Archive for category Environment

The anatomy of a referendum, and the messy consequences of cutting off your nose to spite your face.

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I am currently writing a doctoral thesis on the dyanamics and strategies of environmental debate in Sweden, a land popularly assumed to be a paragon of environmental virtue. This is a belief apparently held by the Swedes themselves, as illustrated by their somewhat smug showing in Doha where they failed to mention the motorway the size of the Channel Tunnel they are about to build in Stockholm.

A particular area of interest is the referendum on nuclear energy which took place in Sweden in 1980, following the narrow election of a Centre-led government on a wave of anti-nuclear sentiment. As I sit here in the archives of the national library of Sweden shifting through media footage the narrative presented is all too familiar – institutionalised parties unable to accept that the will of the people may be different to their own agenda, dubious claims and character assassinations and an ultimately unsatisfactory outcome. It could quite easily be Scotland in 2013.

The Swedish referendum offered three choices, each embodying a respective ethos of social utopianism (No to nuclear power), realism (Nuclear power isn’t great, but let’s keep the power stations we have so we can carry on as now), and economic necessity (If we get rid of nuclear power the economy will collapse and your children will all live in third-world poverty).

If the third one sounds particularly familiar it is because that is more or less the same ethos adopted by the BetterTogether campaign. Things might not be optimal at the moment, but imagine all the potential bad things which could happen if you chose to change the situation.

The campaign itself was not that surprising, and it was eventually won narrowly by the middle line, in part because of the phenomenal weight of the Social Democratic Party who decided that it was the desired outcome. They successfully combined their campaigning power and a successful synthesis of the Yes and No arguments to win a substantial share of the vote. A similar tactic is being taken by BetterTogether, telling people that they understand the desire for more self-governance in Scotland but that such an outcome is achievable via a No vote without the risks and uncertainty’s of independence. In both cases the campaigners possessed the luxury of not having to specify a post-referendum course of action beforehand.

And therein lies the really interesting thing. The outcome of the Swedish referendum led to the birth and subsequent growth of the Swedish Green Party, now the third biggest party in parliament, and exposed a falacy in politics – namely the idea that there is a straight ideological dichotomy between left and right. It illustrated that the interests of large social-democratic parties which aim to reflect the experiences of normal people do not always do so, and the Swedish Green Party pioneered a kind of leftist liberalism which capitalised on a lack of faith in the institutions of state, red or blue, which had passed down judgement from on high. What was disquieting for the Social Democrats was that a large number of people abandoned the party after feeling short-changed by a lack of internal debate. It illustrated a cynical failure of leadership structures and showed that the kind of campaign tactics traditionally used by the behemoths of left and right are not suitable when the topic of discussion is anything other than their bread and butter.

The SNP, whilst obviously being a political party, is a broad church which encompasses many different types of people from centre-right Celtic-tiger growthers to leftist social democrats, nominal greens and a smattering of cultural nationalists. The party exists, to all intents and purposes, to fight for a yes vote in the referendum. The big problem with the BetterTogether campaign is that none of the parties participating were set up to fight such a referendum. By aligning their political identities completely with a fairly inflexible unionism they are putting square pegs in round holes and are unable to coherently argue for unionism, in part because discussions of Scotland’s constitutional future are taboo-laden. Rather than developing arguments for a union the No campaign relies on attacking the unknowns of the Yes campaign. This is perhaps a surefire way of winning the referendum if people can be made to err on the side of mediocre caution, but in the long term it may well be to the detriment of current political allegiances.

What people conceive of as Scotland is changing rapidly, and this is something which the SNP have capitalised on. Young and fragile it may be, but there is now a distinctly Scottish political discourse which the Labour party and the Conservatives have ignored entirely. Since Scotland ceased to be a collection of local councils with a unique legal system and became a concrete polity, both civic and political life have undergone a process of conceptual transformation. The SNP are by no means the instigators, nor are they the sole beneficiaries of this change, but they have been able to much better understand how people think, rather than telling them how they think. The cleverest move pulled by the SNP has been the name change from Scottish Executive to Scottish Government. This has permeated every aspect of public life and consciousness. In a state where government is customarily used to refer to national parliaments, it was a masterstroke. There are no longer meetings between the British Government and Scottish Executive, but between the Scottish Government and the British Government. Anyone looking to be in charge must govern Scotland rather than just administrate.

This does not mean that the SNP are in any way right in all their policy, but on the issue of the referendum they have a coherent ethos, one which says that they are governing and that increased power is in the country’s best interest. The No campaign’s parties are unable to align their political program with their referendum stance.  Between Yes and No is a realm of possibility, asking for somebody to fill it with a genuine vision for the way forward which reflects the needs and desires of Scotland’s citizens. The bottom line is that Scotland will never be the same again, and even if Scotland should remain part of the United Kingdom, there must be room for a less dogmatic unionism which is grounded not in the belief of what is but in a desire for what can be.

Heaton-Harris and Delingpole referred to Northants police for possible breach of electoral law

The Guardian’s splash today is eye-catching. Greenpeace, masquerading as the gloriously named Windefensible (shades of Chris Morris’s Nonce Sense), covertly recorded Chris Heaton-Harris MP making extraordinary admissions.

He set out a covert plan to pretend to run the Telegraph’s science-denial correspondent James Delingpole as a candidate, only to have him withdraw before putting his nomination in and to endorse the Tories. This scheme was designed to mislead the electors of Corby and to skew Tory party policy, and Delingpole played his role perfectly.

On one level, it’s funny, and they got caught before election day. On another, though, it’s extremely serious and potentially illegal.

The fact that Delingpole didn’t file doesn’t exempt them both from electoral law, especially Heaton-Harris, who as the Tories’ agent is effectively acting with the party’s authority.

How can a candidate be involved in electoral fraud when they don’t stand? Before we come to the law, the principle isn’t hard to understand. Let’s do a totally hypothetical example. Let’s say a leftish party of government faced a by-election after becoming involved in a war. If their rightwing opponents faked up an anti-war candidate to attack the government candidate from the left (in a way they couldn’t themselves, assuming they supported the war) that could be assumed to depress left turnout for the government candidate. Conversely, the governing party in that example could fake up an anti-war candidate, then have them fold just before nominations closed and get them to endorse the leftish candidate.

It’s fraud, essentially.

I’m no expert in electoral law, but there are at least two other offences potentially involved here, both as part of the 1983 Representation of the People Act. Were any donations made to Delingpole’s campaign by Conservatives? Section 71A on the control of donations may apply here if so. More obviously, Section 107 covers the “corrupt withdrawal from candidature”. Beyond that, false statements may have been made under the terms of Section 106, the section Phil Woolas was convicted under.

Update: it’s been pointed out to me by legal blogger @loveandgarbage that §118A of the 1983 Act confirms that a person becomes a candidate for the purposes of the Act no later than “the day on which he is so declared by himself or by others“, which Delingpole has clearly done, and is not dependent on the filing of nomination papers, payment of a deposit etc. That exposes Delingpole to far more of the Act’s restrictions, and may broaden the offences that need to be considered.

Anyway, I’ve asked the local police to sort it out. Letter below.


Hello all at Northants Police,
I note the Guardian’s cover story today about the covert arrangements between Chris Heaton-Harris MP, the Conservative Party’s agent in the Corby by-election, and James Delingpole, Telegraph columnist and putative candidate. I’m sure you’ll be familiar with the article and the film it’s based upon, but if not, it’s here: http://www.guardian.co.uk/politics/2012/nov/13/tory-mp-corby-anti-windfarm-film

It appears that both Mr Heaton-Harris and Mr Delingpole may have breached electoral law, including potentially sections 71A and 107 of the Representation of the People Act 1983. The former covers control of donations to candidates (depending on whether the donations mentioned were actually made to Mr Delingpole), and the second covers corrupt withdrawal from candidature.

Further offences of dishonesty may also have been committed specifically by Mr Heaton-Harris by his support for an apparently competitive candidacy, a candidacy we now know to have been devised by Conservative members and activists in order to skew both the election and party policy (the latter intention not being covered by electoral law).

Please can you let me know what action you might take with regard to these potential offences?

Yours
James Mackenzie

What if Scottish Ministers were as ambitious as the Welsh?

When the Welsh Assembly and the Scottish Parliament were set up, there was a substantial gap in their powers in Scotland’s favour. The Welsh administration couldn’t pass primary legislation before last March’s referendum, and even the Assembly name was second-tier, akin to the second-tier devolution Scotland voted for in 1979.

And yet there are issues where this notionally weaker body has forged ahead of the Scottish Government. In 2000 a Lab/Lib Dem coalition banned GM crops, but two years later a Scottish Executive of the same colour ignored a vote at Lib Dem conference and went ahead with plantings.

Today sees the now Labour-only Welsh Government take another step ahead of Scotland with what looks potentially like a massive switch in transport policy in favour of walking and cycling, just as Scottish Ministers plan to head in the opposite direction by spending billions on duplicate road capacity.

As a supporter of independence I’d like to see Scottish Ministers flexing every muscle they have to improve this country using the powers devolved already: that’s the best way to demonstrate the need for the full powers of an independent nation. So why are Welsh Ministers better at doing that than Scottish ones?

Devolution Beached

On Monday, the Scottish Affairs Committee published its report into the Crown Estate in Scotland, recommending the devolution of Crown Estates Commission’s responsibilities for and ancient rights over Scotland’s coastline, firstly to Holyrood with the intention of further devolution to local communities.

Gaining control over Scotland’s foreshore and seabed is certainly not a trifle: this move gives Scotland powers over a vital economic sector. Currently, the Crown Estates Commission holds gems like mineral and salmon fishing rights, while renewable energy projects like wind farms and offshore gas storage facilities on Scottish Crown Estate is projected to generate an annual sum of £49m by the end of the decade. Meanwhile, it acts like an absentee landlord or tax collector, doing little to re-invest to any significant extent in the sectors and communities from which it derives income.

Interesting then, that Ian Davidson, Chairman of the Scottish Affairs Committee, dismissed the Scottish Government’s demand for the devolution of powers over the Scottish Crown Estate back in November as “entirely vacuous”, telling Linda Rosborough, the acting director of Scottish Government agency Marine Scotland, that “Asking for power over the Crown Estate without having any idea of what you do with it is a position that seems entirely vacuous.”

According to The Scotsman, Rosborough advised that the Scottish Government would only bring forward detailed proposals for its Crown Estate plans and hold a consultation if Westminster agreed to devolve the powers. Pretty standard, and Davidson should know that. Forgive me if I’m wrong, but I don’t think the new powers devolved to Scotland in this week’s Scotland Bill, like tax and borrowing powers, air weapons, drink driving and speed limits needed extensive consultation in Scotland prior to the agreement being made.

Land reform is one of the best things to come out of Scottish devolution, especially local measures like community right-to-buy. I think it will hopefully be improved under this Scottish Government, with Roseanna Cunningham announcing an intention to review and improve the legislation within the year. It’s abysmal that the Crown Estate has failed Scotland since devolution: failing to account for Scottish rights and assets. It is entirely right that these powers are devolved to Scottish communities, but it should not have taken Westminster more than a decade to give Scotland’s coastline back to Scotland.

Davidson might have had to conclude that the Crown Estate Commission should no longer be the body responsible in this case, but for proponents of devolution as Labour MPs should be, the transfer of these powers should be both obvious and necessary. It’s disappointing that Westminster appears to be begrudging handing Scotland powers, just because they fear it might in some way help the independence campaign. If you really want to oppose independence, diminishing devolution which Scottish communities need and from which the economy benefits is certainly not the way to win.

SNP insists rUK Green Investment Bank should be located in independent Scotland

A contender for the hollowest of arguments coming out of Holyrood, possibly not just in this current term but in the Parliament’s history, must surely be the SNP’s calls for the UK to locate its Green Investment Bank in Edinburgh. Marco Biagi, MSP for Edinburgh Central, has reiterated those calls over the weekend.

What makes the argument particularly empty is the seeming unwillingness on the part of the SNP to directly address the elephant in the room about this decision, the fact that Scotland may well not be a part of the UK in a few years time.

I enjoyed a bit of Twitter back and forth on the matter on Saturday evening with Marco as follows:

Stepping back for a moment to consider what this Green Investment’s Bank’s purpose is, we have the following statement from the main Government site on the institution:

The UK is to set up the world’s first investment bank solely dedicated to greening the economy.

The initiative is part of the Government’s commitment to setting the UK firmly on course towards a green and growing economy, while also delivering long-term sustainable growth.

This transition to a green economy presents significant growth opportunities for UK-based businesses, both at home and abroad.

So it’s pretty clear that this is a UK bank then and not an international or EU body.

Timelines:

The Green Investment Bank project will evolve over three phases:

UK Green Investments – From 2012 until state aid approval for GIB is granted, BIS’s UK Green Investments project will make direct investments in green infrastructure projects
Establishment – GIB will be established as a as a stand-alone institution following state-aid approval. It is expected that state aid approval will be granted in spring 2013.
Full borrowing GIB – From April 2015, the GIB will be given full powers to borrow, subject to public sector net debt falling as a percentage of GDP and further state aid approval being granted.

So investments/establishment and full borrowing will straddle the date of the independence referendum and there is no way of knowing, at the time when the bank is getting up and running, whether Scotland will be a part of the UK or not by the time the Green Investment Bank gets going. Who in their right mind would start to build such a bank north of the border?

Marco’s argument seems to be that the Prime Minister of rUK should hire foreign Scottish bankers to run an rUK bank, just because a significant amount of local green energy potential happens to be in Scotland. By this same logic, Cairn Energy shouldn’t be based on Lothian Road in Edinburgh but should be hiring Indian and Greenland accountants to run its finances and head office operations outside of Scotland.

It is at best fanciful and at worst hypocritical to argue for a UK institution to sit within Scotland while simultaneously arguing for Scotland to leave the United Kingdom and be a separate country.

Granted, as pointed out on Twitter above, it is possible for the Green Investment Bank to be adapted into an IGO if Scottish independence was to go ahead but that is such an awkward argument to make against the backdrop of the coming referendum that it surely won’t carry much, if any, water. ‘Say no to UK’s nuclear weapons (but Yes to their Green Bank)’ does not a catchy slogan make.

When this approach is compared and contrasted with the Scottish Lib Dem argument that Scotland is stronger within the UK and that this Green Investment Bank should be in Edinburgh, with its £3bn+ of investment, it is clear that there is a distinct lack of cohesion. It is also, incidentally, a shame that party differences and looming elections seem to be preventing the SNP and Lib Dems from working together on this one.

Marco’s been sent out to bat on this one and he’s doing so manfully despite a very sticky wicket indeed. Fair play to him but I’m afraid I am not buying this approach from the SNP at all and far from it being a case of standing up for Scotland, it strikes me as being a quick way of undermining one’s argument in favour of independence and appearing really quite dishearteningly disingenuous in the process.

I guess disingenuous trumps irrelevant when it comes to fighting to get involved in such a key UK decision that affects the important Scottish areas of environment, banking and employment.

Scottish independence and a UK Green Investment Bank based in Edinburgh are an either/or situation that may even end up proving to be neither/nor. If the SNP was serious about having this bank in Scotland, it would be holding its referendum sooner rather than later.