he picked a fight over tax revenues”
Then you post a link about the Norwegian oil fund that has reached the accumulated total of £250 bn over its lifetime, which I think is about 15 years. So your £250 bn per year is just rubbish.
“46% of those that voted voted for a government” great, and its good government that they will get. Its also a government that will dictate when the referendum is held, a mandate given to it by the Scottish voters.
Did you not vote for North Briton Gordon then?
#10 by Colin on June 8, 2011 - 12:37 pm
I fear mav might not be around again after that clanger about the £250bn.
#11 by Jeff on June 8, 2011 - 1:27 pm
Well, it’s a mistake anyone could have made. And by anyone, yes, I do mean Christina McKelvie.
#12 by Colin on June 8, 2011 - 3:13 pm
Eh. At least she did it in an entertaining way.
#13 by Jeff on June 8, 2011 - 3:38 pm
Ah, my dry sense of humour misses the target once again…
Never mind.
#14 by Dr Bill Reynolds on June 7, 2011 - 6:40 pm
Alec Salmond would not sell his grannie for independence.He always puts the interest of Scotland first.I trust Alec Salmond and co much more than any of the unionist parties and know that they will fight hard for full fiscal autonomy and all of Scotlands natural resources.
I dont think that the SNP are rattled and it is quite possible that two referendums would work in their favour.However,I am comfortable with one referendum for the reasons stated above.I trust the SNP to negotiate well for Scottish interests.
I see independence as natural,normal and essential,and I know that the unionist parties will try anything to block,delay and frustrate Scotlands progress to being a normal country and taking its place among the other nations in this world..In my view it is the unionist parties that are rattled.The attitude of Michael Moore makes me wonder if the Liberal Democrats have a death wish.They appear totally out of touch with the mood in Scotland where most people want (minimally) full fiscal autonomy.I think that Moores rejection of that gaurantees more electoral misery for his party.I recommend to readers interested in this issue to go to the excellent contributions of Moridura and Joan McAlpine-Go Lassie Go.
#15 by Tom Britton on June 7, 2011 - 6:58 pm
Thanks Indy.
I totally agree. Gerry Hassan’s article is excellent. For me this is such a fundamental point. The SNP fought an election on the point (amongst others) of giving the Scottish people a vote on independence. The result was such that they achieved a majority in a system designed to stop majorities. I accept that lots of people voted SNP would don’t want independence (at this point) however no one can surely deny that the SNP have won the right to hold the referendum
#16 by Allan on June 7, 2011 - 7:06 pm
The way the SNP are handling this, I can see a requirement for two referendums.
However, there is a route past this, one that is very hard and has been to date unattainable, but it will only require one referendum. Its the old pre-devolution route to Independence, winning a majority of Scottish MPs in a Westminster Election.
#17 by Jeff on June 7, 2011 - 7:19 pm
I would dispute your last point there Allan. The SNP made barely a peep at the last UK election about independence so how a majority could be translated as any sort of mandate when there will always be competing priorities to discuss is beyond me.
#18 by Allan on June 7, 2011 - 7:55 pm
The Pre-devolution route to independence entailed the SNP having to win half + 1 of the 72 Scottish seats. The theory goes that majority would be a mandate for those elected MPs to open negotiations for an Independent Government.
You’re right that the SNP hardly mentioned Independence at the last Westminster Election. Maybe the first route is currently the harder route than the route that they have chosen to go down. However, who’s to say that using that election as a dry run for any future referendum would not have tanked as badly as “More Nats, Less Cuts”.
#19 by Indy on June 8, 2011 - 9:08 am
A majority at Westminster would not be amandate for independence.
There is an established route to independence in modern Europe and that is a referendum. Yes there are excaptions to that but most countries that have become independent in the recent era have done so through a referendum.
The only real issue behind the 2 questions argument is that the question has to be determined by the constraints imposed by the Scotland Act.
There’s a simple solution to that. Westminster can lift those restraints.
#20 by Allan on June 9, 2011 - 10:12 pm
“A majority at Westminster would not be a mandate for independence.”
So Indy, why were people wasting their votes before 1999 in voting for the SNP if a majority of Scottish MP’s did not result in “negotiations” (Yes, I am mindful of the fact that the SNP peak of the 1970’s did bring about the 1979 Devolution vote, and the seeds of the current paranoia among the current generation of Pro-UK polititians).
As far as I’m aware, that route still stands. It’s just that power at Holyrood is easier to atain than to break into the Labour V Tory fight in Westminster Elections (where the SNP haven’t really found a popular narrative like they have for Holyrood elections)
#21 by Tom Britton on June 7, 2011 - 7:18 pm
Hi Jeff
I do understand your point. However the fact that no other country has had to go through two votes simply illustrates the point that it just doesn’t happen. This attempt by Micheal Moore seems simply like the last hurrah of the empire. It is right up there with the 40% rule and other classics of the British establishment. I find it deeply ironic that a party with ‘democrat’ in it’s name finds it hard to accept the Scottish election result. I would also strongly recommend an excellent article that Stewart Kirkpatrick has written on the Caledonian Mercury.
#22 by Jeff on June 7, 2011 - 7:25 pm
Tom,
I’ve just looked up a lot of the countries that moved to independence recently (full discloure, to try to find one that had had two referendums!)
Most of these countries didn’t even have one referendum and just declared it, seceding from the parent state. I don’t know how that works exactly but the lack of cross-border upheaval in the UK means that many comparisons with these countries simply doesn’t apply.
Indeed, it is Scotland’s and the UK’s relative wealth that makes the argument for a second referendum so convincing. If you have nothing and detest your political leaders, you don’t need to be asked twice to leave. Scotland is doing very, very well in the grand scheme of things and, come on, old Davie C isn’t so bad so that extra check, that extra control before going it alone isn’t a bad idea for me, as well as being necessary for a fair comparison between the two options to be made.
#23 by Erchie on June 8, 2011 - 1:13 am
The move to a Neo-Con vision of how public services should be, more expensive and proviced by private companies, suggests that yes, Mr Cameron IS that bad
the SNP are being nice in offering one Referendum, they have the majority in Holyrood, you could argue that that is enough
#24 by Tom Britton on June 7, 2011 - 7:23 pm
Allan
Do you mean the way that SNP promised an independence referendum if elected? Surely winning the election gives the SNP the mandate to deliver what they promised and what the people of Scotland have voted for?
#25 by Angus McLellan on June 7, 2011 - 7:38 pm
Regarding James’s point: isn’t there a debate going on now? Much of it may be founded on doubtful premises – such as the idea that full fiscal autonomy, aka devomax, aka muscular devolution, aka independence-lite, is an alternative to the status quo – but it is happening. Clarity from the Scottish government might make the task of the commentariat easier, but since the status quo won’t be defined until the Scotland Bill is dealt with I’m not seeing any need for urgency.
Regarding Jeff’s point: you wouldn’t need to be a Westminster-hater to think it possible that the existence of an approval referendum after negotiations might encourage some people to queer the pitch by insisting on unreasonable and inequitable terms. David Cameron can afford the luxury of being statesmanlike in his dealings with the Scottish government. After all, if you were to think of Lloyd George it wouldn’t usually be as “the man who lost Ireland”. Others have a great deal to lose politically, personally, and also financially, and may not be quite so high-minded.
#26 by mav on June 7, 2011 - 8:52 pm
But as I said, if all the SNP have is a mandate to negotiate, then they have no requirement to come back with a good deal that is acceptable. Salmond has spent his entire life fighting for independence. Cameron (assuming its him) will be under pressure not to give away to much. Who do you think will blink first?
There is a simple, effective way to avoid all this. The Scottish people could do what the opinion polls always say they will, and vote convincingly against independence.
#27 by Ewan Dow on June 7, 2011 - 7:40 pm
Afraid your argument that the SNP would have more chance of winning a two stage approach to independence via two referenda (and please lets use the correct plural 😉 ) doesn’t work Jeff.
The first referendum establishes the principle that Scotland becomes independent (as its viewed by Michael Moore), the second only agrees the type of post-independent Scotland that is set up on day one.
A no in that vote doesn’t mean a no to independence just a no to that “settlement” package.
The UK and Scottish Governments would just get back together and come up with a new package and then we’d have a third vote or a fourth, fifth etc until the governments came up with an agreement that matched the will of the Scottish people expresses in the first vote.
These subsequent referenda don’t undo the first one – a yes in that one is a yes for independence.
Remember too that the clumsy wording of the prefered referendum question at the moment (permission to the Scottish Government to negotiate a settlement) is due to the concerns that any other form of wording would be ruled ultra vires for the Scottish Parliament.
Doubt the Scottish Government are happy having to ask the question in such a complicated manner but that’s the way it is under the current devolution settlement.
#28 by Jeff on June 7, 2011 - 7:50 pm
Aha! You’ve fallen into my trap Ewan. ‘Referenda’ is deprecated by the Oxford English Dictionary (source) and referendums, as clumsy as it sounds, is preferred.
I disagree with your point. A Yes vote in the first referendum is not binding on anyone, but a UK Government would not get away with not writing into law a Yes result from a second referendum.
If the second referendum resulted in a No vote, a lot would depend on public attitudes to the negotiations but the fact that it’s a ‘No’ would I think be enough to embolden the Unionists and have them deny Scotland independence. And without an SNP majority at Westminster, there’s not very much Salmond could do about it save for building some barricades and hope the people followed with pitchforks.
#29 by Ewan Dow on June 7, 2011 - 11:30 pm
Now that I did not know. But you’re right it does sound clumsy.
The yes vote on the first referendum would be binding on the Scottish Government in as much as it gives them leave to negotiate independence, though I conceed that if they decided not to it wouldn’t force this to happen (though as we’ve no chance of the SNP leaving St Andrews House until 2016 at the earliest that’s unlikely)
I do wonder though that if we did see a situation of 2 referenda (sorry still using it) taking place prior to May 2015 and the situation you’ve outlined there Jeff happens, ie Unionists deny independence, if the country had shown the appetite for independence would we not then see massive SNP gains in the 2015 Westminster GE?
My view is still though that any 2nd referendum is on the settlement offered not the principle of whether Scotland should become independent but then I suppose it would depend on how the question was worded.
#30 by Indy on June 8, 2011 - 9:15 am
You are being a bit daft here.
We do not live in a bubble in which we have to make up the process of independence as we go along.
We are part of the EU and part of the wider international community. There are precedents for how countries achieve independence. There are a whole range of legal issues involved in the process. It’s not a political game.
#31 by Jeff on June 8, 2011 - 9:33 am
I’m not saying there aren’t legal implications, of course there are, but I personally am only really interested in the fairest of way of going from A to B.
I’m not convinced about ‘precedents’. There are models that are there to be followed if we so choose but in the end it is up to Scotland how it goes about this.
#32 by Am Firinn on June 7, 2011 - 7:42 pm
I think most people can see through Mr Moore’s (and Vernon Bogdanor’s etc) sudden enthusiasm for two referenda, and other Unionist commentators’ sudden urge for an immediate referendum, or one organised by Westminster, and so on and so forth. They all come from the same stable which gave us the 40% rule, as Tom Britton points out. Jeff may genuinely believe that the SNP are more likely to win over two legs, and it is even conceivable he may be right, but Mr Moore isn’t making the suggestion for that reason! Everyone knows that it is part of an attempt to frustrate the independence movement and keep us chained up in the Union. In my view, the Scottish people will come to the conclusion that Mr Moore and his mates aren’t behaving in this manner to do Scotland a kindness, and will act appropriately. Indeed, I am happy for him to be obstructive: since he represents a party even less popular in Scotland than a Niedersachsen salad, normal people will probably note whatever views he espouses and and enthusiastically adopt the opposite.
#33 by Ewan Dow on June 7, 2011 - 7:45 pm
PS as an aside, how come the “Good” figure in the cartoon at the top of the article looks like a member of the KKK?
Something you want to tell us, folks? 😉
#34 by Jeff on June 7, 2011 - 7:50 pm
Ask James, he sourced that one. I find it a bit…. weird.
#35 by James on June 8, 2011 - 8:14 am
A lot of people have said they’re “good” when in practice they’re nothing of the sort. Patrick has this card on his wall and it always reminds me of Decision Time (Yes/No/Abstain).
#36 by setindarkness on June 7, 2011 - 8:53 pm
I’m wondering if this is a delaying (or even a hurrying) tactic. The SNP want the referendum at the end of this parliament. Assuming it is yes, the supposed 2nd referendum would not be until the next parliament. The hope on the unionist side is that the SNP cannot possibly do as well as the have just done, and will lose overall control – will this cause trouble in negotiations for the 2nd referendum. (as for hurrying; the SNP will see this and go for the first one asap)
I like James’s idea of going for just the 2nd one – “this is what we have negotiated, what do you think?” but this assumed that the UK government will negotiate and whilst James thinks that this will not look good, and I agree, the UK government won’t care about that.
#37 by Jeff on June 7, 2011 - 9:03 pm
My problem with James’ suggestion is that there is no incentive and consequently no likelihood that the coalition will indulge the SNP in serious negotiations. It is only with the backing of a successful Yes vote that Salmond will get Cameron around the table on that score.
#38 by James on June 8, 2011 - 8:15 am
It would have been easier if the SNP had said “If a majority of Parliament votes for negotiations to open, post-election..” and then the win itself would have been the moral authority to negotiate. Might have startled the horses during the election, although it would still have had a “referendum lock” built in.
#39 by Jeff on June 8, 2011 - 9:37 am
Fully agree.
I am concerned the SNP won the majority and are only now trying to decide and gerrymander what it means, manifesto notwithstanding.
#40 by Indy on June 8, 2011 - 11:31 am
Gerrymander what?
You need to take a step back here and think about this calmly and less politically.
I am familiar with the various conspiracy theories about how the SNP wants to somehow trick Scottish voters into voting for independence without really understanding what it means.
It’s an extremely stupid argument.
Because if the majority of people do not want independence and we somehow tricked them or gerrymandered them into voting for it the result would be disastrous for Scotland and utterly disastrous for the SNP.
So even if you don’t credit us with any basic integrity – though I am not sure what that is based on – at least credit us with the intelligence not to behave in such a stupid and self-defeating way.
#41 by CassiusClaymore on June 7, 2011 - 8:54 pm
The question of ‘one referendum or two’ is clearly a political matter. On that level, you can have a debate about it.
But, it’s also a legal matter, and I’ve been very disappointed in the reporting on it thus far. All the ‘expert’ opinion referenced in the press Vernon Bogdanor, Robert Hazell, Alan Trench etc. – have been approaching the question as though it is a matter of English constitutional law, where the concept of parliamentary sovereignty applies.
This Anglocentricity is hardly surprising, given that these individuals are experts on English constitutional law. They are not, however, Scots-qualified lawyers and can’t be expected to be aware of Scots law as it relates to constitutional matters.
This is important, because (Inconveniently for them, and for Michael Moore) the question of Scottish independence and sovereignty is exclusively a Scots law matter. Under Scots law the people are sovereign, not parliament (McCormick -v- HMA, per Lord Cooper). There is no doubt about this.
Accordingly, one referendum (organised by whichever Parliament, it doesn’t matter) is all that is legally necessary. There is absolutely no Scots law legal basis for two questions. None whatsoever. It has, quite simply, been invented. Parliament can invent new laws. Judges can invent new laws. Michael Moore cannot.
CC
#42 by Jeff on June 7, 2011 - 9:01 pm
They all sound like very good points CC, I say ‘sounds like’ as I’ve purposefully avoided reading up on any legal aspect as I’m only really interested in what’s fair.
One referendum being legally sound sounds about right to me; I’d still feel a bit hard done by if I didn’t have a say on the final settlement though.
#43 by Am Firinn on June 7, 2011 - 9:18 pm
“Fairness”? Crikey, where does that stop? Scotland’s independence will affect the English. Do they have to have a vote too? And it affects the EU. Does it need QMV in Council? And the UN – surely it needs to have a vote on a potential new member? This argument about “fairness” is quite difficult to tell apart from another Unionist dirty trick. Which is where we started from on this “two referenda” notion…
#44 by Jeff on June 7, 2011 - 9:23 pm
England voting in a Scottish independence referendum has nothing to do with fairness, it has nothiing to do with anything infact as it is a decision for Scotland alone.
If England wishes to leave the UK then it is welcome to have its own plebiscite.
When I talk of fairness, I talk of Scots being given a fair comparison between what Scotland is now and what Scotland would be in the future. That’s all, and that’s not an unreasonable request.
#45 by Gaz on June 7, 2011 - 11:11 pm
This is where the idea of the 2nd question starts to unravel.
If we are saying the Scots must have a say in the negotiated settlement then you can’t very well deny the English the same as the result of that negotiation has as much impact on them as the Scots.
This is quite unlike the principal of dissolving a partnership which can be invoked unilaterally by either partner at any time as long as it is in accordance with the articles of the partnership. If, on dissolution, the partners can’t amicably agree a settlement, it would go to arbitration.
For example, if England voted for Independence, that would be just dandy. However, if the Scottish Government agreed that England should take 50% of the oil reserves during the negotiation you’re damned right I would have something to say about that. In that circumstance, where does the Scottish Government get its mandate to give that up without referring it to the people?
We also have to remember that this negotiation won’t start from a blank canvass; international law and precedent will largely sort out the division of territory, assets and liabilities, the rest will be about how the parties to the negotiation can get as much mutual benefit out of sharing existing services and institutions as possible.
Unionists try to portray post-Independence negotiations as some kind of bun fight. The reality is that, just as in business, two parties who have adopted perfectly legitimate positions will work together to obtain as much mutual benefit as possible. The big difference that such folk fail to grasp is that these negotioations will be between equals, each of which would be in a position to benefit the other, and not, as present, a devolved government pleading its case to a parent government who is perfectly within its rights to dismiss anything out of hand.
It is also unfortunate that a few idiot Unionists consistently misrepresent the likely share of territory (and therefore oil/gas reserves) and inheritance of treaty obligations because international law makes it quite clear what an Independent Scotland would look like and, guess what, the SNP has been articulating this for as long as I can remember. Sensible Unionists have long since conceeded these points.
The referendum is on the principal. The negotiations will be on the practical. Let’s not confuse the two.
#46 by John Ruddy on June 8, 2011 - 7:24 am
However, as we are often told, the Scottish people have the sovereignty, not any elected politicians. What is so wrong about giving the Scottish people the final say on the sort of Indepedent Scotland they’re going to get?
#47 by Indy on June 8, 2011 - 11:46 am
Lol. What about a referendum to give people the final say on the sort of United Kingdom they want?
#48 by Gaz on June 8, 2011 - 1:16 pm
They will – at every General Election post-Independence.
#49 by James on June 8, 2011 - 1:27 pm
That’s about policy, not the constitution. Please tell me a) you think Scotland deserves a proper written constitution like almost all grownup nations on the planet and b) that any constitution won’t just get rewritten by whoever wins a single election.
#50 by Douglas McLellan on June 7, 2011 - 9:15 pm
I see merits in the ideas put forward by both James and Jeff. Both are seeking to carry more people towards saying yes to independence.
That said, I think that the independence question perhaps should boil down to first principles.
Both Jeff and James are proposing methods of trying to find out what independence should look like prior to the vote or using a second vote to approve what it looks like. What is the “independence package” as it were.
I am coming to the conclusion that in fact the question should not be about what an independent Scotland looks like but about the idea of independence. Basically, should Scotland be independent – yes or no?
It would fall to the Yes camp to put forward its vision of what independence means (Queen, money, passports, DVLA etc) and then, if successful, use that as a mandate for negotiations with London. Reference to international laws, treaties and precedents would no doubt be used and on more than one sticking point Courts would have to make decisions.
But all of that is secondary to the basic first principle of independence being sought through a single referendum.
#51 by Dubbieside on June 7, 2011 - 10:10 pm
Douglas, you wrote,
“But all of that is secondary to the basic first principle of independence being sought through a single referendum”
I think that has got to the heart of the matter, everything else if you like is the mechanics on how the whole thing will work. I do not think that it matters one bit who, in the short term, would manage DVLA etc, as it would take time to sort everything out.
It will probably take longer than it should as Westminster will go into true “nit picking mode” arguing over ever full stop and comma. Think how long it will take to divide the national assets accumulated over 300 years for instance.
One thing that truly puzzles is just what Moore is playing at. Did he not acknowledge election result on 5th May was maybe a message from Scotland, and does he think that his stance here will help the Lib Dem cause in Scotland in the medium to long term.
As a bemused spectator I can only watch in amazement from the sidelines, but if I was a Lib Dem supporter or atavist I would be outraged.
#52 by Brian on June 7, 2011 - 9:41 pm
No amount of wordsmithing and parsing is going to stop the will of the Scottish people. Instead of arguing simplistic notions like one referendum or two, both sides would be better served to present the case for their position. So far only the Nationalists seem to be working towards that goal.
It is also important to note that just as not all SNP voters will support independence, there are also many voters for the other parties that will. Latest polling puts independence support among Labour at about 20%, with the Libdems a little higher and the Tories lower. There are also independence supporters in the Greens and other smaller parties.
Better to win the argument and forget the juvenile back and forth.
#53 by razo on June 7, 2011 - 9:46 pm
This controversy has generated a fair amount of debate on the blogosphere and everywhere else but its surprising how few people have picked up on the view in the Scotsman of one of the leading authorities on constitutional law in Scotland, namely Prof Stephen Tierney of Edinburgh University.
He wrote a very interesting article today which said the following:
“Michael Moore’s position is the opening gambit of Plan B. If a referendum goes ahead, and if a Yes vote is secured, the game will move to the negotiation process and indeed the post-negotiation period. It seems Whitehall intends to play hardball. But let’s be clear, there is no constitutional requirement for a second referendum following negotiations.”
What was especially interesting about Tierney’s article was that he seemed (to me) to suggest that the issue becomes much less clear if what is wanted is some form of half way house like Full Fiscal Autonomy. You can read it at:
http://news.scotsman.com/scottishindependence/Stephen-Tierney-It-will-take.6780797.jp
#54 by DougtheDug on June 7, 2011 - 9:56 pm
So if I get this right, the first referendum gives the SNP the right to start negotiating on behalf of Scotland with the English Government on the separation deal and the second referendum ratifies this deal.
Would the second referendum be two questions:
1. Do you approve of this deal?
2. Do you want the SNP to go back and re-negotiate?
Or would it be three:
1. Do you approve of this deal?
2. Do you want the SNP to go back and re-negotiate?
3. Do you want to call the whole thing off?
Or would it be just these two:
1. Do you approve of this deal?
2. Do you want to call the whole thing off?
I mean, if this is just about getting a deal negotiated then like all negotiations those represented by the negotiators should have the right to send them back to start again if they don’t like the package agreed on.
How many referendums would there be before either a deal was negotiated or independence abandoned? Are we looking at a multi-referendum scenario or are the SNP only going to get one chance to negotiate where the the plan is to refuse to give Scotland anything to ensure a no vote. What happens if the negotiations break down?
A second referendum is really going to put the spanner in the works which of course is the whole intention.
#55 by Jeff on June 8, 2011 - 10:11 am
Excellent points Doug. I could stamp my feet about wanting a second referendum but what I want that referendum to say is something I hadn’t even thought about and, as you point out, it’s really not clear what would be required.
I believe all referendums should be a straight yes/no question but the fairest second referendum would have three options – Yes to negotiated settlement/No and try renegotiating/No let’s call the whole thing off. With some sort of AV this three-pronged referendum could potentially work but it starts to get super messy very quickly.
#56 by DougtheDug on June 8, 2011 - 10:44 am
A second point Jeff is what about the English, Welsh and Northern Irish?
Under the second referendum plan the Scots get to approve or reject the deal on offer but if there are to be two referendums why don’t the English, Welsh and Irish who will be in the new country of EWNI also get a chance in a referendum to approve or reject the deal on offer from their negotiators because it will affect them as much as us?
It gets messy very quickly with a second referendum because they’re mixing up two questions quite deliberately to try and stop independence for Scotland.
They are mixing up
Do you want independence?
with
Do you approve of this separation deal?
And if the second question gets a referendum in Scotland it should also get one in England. Why do only the Scots get a referendum on the separation deal? Moore and the other wreckers simply haven’t thought the logic through but it was never thought out logically in the first place as it was always just a wrecking move.
#57 by Jeff on June 8, 2011 - 11:01 am
But then, if we’re going to truly respect democracy, if most Scots or most English/Welsh/NI don’t agree with the negotiated settlement, referendum or otherwise, then the independence should not go ahead.
I appreciate that it is complicated but just because there was a Yes vote on independence in theory, it doesn’t give Salmond/Cameron carte blanche to claim that any settlement will be acceptable to Scots and Brits at large.
I actually don’t think a referendum would be required in rUK under any circumstances. Scots should have a say over what it’s side of the negotiated settlement should or should not be but the UK Government has a stronger mandate than the Scottish Government does and, I think, has the right to represent rUK without a specific referendum given that rUK will be largely unchanged whereas Scotland will be significantly different..
#58 by DougtheDug on June 8, 2011 - 11:15 am
You’re blurring the two questions here Jeff.
England, Scotland and Wales have the right to leave/break up the union if their citizens vote to become independent. That’s one referendum.
I think there should be just one referendum on independence and then negotiations by the two sides on the distribution of assets and liabilities done under international supervision which are split on a population basis.
What Moore et al are proposing is that there is then a second referendum on the separation of assets and liabilities deal. If one side gets a referendum to approve/disapprove that deal so should the other.
How does the UK Government have a stronger mandate than the SNP if the first referendum is won by a majority in Scotland? The view that Scotland needs a referendum on the deal but the prospective new state of EWNI doesn’t is an odd one.
#59 by Jeff on June 8, 2011 - 12:34 pm
For me, the Westminster Government would have a stronger mandate because it is UK assets/liabilities under Westminster control that are on the table. Yes, the 1st Yes vote gives the SNP group a mandate and legitimacy to take as much of that pot as it can but rUK will remain reasonably similar to the UK that exists now and it is Scotland that will emerge substantiallu different. That, for me, is why Scotland needs a referendum and rUK does not, but I can of course see it the other way too.
To be honest, this is to overlook my central point that if there is only the one referendum, and it’s not clear what the settlement will be, I reckon the Nationalist movement has a very difficult task indeed in winning even one referendum. With two votes, both with no uncertainty over what is being voted for, you’re in with a better shout.
And I can’t see a ‘pre-settlement’ being in place in advance of one referendum, but I would be happy to be proved wrong in time. There’s plenty of debate to be had before the referendum polling cards get sent out.
#60 by douglas clark on June 7, 2011 - 10:24 pm
I agree with Douglas McLellan,
It seems to me that we make the decision about whether we want independence or not. It is that simple. Once the decision is made we are, de facto, independent. All we are doing then is negotiating terms. There is no going back.
As I understand it that’s how it has worked in most of the cases of splits in the past. There is no need to over-complicate the process. An independent Scotlnd could, reasonably, renege on any attempt by Westminster to saddle us with an unfair percentage on the National debt, for instance. That would have to be mediated elsewhere.
#61 by Alex Buchan on June 7, 2011 - 11:00 pm
Am I missing something here? I thought the reason that the referendum has to be worded in a more round about way in the form: “Whether you agree to the Scottish Government (will it have to say “Executive”) entering into negotiations with the British Government etc…” is because any other wording would be ruled ultra vires. Is there some way a more straightforward question could be passed by the Scottish Parliament without being ruled inadmissable?
#62 by James on June 8, 2011 - 8:19 am
This was the fear when there was a formerly Tory PO (unreasonably, I think). And besides, it could always be “enter into negotiation with the objectives set out in ‘A New Scotland'”, and so refer to the outcome of my desired constitutional convention.
#63 by Alex Buchan on June 7, 2011 - 10:52 pm
I was arguing exactly what Jeff is arguing, and for the same reasons, about two weeks ago in comments on this blog, and elsewhere, but reading Gerry Hassan’s article in his blog today has changed my mind. This is possibly Gerry’s most lucid and forceful piece, but it wasn’t just his strong argument which changed my mind, it was the context.
Michael Moore’s comments reported on the BBC here: http://www.bbc.co.uk/news/uk-scotland-13671907 shows that the UK government’s insistence on two referendums along with a categorical refusal to include any new powers in the hopelessly flawed Scotland Bill is part of a strategy to reassert Westminster control. Gerry shows in his arguments that a two referendum position is being argued by academics like Bogdanor and Hazell on spurious grounds to erect a constitutional barrier to Scottish independence, which, if it is conceded now, will be used from now on to wreck any moves towards independence in the future by making the negotiations impossible because the UK government would have no incentive to enter into honest negotiations; all negotiations under these conditions would be a game of partisan point scoring leading up to a second vote.
I would also like to know what the hell the LibDems are up to. This was supposed to be the party that supported a federal solution but now they have become a convenient foil for the constitutional Neanderthals of the Tory Party. I felt the SNP were absolutely right to put Moore in his place. He is a Tory fall guy and the role of Scottish Secretary is an affront to Scottish democracy, only kept for political reasons in order to shore up the union.
#64 by DougtheDug on June 8, 2011 - 9:25 am
Alex, the Lib-Dems have always been hard line unionist since their creation in 1988 and federalism is unionism. It is just devolution with constitutionally protected powers for the regional governments.
The Lib-Dems love the word but as far as I’m aware they have still not decided between a four region federal solution for the UK based on the, “footballing nations”, and their preferred, “nations and regions”, solution which relegates Scotland to the same governmental level as an English region.
Quite apart from that. try and find anything concrete on what powers they propose for Scotland and the other UK federal regions and you’ll come away empty handed. After 23 years it can safely be said that the LIb-Dems love federalism as a flag to show they’re different but they are in no hurry to put it into practice. The Lib-Dems and the Tories are natural unionist allies.
#65 by Ewan Dow on June 7, 2011 - 11:23 pm
Agree with Douglas Clark’s points as surely the principle of whether Scotland wants to be independent is the crucial thing here.
The shape of that independent Scotland will be decided by the people afterwards at firstly the first general election and subsiquent elections afterwards.
I mean its all very well to say that HM will still be de facto head of state during a referendum campaign but if following independence the first bill passed by parliament is a referendum on the monarchy which votes to become a republic then even mentioning the future of the monarchy post independence becomes a bit academic.
I can only equate this to the discussions that must have taken place in Ireland in 1921 when instead of celebrating getting independence the Irish split into pro and anti treaty factions and fought a civil war over details! (That won’t happen in Scotland but we’re already falling for the good old British trick of divide and rule as seen in the 1920s and all points on)
Yes lets persuade and argue on the merits of whether Scotland can manage as an independent nation but as to the political shape of Scotland – that’s a decision for us all to take after independence is gained.
#66 by James on June 8, 2011 - 12:58 am
The trouble is you’re not distinguishing the constitution from the policy.
#67 by Erchie on June 8, 2011 - 1:25 am
Which constitution?
The fragment of English Constitution? With sovereignty enshrined in Parliament?
The slightly better established Scots Constitution? with sovereignty enshrined in the people?
The UK constitution, which doesn’t exist?
#68 by Angus McLellan on June 8, 2011 - 1:56 am
It’s late and it’s been a long day, so the problem is likely at this end. Whatever the reason, your meaning escapes me. Can you expand on this James?
#69 by James on June 8, 2011 - 8:21 am
“The shape of that independent Scotland will be decided by the people afterwards at firstly the first general election…”
That will decide the policy Scotland follows (cut taxes and services or the opposite, motorways or public transport etc), but it can’t decide our constitution. Surely we have to have one, and you can’t write a constitution at a general election. The people should just get one clear vote, where they know specifically what sort of constitution is being offered.
#70 by Douglas McLellan on June 8, 2011 - 9:00 am
I do understand what you are arguing for James but I think, technically, even constitutions are just the results of an an election winners policy and can change quite a lot.
You are correct though that the Yes camp needs to get together and agree a platform about what it thinks an independent Scotland would look like. If that involved public consultations then so much the better.
But the referendum should be about the basic principle of whether or not Scotland should be independent.
#71 by James on June 8, 2011 - 9:01 am
That’s a position I can’t support, and I regard it as neither liberal nor democratic 😉
#72 by Douglas McLellan on June 8, 2011 - 9:25 am
Mmm. I’d like to see your workings showing where that answer came from.
By their nature, referendums in this country are democratic and liberal.
But I know that you want to know that all the t’s have their crosses and make sure that all the i’s have their dots.
#73 by James on June 8, 2011 - 9:32 am
Sorry, the first part of yours is what I meant. Constitutions have to be more than just the result of a single partisan election victory by any party.
But I do disagree about the last point too. There are independent constitutions I’d vote for and constitutional formulations I’d vote against.
#74 by Angus McLellan on June 8, 2011 - 1:38 pm
Thanks James.
I can agree that a written constitution shouldn’t be changed at the whim of the majority of the day, but I disagree on the urgent need for one. We’ve lived without one for a while. The sky will not fall on our heads if we muddle on in the same way. I’m not the greatest fan of the ECHR, as reinterpreted by the courts, but it would provide a workable framework within which to live and work for some time to come.
#75 by James on June 8, 2011 - 1:40 pm
Not for me. I want to know whether an independent Scotland will be properly democratic etc before signing up. And how the constitution will be written and agreed. Vagueness of this sort plays right into the hands of the No campaign.
#76 by Angus McLellan on June 8, 2011 - 8:32 pm
The trouble is, most things that would get you engaged and motivated to vote yes might alienate no end of other people. It seems uncontroversial to say that it would be unwise to focus a referendum campaign on Green activists. The target swing voters will be found among supporters of increased devolution wherever they may be, SNP voters not convinced on independence yet, and similar groups. Since I’m already convinced, I expect to be ignored too.
Considered as a spectator sport, the campaigns won’t be run for my benefit or for yours. I’m tempted, just this once, to see how it might feel as a participation sport. I don’t think I’ll be making a career of it though.
#77 by Ewan Dow on June 8, 2011 - 3:00 pm
I am though James. Whatever constitution is agreed on day one can be amended over a period of time, not by parliament (at least in my view) but by the people.
Taking the example of the South of Ireland. In 1922 the Irish Free State was a dominion of the Empire and had British naval bases within its territorial boundaries.
Over the course of the past 89 years its became a republic, got rid of the bases and has had over 20 referenda on amending the constitution since 1945. Though not all were succesful clearly the constitution of the Irish Free State/Irish Republic has changed since day one of Irish independence.
The point I was therefore making, (possibly more in response to comments made on Twitter by Alex Massie and Kenny Farquarson which were going through my head at the time rather than Jeff and your good self – apologies for that) was that its pointless having a bit debate about the type of Scotland that would be delivered post independence during a second referendum campaign when that Scotland would only last until the first Scottish constitutional referendum..
I suspect there will be people calling for referenda on Trident (if its still based here unlikely though that is), NATO membership, EU membership and the place of the monarchy post independence just as they do in the current UK though there may be more appetite in an independent Scotland to have these votes than there is in the current UK.
In this case polcy shapes the constitution, we should never allow ourselves to be in a situation where the constitution shapes policy. I agree with you that the new Scotland needs a written constitution but that should enshrine the right of the people of Scotland to take Scotland in whatever direction they want our country to go in even if its one that personally we don’t agree with.
#78 by Bryan Potter on June 7, 2011 - 11:30 pm
I used to be up for two questions, but I’m afraid Jeff you’ve convinced me of the opposite! I’m with the brace of Douglas: yes or no.
And I believe “negotiations” are effectively in progress now. As mentioned above legal precedent will decide most issues. For example circa 80% of the oilfields are in what will be Scotland’s internationally recognised waters, so tha is the minimum we will get. Difficult to envision companies drilling for oil in Scottish water and then paying tax to the English.
Nice blogpost! Loving your work 🙂
#79 by CassiusClaymore on June 8, 2011 - 5:19 am
Bryan
Somewhere between 92 and 95% of proven hydrocarbon reserves are geographically located in Scotland. Almost all of the unexploited potential reserves – West of Shetland etc. – are in Scotland.
This isn’t really a negotiation point. It’s just geography.
There are much more interesting negotiations to be had e.g what’s our share of Gibraltar, the Falklands (and their oil reserves), the tracts of valuable real estate owned all over the world etc.
CC
#80 by James on June 8, 2011 - 8:22 am
The west of Shetland stuff should never be extracted – it’s the kind of deepwater drilling that cannot now be safely done, and the risks to our economy of blundering in are far too high.
#81 by Dr William Reynolds on June 8, 2011 - 7:31 am
I disagree with Mav that the opinion polls show that a referendum would be convincingly lost.What they tend to indicate is that independence and unionism are both minority positions.There are a number of undecided people and we do not know the effect of a referendum campaign that gives people the correct facts.That has never been done.What people are mostly fed through a biased media is misleading information.Happily,these days,people travel a lot and have access to information through the online media and social networking methods.
One referendum is all that is necessary and there are many sources that argue the rational for that extremely well.If negotiations were being conducted by one of the unionist parties,I might be concerned.All of them have a long history of ignoring and frustrating the wishes of the Scottish people ,unless they are threatened politically.Those parties tend to be content to give decision making powers and resources away.Happily,negotiations would be conducted by an SNP government,who always put Scotland first.Regarding Michael Moore who appears very obstructive,I do wonder what on earth is going through his mind.He does not appear to be acting like a Liberal to me and seems hell bent on political oblivion.Have the Liberal Democrats learned nothing from the 2011 Scottish election? Perhaps he has not yet understood that his party is threatened politically.In that case he should not be in the position that he vis in.Smart politicians never underestimate their opponents.
#82 by douglas clark on June 8, 2011 - 8:44 am
Dr William Reynolds,
Ré Michael Moore. It seems inevitable that he, and people like him, will lose the support of the Scottish people unless he changes his approach. He cannot seriously see his present strategy as extending his political career beyond a referendum, can he?
#83 by CassiusClaymore on June 8, 2011 - 9:19 am
#36 John Ruddy
If you accept that the people are sovereign (which puts you one step ahead of Michael Moore, at least), then why do they need to be asked more than once?
I just don’t get the logic.
CC
#84 by Dr Bill Reynolds on June 8, 2011 - 10:55 am
I dont agree with the suggestion that the SNP won a majority and are now attempting to gerrrymander the election result.My observation is that the SNP are attemptring to do exactly what they said they would.I have noticed that unionist politicians are spending a lot of energy trying to deflect them from what they said they would do.
In respect of Mr Moore,I notice that his Conservative colleagues are reported in todays Scotsman as saying he should engage his brain before talking.It appears that they are claiming that he is out of his depth.That is my conclusion also.He has a real problem since,ehile acting like a Tory unionist,he is not accepted by them.It seems that he has few friends.
#85 by Lost Highlander on June 8, 2011 - 11:30 am
It does appear like a lot of the pro unionist press that looking at Mr Moores position on the need for two referendums initially appeared to be a slap in the SNPs face and Scotlands too. It appeared that whatever we said it would be up to westminster if we where allowed it. Most of the press loved this but it did strengthen the nationalists.
But with thought this demand by Mr Moore for two referendums will actually increase the likehood of full independence. No longer on the first ballot will there be an option for devo max but a question do you want scottish independence and to have the SNP goverment negociate with westminster.
If a yes is given then thats the principle set Scotland is now independent no matter what the 2nd referendum asks. The SNP will negociate for a deal as to the sharing of UK assets and the result of that negociation put up in the second ballot. It will be do you agree with this deal or do you want the SNP to negociate again for a better deal.
This could well lead to referendum after referendum but the principle that Scotland is independent wont change.
#86 by Alex Buchan on June 8, 2011 - 1:33 pm
Wishful thinking! Yes if we entered into negotiations over independence a psychological barrier would be crossed, not just in Scotland but, equally, in London and the rest of England, but the idea that anyone would confer some legal or political permanence to a decision made on the basis of a consultative referendum held by the Scottish parliament at a set time in a specific set of circumstances is fanciful.
That’s not to say that, however hard the UK government tried to put the whole thing behind them and claim a second referendum vote as a vindication of Scots desire to stay in the union once they had all the fact, it would be difficult to see how this wouldn’t lead to greater tensions between the component nations and demands for change such as an English parliament, a written constitution or even a federal union.
The idea that virtually any outcome would be good for Scotland because we can see arguments to the effect that a principle has been accepted etc. is not how politics works, in politics you only win real power if you beat your opponents all the way, which would mean wining both referendums. If not its back to square one, but with the UK government registering a compromising win, but a win none the less.
#87 by Jeff on June 8, 2011 - 12:39 pm
“There was also unease at Westminster, where one Conservative back-bencher complained that holding two votes was “unfair” and another asked: “What is Moore playing at? Two referendums just improves the Nats’ chances of winning.” – Scotsman
I feel vindicated…
#88 by Indy on June 8, 2011 - 1:28 pm
You feel vindicated because a Conservative backbencher agrees with you?
Do you think they really have their fingers on the pulse of Scottish politics then? Lol.
#89 by Jeff on June 8, 2011 - 1:42 pm
Yeah, that one was a bit more tongue in cheek so not to be taken ‘too’ seriously 😉
It certainly goes against my philosophy that I should feel better about myself when a Tory backbencher disagrees with me!
I suspect the true blue Tories can assess the ‘risk’ of SNP success better than most though.
#90 by Christian Schmidt on June 8, 2011 - 1:54 pm
I bet the Nats leadership are falling about laughing. I commented some time ago at another thread that the unionist can easily lose an(y number of) independence referendum(s) because it is so difficult to make a positive argument against it and because of their capacity of making big mistakes.
Moaning about the number of referendums is not a positive case but a mistake. The Nats are going to say ‘yes we can’. The unionists are saying ‘we might have lost the election, but we know that it is our right to make up the rules as we see fit to help ourselves’. Who are you going to listen to / vote for?
#91 by Christian Schmidt on June 8, 2011 - 2:11 pm
On the specific question of a second referendum, I guess what is going to happen is this: The SNP is going to have their ‘advisory’ referendum. If it’s lost, end of process. If it is won, talks with the UK government start on how (not if) an Act of Disunion will be implemented.
If the talks go well and everyone comes to an agreement (which would include independence), a 2nd referendum might or might not happen. But it wouldn’t matter because if everyone has come to an agreement such a 2nd referendum would be won anyway; it’d be as pointless as the recent Welsh referendum. If the talks do not go well and there is no agreement, there’ll be a second referendum in the form of fresh elections – The SNP would go to the people asking for a mandate to declare UDI because the UK government acted against the will of the Scottish people as expressed in the first referendum.
Oh, and that the unionist parties now refuse to add any additional powers to the Scotland Bill is surely also helping the pro-independence argument.
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