Archive for category Constitution

A story of two campaigns…

Thanks to Andrew Smith for this guest post. Andrew is a Scottish born communications professional in London. This article is a follow- on from this one. You can buy his debut novel here.

The YES Scotland campaign was launched two weeks ago by an array of actors, politicians and grassroots activists. Quite possibly the most significant long term development has been the launching of a new petition/ declaration in support of independence. The target is to achieve one million signatures in advance of the referendum and to use the list as a tool to contact and motivate activists.

The database will be very useful, although personally I think that setting a target of one million signatures was a mistake. This is not least because it is an incredibly ambitious target and after one week there were only 15000, half of which came within the first 24 hours. The focus on attaining one million signatures is misguided also because it assumes all supporters have internet access and would be comfortable giving their details to a central campaign office. It’s also a misleading indicator of the levels of support for the policy. The main reason for this is because despite not having a vote I am able to sign it from my flat in North London. There is no block on people with more than one email address signing it multiple times (for example I have 4 functioning email addresses that I use for different reasons.)

The campaign has chosen to launch with over 2 years left to the referendum because this gives more time to focus on building a strong grassroots movement. This is vital because it will have to be inclusive to be successful. The relationship between the YES campaign and the SNP will be very important in determining how successful the campaign is. The campaign has to be broader than the SNP, even if every SNP voter supported independence (which is not the case) then that would still not amount to a majority of the country (less than 25% of those eligible to vote.) The response has been to ensure that Patrick Harvie has played a prominent role and to invite traditionally ‘old labour’ figures as Colin Fox and Dennis Canavan. How important are these people?  The combined vote of the SSP and Greens may have only represented 4.8% of the electorate last year, 4.4% of which was the Greens, but in a referendum where every vote counts their influence could be decisive. Will the public see it as a genuine cross party and community based campaign? Only time will tell, although I’m not convinced that stunts such as the hosting of a vote on Scottish independence in the Scottish Parliament (in which all but 3 of the votes in favour came from SNP MSPs) does a great deal to show the breadth of the movement.

This is why it is important that Yes Scotland keeps a level of autonomy from the SNP. This will be hard to begin with as it was primarily instigated and funded by the SNP and it will be a while before it is able to function fully as a campaigning body. In contrast the NO campaign has every reason to ignore Yes Scotland for now and treat the referendum as a choice between the union and the specific policies of the SNP. One of the key tactics has been to raise a lot of structural questions about an independent Scotland and until now the SNP response has been a combination of uncertain assertions and a reminder that most policy decisions will be made after the next election. The problem with this is that when the SNP make claims on issues that most people deem central to the referendum (currency issues and relationship with the Bank of England) then they can be seen to be speaking for the wider YES campaign, at least for the time being.

At the moment the NO campaign is still functioning as a very loose party political coalition as opposed to a formal and structured campaign. The reason for this is obvious; the referendum is a numbers game and if the unionist parties communicate with their own voters and keep them onside then they will win. In theory the unionist parties do not even have to attract a single new supporter to win the referendum; all that they have to do is inspire and mobilise the ones that they already have. In this sense they would be well advised to keep the approach that they already have and avoid the obvious pitfalls that would come from the three parties routinely campaigning together under an overtly unionist banner. By keeping the structure as a loose collection of party political campaigns that is complemented by individual endorsements from figures as diverse as Alex Ferguson and George Galloway and stunts such as the release of well timed survey data they can attack the SNP from all angles.

Closer to the time the NO campaign will need to formalise a bit more, but unlike the YES campaign there is no imperative to do that yet. The smart approach would be for them to delay this as much as possible and to avoid having the campaign defined by any one person. The argument they should make should be based on the fact that Britain means different things to all people and therefore there is not one overarching reason for the union aside from vague premonitions of unity. There is also no need for any formal NO campaign to take one united position on devo-plus or to wed themselves to the status quo, instead they should take the firmly non committal position that all of these points will be open for discussion as soon as the referendum is over.

So this is where I believe we are. We have seen the emergence of one formal campaign that desperately needs to prove its breadth and one informal campaign which is more likely to meet in Alasdair Darling’s flat than it is to meet in public. I would expect this to be the case for some time. Expect the YES campaign to organise more endorsements from well known women and members of the business community (who were far too few at the launch) and to start trying to develop the essential grassroots networks in every town across the country. The NO campaign will continue to focus on the economy as opposed to any particularly emotional arguments. If the NO campaign can paint Yes Scotland as being a front for Alex Salmond and the SNP as a group of naive fanatics then they can turn the campaign into a battle of misplaced hearts against sensible and realistic heads and they will be half way towards victory.

Miliband and Narrow Nationalism

In the aftermath of the Jubilee and before the Olympics descends, Miliband is wringing out more flag waving, speaking at the site of the 1951 Festival of Britain to compel England to be a bit more interested in the break-up of the British state.

Singling out arch agent provocateur Jeremy Clarkson, who has likened Scotland leaving the UK to “waving goodbye to a much loved, if slightly violent, family pet”, Miliband criticises those in England for narrow nationalism and ignoring multiple identities and allegiances. He criticises the SNP too for the same crime of narrow nationalism, of making people choose to be Scottish over British.

It’s not the SNP who are making Scottish people choose to identify as Scottish instead of British: 14 years of polling data indicates only 19% of Scots choose to describe themselves as British first.

Likewise, I’m not convinced persuading the English of the need to take more of an interest in Scottish devolution and independence is a good strategy for Miliband either. I believe Scotland’s future should be a matter for people living in Scotland alone when it comes to voting in the independence referendum, but that said I remain interested in what people living in the other UK nations think, and how that affects their own attitudes to living on this island.

But I don’t think those attitudes are in the direction Ed Miliband wishes them to be facing in. According to the IPPR’s Future of England survey, published in January 2012, most people in England are decidedly relaxed about Scotland’s departure from the union. A relaxed position developed and strengthened by a simmering resentment at an increasing feeling that England herself gets a raw deal from the union.

As Slugger details today, British identity and English identity are no longer co-terminous. Miliband may have electoral interests in building a strong English identity among English voters, against the far right and to tackle Tory toffs unable to talk to common people, but I fail to see where such a feeling becoming fervour for retaining Britain translates into defending the union.

Whether the English are indifferent or passionate about retaining Scotland in the UK, their influence will always be minor on how Scots vote in the independence referendum. It’s nice to be wanted of course, but it’s equally nice to be respected to make up our own minds.

Miliband’s aides say he’s brave for not going for the obvious topic of addressing national identity in Scotland; but I’m not convinced trying to persuade the English about their identity instead is a show of strength.

For Scottish independence, much like Scottish nationalism, identity itself is only one factor. The desire for independence goes further and deeper than notions of whether one is a Scot or a Brit, but rather how we want to be governed and how we see our country and economy, schools and businesses, being run. It’s safe for Miliband to talk about identity, but it will have no impact on the referendum result. Perhaps, like Mr Clarkson, he too should ditch such a narrow outlook.

The SNP should back a Scottish currency or continue hoping for a miracle

Only the most blinkered of Nationalists will fail to accept the extent to which Lamont easily pulled and pushed Salmond from pillar to post at yesterday’s FMQs.

The apparent suggestion from Nicola Sturgeon that Scotland would have representation on the Bank of England’s Monetary Policy Committee after independence seemed errant and certainly wasn’t helped by Salmond’s vague reference to having talked to Mervyn King recently. The old adage ‘It’s the economy stupid’ has probably been shortened and switched to simply ‘stupid economy’ within SNP circles as outside market forces are the single biggest millstone around the Nationalist neck these days, and for many days to come.

The Treasury sought to lance this particular issue for the SNP today with an appropriately respectful but firm put down of the suggestion that Scotland would have representation on the MPC. The Treasury is not predisposed to helping out the Scottish Government, but it’s not difficult to assume that they are correct.

Alex Salmond should have heard the alarm bells yesterday and fobbed off the question by saying there are two long years to work these details through but he was fatally undermined by allowing half-baked ideas out into the public domain in the first place. People will only be convinced by hard facts and definitive answers from the key stakeholders, be it Bank of England, European Commission, HMRC or whoever. Romantic witterings from independence proponents of ‘Well, the way I see it…’ simply won’t muzzle the custard.

Faced with stubborn poll ratings, seemingly unable to preach beyond the converted (be it at yesterday’s dumb Parliament vote or last week at Cineworld) and a quietly confident set of unionist arguments amounting to ‘why bother?’, the Yes bandwagon is stuck in the dirt. To coin a phrase, the SNP cannot go on like this. Something’s got to give.

The ambitious intention to out-canvas the unionist side and use sophisticated data gathering techniques to give the Yes team an edge is impressive but insufficient. You don’t win arguments without a winning argument and, for me, there are only two scenarios that can lead to a Yes result in 2014 – one is in the SNP’s hands and the other out.

There’s only so many u-turns that any politician can make while still holding onto their credibility. Just look at George Osborne’s pasty tax and charity cap about turns. However, the SNP really has to think through its insistence that it wants to hold on to Sterling and seriously consider embracing a Scottish pound. There are stark differences between Greece being part of Eurozone and an independent Scotland being part of Sterling, but it is precisely the wrong time to hope that you’ll get a fair hearing over how a currency union without a political union will work from a particularly risk-averse Scottish public.

A Scottish currency itself wouldn’t be risk free of course, but it sits happily and more persuasively alongside the very notion of Scottish independence and boosts the SNP’s radical credentials at the same time. I mean, picture the Braveheart-esque scene:

Salmond: ‘It’s the anniversary of the Battle of Bannockburn and now it’s our turn to fight for our freedom!’

Nationalist hordes: “Yeeee-haw. Let’s get intae them!”

Salmond: ‘But we’ll be keeping the British currency…’

Nationalist hordes: ‘Ye whit?’

I just don’t see it myself. Sweden and Norway do perfectly well with their own currencies, and Ireland and Greece clearly wish they’d kept their punts and drachmas. There may be early difficulties in balancing a relatively large debt burden while trying to build up an oil fund, but I can’t imagine an historically strong Scottish economy with great forecasts into the future would attract punitive borrowing costs, despite its small size.

The alternative, sticking tight to Sterling, would see the SNP sleepwalk into a No result, possibly with the awful aftertaste that they never really gave the referendum a right good go.

The other game changer that could see a dramatic increase in support for a Yes result is a referendum on UK involvement in the EU. European integration may yet develop at a dramatic pace over the next couple of years despite a solution to the Eurozone crisis still seemingly a long way off. That solution is surely either political union or everyone back to their national corners (and currencies). A European political superstate with the Eurozone nations at the core would see the UK even more marginalised than it currently is and, with a whopping 83% of grassroots Tories wanting an in/out referendum and UKIP steadily gaining ground in polls, who is to say that that referendum won’t be sooner rather than later.

I wouldn’t want to overstate how pro-European Scotland is, but for us to be outside of the European Union, as an independent country or as part of the UK, is simply unthinkable and surely theoretically a strong reason alone to vote Yes for many Scots.

However, Alex Salmond cannot put up with getting slapped around by Johann Lamont for too much longer and there are too many Nats who believe Sterling is best for Scotland simply because Salmond said so. The rhetoric and waffle needs to be replaced with hard facts and convincing detail, underpinned with ambitions for a truly independent currency. Anything short of that and the SNP will just have to hope for a miracle, or a EU referendum before 2014, whichever is more likely.

Yes Scotland!

Tell you what, nothing fires you up to vote Yes to independence than an actor reading out a transcript from Shcotland’s favourite tax exile.

Ok, that’s it, cynicism out of the way. And anyway, the nation’s media have the cynicism cup running over what with their gritted teeth reporting of today’s Yes Scotland! event, from what I could glean on Twitter today at least. Suggesting a PR-disaster because Prometheus happens to be out with a strapline of ‘the beginning of the end’ or some such had to be one of the lamest takes on today’s proceedings.

The catcalls that this was Scotland’s z-list of celebrities was in equal parts childish and mistaken. Brian Cox, Liz Lochhead, Denis Canavan, Tommy Brennan and Alan Cumming et al all taking to the Cineworld stage and explaining their reasons for declaring their Yes votes is a significant contribution to the independence debate. Sure, today was glitzy and ultimately a bit hollow but as the counter ticks over with real people signing up to this declaration to vote Yes in Autumn 2014, there will at least be a sense of a momentum building towards an end result of Salmond’s choosing. That said, I don’t really follow the First Minister’s logic that one million declared Yes votes will deliver a Yes result at the referendum itself.

I am also concerned that this is very much preaching to the converted. Will any floating voters be turned by today’s events? Probably not, there’s plenty for proponents of independence to be gloomy about given the Yes camp seem stuck on 33% support for independence, according to a poll out today (with a biased question according to James Kelly).

However, today wasn’t about winning over the electorate, there’s plenty of time for that and the undecideds will probably wait till the last few weeks before breaking one way or the other. Today is about making some noise and building a base for the SNP + friends to push on from, creating a team that will knock the doors and make the calls that will outpower the opposition. I’m not at all convinced that an equivalent Yes Britain (or No Scotland?) coalition would yield the same zeal and volunteers as today will, though surely something will have to be cobbled together by Darling and Goldie etc at some point down the line to show a united unionist front. Perhaps the Cameo is a more suitable location for an event with some otherwise incompatible walk on parts? Glibness aside, today isn’t a game changer but it shows what one side is able to do whereas the other side can’t. Yet, at least.

As it is, the SNP, the Greens, the Socialists and quite a few Old Labour personalities make for an interesting alliance at this stage of the referendum campaign. Out-labouring Labour may well remain the SNP’s best chances of success in two years’ time, given the political Tory cross-dressing that Ed Miliband will have to do in order to win the 2015 Westminster election, arguably his highest priority, even over keeping Britain together.

Getting a left wing alliance behind a single declaration is a simple straightforward move that may builder a broader alliance. So what is this declaration:

“I believe that it is fundamentally better for us all if decisions about Scotland’s future are taken by the people who care most about Scotland, that is, by the people of Scotland.

Being independent means Scotland’s future will be in Scotland’s hands.

There is no doubt that Scotland has great potential. We are blessed with talent, resources and creativity. We have the opportunity to make our nation a better place to live, for this and future generations. We can build a greener, fairer and more prosperous society that is stronger and more successful than it is today.

I want a Scotland that speaks with her own voice and makes her own unique contribution to the world – a Scotland that stands alongside the other nations on these isles, as an independent nation.

It’s a bit happy-clappy to be fair. There’s nothing in the above that will lance the potent arguments about the Greek Euro issues directly undermining the SNP’s stance of a currency union with no political union, for example. Furthermore, Scotland is already greener and fairer under devolution and there can be no assurances that we’ll be more prosperous and more successful when independent, given that is simply a leap of faith.

The devil is in the detail but the saving grace is the last line. Seeing Scotland standing alongside other nations on the world stage will, I believe, bring untold benefits to Scotland’s ambitions, its confidence and its collective self esteem, which is why I had no hesitation in signing up to the pledge earlier today.

Why is Scotland’s constitution off the agenda?

It might seem like an odd question. Isn’t that all we’re going to be talking about for the next 880 days? The trouble is we’re only talking about whether Scotland should be an independent state. And that’s really only the most basic issue. If the essay question says “discuss the American Constitution”, just writing “um, they’re independent?” gets you precisely zero marks.

The UK currently has no single codified constitution – although the Scotland Acts and the Parliament Acts are regarded as constitutional documents, and some would argue, so too are even famous commentaries on the constitution. Assuming an independent Scotland improves upon this unclear arrangement, a few key questions arise. Who drafts the constitution and when? Who approves it and when? What does it contain and how can it be modified?

This isn’t some dry set of issues for constitutional academics. The answers to those questions, plus the text of a final constitution itself, would determine how decisions are made in an independent Scotland, potentially in broad terms for generations to come. Although what decisions are made is the policy arena, not the constitutional one, the two  interact powerfully as well. A constitution that enshrines tough rules on access to government information will tend to make decisions on the assumption they will be properly scrutinised, for example, while one that retains the hereditary principle will tend to protect vested interests.

In an ideal world, we would have a government committed to popular control of the whole process, something I made an argument for almost a year ago, involving the Scottish people in the process before the vote, so they have their say on the question, the offer, not just the answer. That looks like it’s not going to happen. In fact, the SNP already know what the constitution will be, because they wrote it almost a decade ago. The full (short) text of their Constitution for A Free Scotland is here. I’ve been unable to track down a 2011 version referred to online, so that’s the best I’ve got to go on.

And it’s dire. It describes a Scotland I do not wish to see birthed in October 2014. The hereditary principle is enshrined, for a start, lumbering us with “Queen Elizabeth and her successors“, and as head of state she “shall be responsible for the exercise of all lawful governmental functions in Scotland” upon the advice of Ministers. If Parliament doesn’t pick a First Minister, that power then also lies with the Queen, who can choose to dissolve Parliament instead if she likes. Really? Even to authors writing in 2002 should that not have felt about a hundred years out of date?

Article II paragraph 7 also requires every single tax-generating power to be renewed every eighteen months. It’s a Taxpayers’ Alliance wet dream – the argument for every tax on income, wealth, sin or profit has to be won again every cycle.

It’s also totally out of date, even in terminology. The Presiding Officer is described as “the Chancellor of Scotland” for purposes of regency. I said “First Minister” above, but actually we’re to replace that with “Prime Minister“. Maybe, but I’m not sure there’s a need. A by-election is required to fill a vacancy at Holyrood, irrespective of whether it’s for a list or constituency MSP – have our unelected constitutional framers decided to move away from the current electoral system, which, it should be noted, was already in use when this bizarre document was drafted? Actually, they don’t specify the form of PR to be used. That’s up to the Government. Perhaps you find that reassuring. I do not, given the shocking ballot-paper fiddle Westminster Labour imposed on Holyrood in 2007.

And many other key decisions are taken for us. Should we have a second revising Chamber in an independent Scotland? The framers say no. I’m relatively neutral on the subject, depending on the other structures around the main Chamber. But shouldn’t that be something considered by more than a few high heedjins of the SNP behind closed doors? Likewise, do we really want to see judges appointed for life?

Or a Scotland which permits the death penalty during war or during imminent threat of war? Is this brave new nation of ours to be one where the rights conferred by the constitution can be ignored if the purpose is the imposition of “restrictions on the political activities of aliens“? I repeat, this constitution would permit restrictions on political activities only of “aliens“. A list of other exemptions also apply to these protections, including “the prevention of crime or civil disorder“. There would be no limit, effectively, to a Blair/Brown-style disregard for civil liberties, and any protest whatsoever could be clamped down upon in the name of public safety or order.

Bulmer’s admirable and constructive 2011 paper “An Analysis of the Scottish National Party’s Draft Constitution for Scotland” flags up a series of other problems. There’s nothing in this bizarre tract on parties, the impartiality of the civil service, or votes of confidence, and Bulmer also raises concerns about the ability of Ministers to interfere with the electoral system. Across the issue of the appointment and removal of “Prime Ministers”, he notes that “the draft Constitution appears as a retrograde step when compared with the Scotland Act“.

Overall, Bulmer says, “the draft Constitution appears not only much less radical than at first sight, but also much less technically competent that it ought to be“, and inherits much from the first draft, written in 1977, when “much of the work was done by small groups of friends in late-night whisky sessions“. That might be understandable in the 1970s, when independence was quite the cranky fringe project, but times have changed, and as Bulmer says, “fewer excuses can be made for the 2002 version. The draft Constitution reads as if the Claim of Right, the Scotland Act and the Consultative Steering Group, had never existed.

The general problem here is that this is the kind of dross people cook up when the public aren’t involved. And it doesn’t have to be like that, even at this stage, despite the year the SNP majority government has just wasted, including on a limited consultation that didn’t touch on any of these issues.

There’s still time for a commitment to an open Iceland-style constitutional process. A pledge that a successful yes vote will not just lead to Scottish Ministers haggling with UK Ministers, it’ll lead to the Scottish people being asked what kind of new and, dare I say it, better nation they want to live in. A promise that they’ll get to ratify their work in another referendum, something that wouldn’t have been necessary if the last year had seen Ministers launch an open and participatory process, rather than another top-down elite project. If time isn’t found by the SNP leadership to make those basic commitments they will instead make a wide variety of rods for the collective backs of those of us who are committed to genuine independence.

Every time a member of the Yoonyonisht Conshpirashy finds themselves on a doorstep with a waverer, this approach gives them a perfect excuse to pour the voter’s worst fears into their ears. “Want the Queen? Don’t want the Queen? The SNP aren’t giving you a choice. It’s take it or leave it. Want to see an open constitutional process? Forget it. They don’t trust you. It’s a pig in a poke.” That’s the sort of poison this approach hands the defenders of the unaccountable and apparently unreformable Westminster system. In fact, as my esteemed colleague Aidan pointed out to me, is that any switch from the Queen will in fact be harder if a first referendum of the SNP’s preferred sort has been won, predicated as it appears to be on retaining the hereditary principle.

Instead let’s open the doors and let the people in. This is an extraordinary opportunity, most likely the only one I will see in my lifetime. We should have the chance to create a Scotland fit for our ambitions and our optimistic imagination, yet if there is no change of tack then that opportunity risks foundering on the arrogance of this SNP administration.