The SNP’s strategic problem is that independence equals austerity

For much of 2010 a barrel of Brent crude oil sold for under $80.

Graphic from Nasdaq
Graphic from Nasdaq

Then it started to take off, so that in early 2011, it reached $125. Around this time, perhaps not coincidentally, the Scottish National Party (SNP) achieved a stunning victory in the Scottish parliamentary election, allowing them to govern on their own, in spite of the proportional voting system. In the following three years the oil price held at around $110, and it seemed quite reasonable for the SNP to assume that prices would stay there for its financial projections for Scottish independence for the referendum in September 2014. But by the time that referendum was held the price was in free fall. And, again perhaps not entirely coincidentally, the SNP lost the referendum. Now Brent crude trades at under $50. It may be stuck there for some time. Hold that thought in your mind; it is the most important thing to understand about Scottish politics. Scottish nationalism has always been closely linked to oil.

After reviewing the fortunes of each of Britain’s major parties after their Autumn conferences (and one minor one: my own Liberal Democrats) it is the turn of the SNP. Notwithstanding the loss of the referendum, the SNP’s dominance north of the border looks complete. The only way from here seems to be down, but when, on earth, is that going to be?

Commentators on Scottish politics from London, of which I’m one, are notoriously bad at understanding Scottish politics. As, indeed, are English politicians. But surely the same laws of physics apply on both sides of the border? We must try to understand what is happening, and where things might go.

First we need to understand how the SNP achieved its dominance. Nothing could be sillier that the narrative I have heard put about by English leftists that the SNP achieved its success through tapping a popular, anti-establishment mood, and in particular anger at “austerity” to become “a broadly based social democratic party” as one article put it. This is silly not because it is entirely untrue, but because it is so  incomplete that it might as well be. The SNP has achieved its success because it has convinced Scottish voters that it is the best party to look after their interests. This is not based on any particular policy stance, but through an appeal to national identity.

First they destroyed the Conservatives, who used to be a  major force in Scottish politics. They were aided in this by the complete ineptitude of successive British Prime Ministers, Margaret Thatcher and John Major. They managed to make the English look like an occupying power. The SNP were nicknamed the “Tartan Tories” by Labour, because of their appeal to right of centre voters. Their leader of the time, Alex Salmond, sounded distinctly neoliberal, with his wish to turn the country into a corporate tax haven, like Ireland.

But Labour fared better. In New Labour days, that party’s domination of Scots politics started well. The party delivered devolution and won the first two Scottish parliamentary elections, governing in coalition with the Liberal Democrats, who also performed respectably. It no doubt helped that one of New Labour’s architects, and its second Prime Minister, Gordon Brown, was very much a Scottish MP. But doubts were raised about the party’s commitment to Scotland. Its best politicians seemed much more interested in pursuing a career in Westminster than in Holyrood. The party struggled to find a convincing leader after Donald Dewar, Scotland’s first devolved First Minister, died in 2000. Labour’s Westminster “strategists” (as politicos like to call their tacticians) took Scotland for granted. The party’s seats in Scotland were mostly quite safe; there was little understanding of how to handle political competition.

The first cracks showed when Labour lost the Scottish elections in 2007 (by a single seat), allowing the SNP to form a minority government. But the party would not, or could not, understand the implications of giving the SNP such a lift in credibility. After all, Labour did well enough in the 2010 British general election in Scotland. But they should have understood the strategic implications when the party fared badly in Scottish elections of 2011, allowing the SNP to achieve that majority, and a mandate to hold an independence referendum. Labour continued to flounder. To be fair, the party was facing such deep strategic problems after losing power in Westminster in 2010 that it was difficult for them to do other than paper over the cracks and hope for the best. The party’s lack of political skill in Scotland, however, became evident to all in its incompetent leadership of the referendum campaign. The party really seemed to be only about providing careers for talented politicians in Westminster, local jobs for the others, and no use to Scots voters at all.

The SNP, of course, managed to use the referendum to generate a surge of interest in an optimistic brand of politics based on Scottish identity. Its leaders then made a brilliant switch. Mr Salmond stepped down as leader, and handed over to his deputy, Nicola Sturgeon, who had the reputation of being more left-wing. Ms Sturgeon duly turned the focus onto Labour voters. She used the mantra “austerity” in her messaging, to demoralise Labour activists, fed up by their leadership’s more careful line on economic policy. Labour collapsed to just one seat in Scotland (the same as the Lib Dems and the Conservatives) in May’s British general election.

The Labour left hoped that  Jeremy Corbyn’s ascent to the Labour leadership, amid a tide of new members, and his supposedly refreshing brand of “straight-talking, honest politics”, would change the party’s fortunes. Alas no. Scots voters deserted Labour because the party was useless to them. The party has merely turned itself from one form of uselessness to another. A chaotic debating society more interested in policy than power is not an improvement. The next Holyrood election is in 2016. Everyone expects the SNP to increase their majority, mainly at Labour’s expense (the Lib Dems were already crushed in 2011; the Tories have quite a robust core vote).

A further departure from the London lefties’ idealisation of the SNP is that the SNP conference was as far cry from the “new politics” they espouse. The Observer columnist Andrew Rawnsley said that it reminded him more than anything of a Conservative conference under Mrs Thatcher. The SNP are ruthless politicians, managing their message with discipline, and extending their hegemony to as many parts of Scottish life as they can. There is no open debate of party policy. This is not good for the quality of government there, but the party can and do blame any problems on the Westminster government. The SNP’s record is not all bad, though: the Scottish economy is more buoyant than any other part of the UK outside London and the English South East. Whether that arises from the SNP’s neoliberal tendency, or from its social democratic one, probably depends on who you talk to.

The SNP’s successful discipline arises from a clear, unifying purpose: their quest for Scottish independence. And therein lies their biggest strategic problem. That $50 oil price. That leaves little left to tax. It causes collateral damage to the oil industry based in Scotland.  It makes much of remaining oil beneath the North Sea unviable. This knocks a huge hole in the SNP’s economic plans for independence, which handed out goodies to all interested parties.

The low oil price is a product of America’s shale revolution, and increased energy efficiency. Meanwhile Iran will re-enter that oil market, and demand from China is tailing off. That $50 price could be around for quite a while. The “peak oil” theory is dead and buried. There is no sign that the SNP have any idea how to plug the gap in their plans for independence between $50 and $110.

And here’s the thing. In spite of this price collapse in oil, the Scottish economy is performing well. It is diversified, and the non-oil bits are doing taking up the slack. The tax revenue damage is being taken by the UK as a whole, which unlike Scotland would be on its own, is big enough to absorb it. You could not have a better illustration of why the Union makes such good sense for Scotland. It acts as a wonderful economic shock absorber. And, as Greece and others have shown, joining a currency union does not solve this problem. Before long, Norway will be providing a clear illustration of the challenge an independent Scotland would be facing. Independence means austerity.

Ms Sturgeon used the conference to manage down her party’s expectations of a second referendum soon. But with a low oil price and deteriorating demographics 2014 may have been their best shot. Unless Britain is mad enough to vote to leave the EU, the case for independence will be more difficult to make in future. It will take some time before the penny drops. But surely the SNP’s days of hegemony are numbered?

But for their different reasons, Scotland’s other parties are unable to exploit the SNP’s strategic weakness. Paradoxically, though they may have won the argument on independence, it may not help to make too much of their unionist views.  Just as England’s middle ground voters are not averse to austerity, Scotland’s middle ground clearly prizes its national identity, and isn’t scared of independence talk. Perhaps the tactic should be to concede the idea of a future referendum, especially in the absence of a proper federal settlement. That might clear the field to examine the SNP’s actual record. But that might take a higher calibre of leadership amongst Scotland’s opposition parties. For now the SNP does not face a serious challenge.

The post-referendum Hall of Shame: Cameron, Salmond, Farage, Miliband

Normal politics has been on hold for the last weeks of the Scottish referendum, as nobody from south of the border wanted to rock the boat. But that phoney war is well and truly over, as the party leaders and their followers have pitched in with a free-for-all on the previously little discussed subject of the UK constitution. It is a pretty unedifying spectacle, which demonstrates why politicians in Westminster (and Holyrood for that matter) aren’t trusted by the public. But some are behaving much worse than others.

First place in my Hall of Shame goes to our Prime Minister, the Conservative leader David Cameron. The ballot papers had not been fully counted before he launched into a manoeuvre designed with little other purpose than to embarrass the Labour party, and to protect the more controversial parts of the Coalition government’s reforms. He, along with the other party leaders, has committed to the rapid transfer of powers to the Scottish parliament – having been arm-twisted into doing so by his predecessor as PM, Gordon Brown – who was the star of the No campaign. He then suggested that that the English should get the same rights as the Scots, on the same timetable.

There are three ways in which this is mendacious. Firstly he does not mean giving English people the same rights as the Scots. That would mean a separate English parliament and executive (or perhaps a number of regional ones). It turns out what he means is stopping Scottish MPs from voting on laws in the UK Parliament that only affect England. This may be a good idea in itself, but it falls far short of any idea of devolution of power, or, as I prefer to look at it, the empowerment of voters and intermediate levels of government. Secondly, it is well-known that this is not as simple as it sounds. There is no recognised constitutional distinction between English laws and UK ones, something which becomes particularly difficult when it comes to financing. Which taxes are English, and which are general? This problem has defeated many great minds, so any attempt to ram changes through on a tight timetable is going to end badly. Thirdly, what the Scots have been afforded is many years of deliberation, and a number of referendums, about the sort of government that they want, leading up to the independence referendum, which secured a very high level of political engagement. Mr Cameron has no intention of offering the English any equivalent level of engagement. It’s just a stunt.

What Mr Cameron is trying to do is to highlight Labour’s plan to use their Scottish (and Welsh) MPs to unpick a number of Coalition reforms on English public services, most notably the NHS. That really is all he seems to care about. We should expect more from the holder of such a high and responsible office. But with a bit of luck he will be sabotaged by his own backbenchers, who, on the whole, are more principled, even though they generally scare me.

Second place in my Hall of Shame must go to another holder of an important public office: the Scottish First Minister and SNP leader Alex Salmond. He has announced that he is stepping down, but he as eschewed this opportunity to show any kind of statesmanship. He has accused the Westminster political leaders of backsliding on their promise to devolve more powers to Scotland. This is a very tendentious reading of a very proper argument between the Conservative and Labour leaders over English devolution and the wider UK constitution. Neither have suggested that Scots devolution should be delayed – there is just a concern that these wider issues might delay things. During the campaign Mr Salmond had suggested that if the Scots had voted for independence, then the English political leaders would accept the result with good grace, and enter negotiations with a spirit of peace and light. If that’s what he expects of them, he should apply that standard to his own conduct. It is right an proper that politicians from other parts of the UK should ask how extra Scots devolution affects them. And, indeed, Scottish political leaders should take an active interest in how the UK constitution as a whole works. Scotland is a fully participating member of the UK, and not some foreign power. The First Minister should show some concern that over-hasty constitutional change will affect Scottish interests, and should be demanding a seat at the table – and not acting as if all that mattered was a few extra powers for his government. But, of course, he has no interest in a stable UK constitution, and just wants to exploit the situation to keep discontent amongst Scottish voters bubbling away.

Mr Cameron and Mr Salmond are by some distance the worst culprits. They have responsible public offices and yet are acting like immature student politicians. My next entrant in the Hall of Shame is Nigel Farage, the Ukip leader. He wants to make mischief by stoking up discontent and resentment in England over the role of Scottish MPs in the UK parliament. After a highly divisive referendum, responsible politicians should be promoting reconciliation, and not stoking up resentment. But to his credit Mr Farage is at least advocating the correct way forward, unlike Messrs Cameron and Salmond, which is a UK-wide constitutional convention to promote a measure of agreement on the the shape of the constitution.

To his credit, the Labour leader, Ed Miliband, is also promoting a constitutional convention, and one with a wide enough scope to tackle broader issues, like the House of Lords. But he needs to overcome a huge legacy of cynicism when it comes to Labour’s record on constitutional reform. In this parliament Mr Miliband talked the talk on reform of the electoral system and the House of Lords, but behind the scenes he has sabotaged both initiatives based on short-term politics. Voters may well feel that he has no more interest in promoting a fair constitutional settlement for the UK than Vladimir Putin has in promoting peace and reconciliation in Ukraine. To bridge this gap of trust he needs to give a clearer picture of the reforms Labour want, and to go along with shorter term initiatives to deal with the question of Scottish MPs. He should call Mr Cameron’s bluff, and not just try to kick the whole issue into the long grass.

But above all Mr Miliband needs to give a clear timetable for his proposed convention, and  promise a referendum on its outcome by a specific date. He must make a promise that would be hard to quietly bury. But instead he wants to change the subject and hope that all this talk of constitutional change will blow over. The Labour Party is intent on pushing ahead with the media plan that accompanies its party conference, evidently planned before its Westminster elite had an inkling that the Scottish referendum might set the political agenda. Therefore he enters the Hall of Shame behind Mr Farage.

And so we come to the last of the main party leaders, Nick Clegg, the leader of the Liberal Democrats and Deputy Prime Minister. I have been highly critical of his record to date on constitutional matters, which been misjudged and piecemeal. He has now set out his views on the Constitution. And they are very creditable. He makes it clear, as Mr Cameron does not, that dealing with wider constitutional matters should not be tangled with the issue of further Scottish devolution: it should be a parallel track, with reforms not dependent on each other. On the matter of Scottish MPs he sensibly suggests following the McKay report, which the Coalition commissioned earlier in the government, only for it to be kicked into the long grass. He correctly points out that devolution in England means devolution from Westminster – and suggests a bottom up process for achieving this (by giving local councils the right to demand powers). Finally, and greatly to my relief, he agrees with the idea of a constitutional convention – which should secure directly public participation as far as it can – he suggests a citizen’s jury. This points to an credible way forward: allowing progress on the most urgent issues, while not losing sight of the big picture. So putting him in my Hall of Shame at all would be harsh. If he belongs there it is for not being clearer about all this a lot earlier. Alas, his real problem is a lack of political clout, though. The Libs Dems are facing a number of years in the political wilderness, though I firmly believe that they will be back.

The referendum on Scotland was a near-death experience for the UK. It would be becoming for the politicians from Britain’s mainstream parties to come together with a plan for updating Britain’s constitution, and consulting its citizens as it does so. Instead the Tories are being blatantly opportunist and Labour is pretending that nothing has changed. Only the darker forces of British politics, Ukip and the SNP in particular, will benefit from this.

#indyref – now is the time for more democracy, not political manoeuvres

So Scotland voted No to independence, and by a margin of nearly 11%. That’s a big relief. A Yes vote would have ushered in three or more years of hard negotiation and uncertainty that would have served no very useful purpose. But what next? There are signs that the political elites both sides of the border are on manoeuvres. But I am backing the Electoral Reform Society’s call for a Constitution Convention. There is a link where you can sign up here – though this is confused by a focus on just Wales; I hope they get their act together o this.

The story so far. Though Scotland voted No, this was only after the main Westminster party leaders, and the hero of the No campaign, former UK Prime Minister Gordon Brown, all promised to deliver Scotland further devolution and protect their funding settlement. Some refer to this off as Devo Max – but others say it falls short of this ideal, whereby the Scottish parliament would be responsible for everything but defence and foreign relations. This promise has to be delivered – but it destabilises the constitution of the UK as a whole.

In particular the Prime Minister, David Cameron, has said that reforms must take account of English government. By this he means the problem that Scottish (and Welsh and Northern Irish) MPs vote on domestic English matters, while having no equivalent powers for their own regions. The Conservatives spy an opportunity to embarrass the Labour Party, who may depend on Scottish and Welsh MPs to deliver their party programme in England. Many Tory MPs are talking a lot of sense (for example John Redwood in the FT) – and this not something I say lightly. But opportunism is not a solid basis for a robust constitutional settlement. Most thinking is half-baked, because we have not had a proper period of deliberation on the matter.

It is right that MPs are asking about the wider constitutional settlement. But it is wrong to neglect the process of democracy. One of the energising aspects of the Scottish vote was that it involved voters in an important decision. The turnout was very high (85%) by our normal standards – securing a level of political engagement that has been most unusual. Any constitutional settlement for the UK needs to similarly democratic, even if it cannot hope to reach such heights. There needs to be a deliberative process that draws people in, a Constitutional Convention, followed by one or more referendums across all of the UK. The Westminster elite don’t seem to want this; the Edinburgh elite seem no better. They don’t want a process that they can’t control. They want a platform for point scoring, not a process of consensus building.

But these are hard questions, which are not susceptible to quick political fixes. If we don’t opt for a proper deliberative and democratic process we are in danger of lurching from one constitutional crisis to the next.

UK constitution: Westminster’s elite still doesn’t get it

“Nor do the English seem to want any kind of devolution for themselves”. Thus does this week’s Economist dismiss any chance of far-reaching constitutional reform for England and the UK as a whole. It offers a couple of tepid ideas as “promising” ways forward to relieve the tension. A committee of English MPs to vet legislation in parliament; devolving more powers to city regions in England. An English parliament or giving English regions equivalent powers to those mooted for Scotland, if it votes No, are dismissed as too difficult, in the absence of a serious clamour from the voters. I have every reason to believe that the thinking expressed in this article is typical of Westminster politicians in the Conservative, Labour and Liberal Democrat parties. If something doesn’t feature amongst the top issues that voters highlight as concerns to pollsters, it’s not worth worrying about.

This, of course, is exactly the type of short-term thinking that got them into a mess with Scotland – which may very well vote to separate from the UK this week. The politicians checked the opinion polls, and there didn’t seem to be too much to worry about. They did not have the imagination to see that the separatists would cash in on the national disillusionment with politics. They cannot understand that the current national mood gives politics an inherent instability that the normal polling will not help them with. As the public yearns for leadership, all they get is followership.

It reminds me of those doomed companies, who once ruled their world, and who thought that product development was a matter of following market research. Nokia, Blackberry or  Kodak, for example (there are plenty of non high tech examples – but it is difficult even to recall their names now). Like these doomed businesses Westminster politicians (and their many hangers on) do not want to do anything that might upset their existing ecosystem too much. Or to put the business parallel in better perspective, if Apple had followed market research, it would never have invented the iPod or the iPhone. Or IBM had to pull its existing business apart in order to survive and prosper as the world changed. Unfortunately the professionalization of politics does not make politicians immune from the same sort of progressive entombment that overcomes big businesses from time to time. There are times when it pays to be visionary and move ahead of public opinion.

Britain is lurching from one constitutional crisis to another. If it isn’t Scotland leaving the Union, it will be the UK leaving the EU. Quite possibly it will be both. The Westminster machine is quite likely to get bogged down in years of negotiation to unpick highly complex constitutional, financial and trading arrangements, which will advance solutions to the substantive problems of the economy, public services and national security not at all. By avoiding proper constitutional reform because voters don’t mention it to pollsters, they may in fact find their lives dominated by constitutional problems as a result of referendums conceded too easily.

Britain needs a new constitutional settlement to distribute political power to its most appropriate level. This means more than devolution. The word conjures the picture of a superior power throwing scraps to the lower orders. We should think of  power residing with the people, and delegated upwards to the most appropriate level – and not devolved downwards. When a US city wants to build a metro system, it just goes ahead and does it, subject only to its power to raise taxes, fees and loans. If a British city tries, it has to grovel to several central government departments for permission, with the all-powerful Treasury liable to squash the whole thing with a shrug. Westminster is prepared to tweak this system a bit, but not to change the balance of power fundamentally. When they do offer concessions for devolution, these are so feeble that they fail to command popular support.

It is time to stop the sleepwalking, and for our leaders to wake up and see what is happening to our beloved country. The English may not be agitating for constitutional reform, but if they don’t get it the country will progressively come apart.

 

As Scotland decides, the recriminations in Westminster begin

I make no apologies for the third post in a week on Scotland’s referendum next week. A political story this big is rare. This time I want to consider Westminster’s reaction to the episode. There is, of course, shock. The story has departed from its script. And with that shock comes recrimination. This sort of reaction is only human, of course – but the reactions miss the point. Britain, with its unwritten constitution, is uniquely vulnerable to this kind of sleepwalking disaster.

The most extreme reaction comes from John Major, who was Prime Minister from 1990 to 1997, at a time when the move towards devolution in Scotland developed unstoppable momentum. He is basically saying “told you so”. He said that the whole devolution idea was a mistake, as he said at the time, and it is ending just as he forecast. Well, he is right that simply devolving power to Scotland (and Wales and eventually Northern Ireland) without considering the impact on the wider United Kingdom constitution was asking for trouble. But the resentment felt by the Scots over remote rule from Westminster was overwhelming. Something had to be done in the name of democracy. Besides, devolution seems to have been a success, for Scotland at least. Outside London and the South East Scotland is the most successful region in the UK. This kind of success is about a lot more than public subsidy. No doubt the oil industry has helped, but Scotland has seen the sort of economic dynamism that is sadly lacking in other regions of the country.

But Mr Major’s is a lonely voice. Many more are saying that it was foolish of David Cameron, and the Scottish Secretary of the time Michael Moore, not to agree to Alex Salmond’s wish for a three-way referendum, with “Devo-max” as a third option. But almost nobody outside the SNP thought that a three way referendum was a good idea at the time. I personally could not get my head around it. Referendums are a blunt instrument, not suited to complex questions. The whole thing looked like a sly manoeuvre on the part of the SNP to get more devolved powers, from which to launch a future bid to independence. If they had wanted Devo-max rather than full independence, they should have negotiated that explicitly.

A third line of recrimination, and the loudest, is against the No campaign. It is accused of being lacklustre, pessimistic and negative. It focused too much on the practical problems of separation. This is true. But negative campaigning is the Westminster way. Our politicians, advised by sophisticated professionals, find negative messages more useful than positive ones when it comes to campaigning for votes. They have two basic types of strategy: one is to rally the core vote, and the other is to swing marginal voters. Nothing rallies the core vote better than distrust of the other side. And swing voters are often cautious types who make up their mind on small things. This was certainly the view of the No campaign, which went for the second strategy, sensibly given the likely high turnout. Their polling showed that it was worries about the practicalities that was bothering the swing voters – so it addressed its energies to them. Such negative tactics worked triumphantly well in the referendum on the Alternative Vote in 2011; the No vote campaign was simply doing things the Westminster way. But that left the feeling that the argument for union was hollow at its core – something that besets Westminster’s other campaigns.

Of course what the critics are unwilling to do is look at the wider picture, and recognise the vulnerabilities of the British system of government. Our highly centralised ways are bound to cause disaffection at the periphery. Devolving spending powers faster than taxation powers is not a stable solution to this: it just sets up a tension between the central government and the devolved one. And asymmetric devolution, favouring some areas over others, creates further tensions – tending to focus the tension in some areas rather than across the country.

There is a tried and tested method for containing and managing such tensions, that almost every other democracy uses. That is a written constitution, which defines the powers clearly at each level of government, and sets out clear ways of how the balance of these powers can be changed. The constitution usually has its roots in a process of consensus building at an important, nation-defining moment, giving it moral authority.

But Westminster dislikes written constitutions. It loves the flexibility of Britain’s looser arrangements, whereby Parliament adopts the powers of a Renaissance monarch, bolstered by a sort democratic myth in place of the divine right of kings. And indeed such flexibility has its advantages. But it has vulnerabilities too. The constitution becomes a plaything of ordinary short-term politics; small changes are made that create further tensions that require more short-term changes. Or some constitutional problems are deemed too difficult, and not addressed, allowing very destructive tensions to build. Devolution to Scotland is a case of the former. Devolution within England is a case of the latter. The country sleepwalks into constitutional disasters. Scottish independence is one such potential disaster; departure from the European Union is another.

It requires some kind of national shock to give momentum to comprehensive constitutional change. The referendum in Scotland, whatever the result, is a big enough shock to set such a movement in motion. Time for a Constitutional Convention.

As Scotland debates, what about England?

The referendum in Scotland is the most interesting thing to hit British politics for a long time. Last night the unionist side wheeled in former Prime Minster Gordon Brown. Mr Brown vindicated my judgement of him last week as being a cut above our current, mediocre political leaders. But how is this drama playing down here in England? After all the outcome involves us too.

The first point is that we are bit late on the game. The Scots have been arguing about the matter intensely for many months. The English, taking their cue from their politicians and media, have largely treated the matter as a foregone conclusion for the union. Only now is the terrible truth dawning. That lack of debate has left thinking very underdeveloped. But I have detected some new trends, at least in the rather non-typical, liberal circles that I inhabit.

Firstly there is envy. People in Scotland are having a real debate and vote on something that clearly matters. If they vote Yes it will make a real difference to the ruling political elite. Usually all that seems to be at stake is the recycling of the same group of usual suspects. Scottish people are talking about the country they want to be. It’s no wonder people are registering to vote and a high turnout is expected. We aren’t getting that here. And the thought of giving that elite, not just the politicians but the media pack, civil servants and lobbyists that cling to them, a bloody nose is distinctly tempting. It becomes rather less tempting when you think that it empowers an Edinburgh political elite, who, to say the least, do not look a trustworthy bunch. But that’s another matter.

The next thing is a common hope. Surely, after a Yes vote, or the near-death experience of a narrow No vote, a shake-up will follow in England? This referendum could be good for all of us. But that will only be true if a grassroots movement, from outside the Westminster elite, demands it. That is possible, though I see no sign of it yet. That movement needs something to ask for – some sort of constitutional change – but I see no evidence of the English developing enthusiasm for that. Without a grassroots movement, Westminster will simply drop back into its usual complacency.

A further response is a rather depressing one. Without the Scottish MPs the House of Commons will be weighted much more towards the Conservatives. There is a much greater chance of a referendum on Britain’s future in the EU. For many this is just the sort of constitutional change that will shake things up – even though its outcome will be to concentrate more power amongst the Westminster elite, rather than take them down a peg. The odds of the country leaving the EU will surely rise. Actually we should be a little careful here. The environment after a Scottish Yes vote will be so different that we cannot make predictions about how political attitudes will shift. The Conservatives may not find it so easy to win in the rump UK.

But what if Scotland stays in the union? The Westminster leaders are already promising the country a greater level devolution on our behalf. But they are silent about how this will affect the rest of us in England. That is no doubt because they are hoping people won’t care enough create much of a fuss. But it leaves us with the English Question. This is referred in Westminster pompously as the “West Lothian Question”, after the very pompous former MP for West Lothian, Tam Dalyell. This is no doubt their way of trying to minimise its significance and I refuse to accept this nomenclature.

The English Question is this. If Westminster has devolved powers to Scotland, along with Wales and Northern Ireland, it means that Scottish MPs can vote on a whole range of important questions of English policy, without English MPs being able to influence the same issues in Scotland (or Wales or Northern Ireland). It is a very awkward conundrum for Westminster types, because it is difficult to deal with without undermining their own power. Their typical reaction, when it is posed, it to mutter something about it being very difficult, and then to change the subject.

How might the English question be solved? There are three lines of attack The first is to somehow stop non-English MPs from voting on English matters. This is invariably the way Westminster politicians think of solving it. But it gets very messy. How do you, precisely, differentiate between English and British affairs without an explicitly federal constitution? What if the British PM does not command a majority in England? The second appraoch is to devolve powers to local governments in England. But, to be anything like equivalent to the Scots or Welsh devolution, there would need to be some kind of regional level of government. This only exists for London, though other metropolitan areas are inching towards such structures. The regions defined for European elections and statistical purposes have no resonance with public identity and are not fit for this purpose.

The third approach it to set up a separate English parliament, and English government, leaving a federal government to govern the residual issues of the UK itself. To me this looks the most promising way forward. But it raises many questions.

But the most important point for now is that there is no consensus in England about the right way forward, and the issues have not been aired enough. The next step, surely, is to convene a constitutional convention to develop proposals, which can then be put to the whole country in a further referendum or referendums. This convention could be convened either at the English level, or for the whole of the UK. The latter, of course, is the only way of dealing adequately with how a federal level of government could work, and what to do with such institutions as the House of Lords. But the big requirement is political momentum – and it may be easier to get this at the English level, and to deal with the wider consequences later. After all this whole process was set in motion by a Scottish Constitutional Convention in the 1990s.

It is, of course, unutterably depressing that our political leaders, including the Liberal Democrats leader Nick Clegg, who should know better, are not calling for such a convention. But we English should be demanding it.

 

Why neoliberals will be voting Yes to Scottish separation

Scotland votes for independence or not from the rest of the UK in just ten days time. Until now the complacent Westminster establishment, politicians and media alike, hasn’t taken the debate seriously. In the last week more opinions polls have been commissioned for the Clacton by election than on the referendum question – one reason that it is hard to tell how opinion is shifting. But the Yes campaign now seems to have the wind in its sails, and Westminster has to take the issue seriously. They are completely unready. Westminster types understand why a Scots breakaway is bad for them, but are struggling to understand why it should be bad for the Scots. Or to show that Westminster complacency has been dented by anything more substantive than temporary panic. The latest idea is to promise Scotland more devolution within the UK if it votes No; but the idea of a constitutional convention for all of the UK still seems to be off limits.

And yet there is muddle on the Yes side too. Independence supporters are making real headway with the argument that separation is the best way to preserve the Scots’ social democratic heritage. Scottish people have tended to be more left leaning than the English, and treasure such institutions as the NHS and social security. But this is under threat from “neoliberals” in Westminster, who want to shrink the state and run Scotland more like Texas. A Yes vote means No to the neoliberals.

At first sight this line of argument looks plausible. Most neutrals think that separation would be financially neutral; the extra social security transfers that Scotland gets compared to England will be made up for by extra oil revenues. This being so, an independent Scotland should have little difficulty in keeping the current level of state generosity going. And anyway, look at Sweden, Denmark or Norway, notable for very generous social security, in spite of being of similar size to Scotland.

All this follows the popularity of deciding political questions on “facts”. But there are two problems with factual analysis. First factual analysis is backward looking, when political decisions must be based on the future; second is that our usual factual analysis is based on aggregates and averages – concealing important fluctuations and details within. Both issues affect any analysis of Scotland’s future prospects.

The first point is that bigger ships make for a smoother ride. Look at northern Europe’s smaller nations, from Ireland in the west (or we could include Iceland) to Finland in the east. Their economic history of the last 40 years has been marked by deep economic crises, striking deeper than anything that the UK has experienced (Denmark may be an exception, admittedly) – even as they might experience headier booms. This rougher ride makes generous provision of state services more difficult to manage over the long term. During periods of crisis governments find it difficult to borrow and they are forced to make deep cuts.

But the Scandinavian countries have achieved a generous welfare state, haven’t they? Yes, but at the cost of much higher levels of tax. According to the Heritage Foundation, the UK tax take in 2012 was 39% of income; in Finland and Norway it was nearly 44%, in Sweden nearly 46%, and in Denmark it was 49%. Funnily enough Scotland’s First Minister Alex Salmond’s main idea for economic growth is to reduce taxes, modelling his policies on Ireland (2012 tax take nearly 31% and a weak welfare system to match). Danish welfare based on Irish taxes doesn’t add up.

But can’t Scotland just follow the Danes and Swedes and ratchet up taxes? Ignoring the economic issues with this (which these states have managed to overcome), the political tide in Scandinavia is rightwards. It seems that the higher taxes were acceptable to homogenous, inward-looking  societies where people were less worried about freeloaders – but that the pressures of a modern economy undermine that. Surely Scotland will find it impossible to recreate the conditions of a past Scandinavia;  it will be politically hard to raise taxes.

And meanwhile Scotland faces the same demographic challenges of an aging population, and rising healthcare costs, as the rest of the developed world with the added challenge of having to reallocate jobs, infrastructure and taxes as its oil resources are depleted.

Scotland faces a much more bracing climate as an independent country than within the UK. This is not a bad thing in itself, of course. It will help the Scots break out of a victim culture, where too often problems are blamed on the English. But the political movement that will most welcome this state of affairs is that despised breed: neoliberals. Independence would give them a shot in the arm. Scotland’s cherished social democracy depends on being part of a larger system of taxes and transfers that absorbs shocks more easily, and makes financing on world markets easier. Big states are more sustainable in big countries.

We need a UK Constitutional Convention and a Federal government

What happens when your normal existence comes under threat? We seem to alternate between two extremes. One is paranoia. We see this now with Jihadi extremists, where many Britons see the threat of terrorism everywhere, and are happy to vastly expand the surveillance powers of the state so that any plot can be intercepted before execution. I remember a similar paranoia over Soviet Communism in my youth, in the 1970s. But the more common response is denial. We keep going with our ordinary daily lives without thinking about it, dismissing the threat with half-baked arguments that don’t stand up to scrutiny. We see that with the threat posed by rampant global carbon emissions.

Perhaps to the  English the possibility that the United Kingdom breaks up, with Scotland ploughing its own furrow, does not have the sort of existential quality of global meltdown, communist takeover or even terrorist attack. That may be so, but we underestimate its significance at our peril. If nothing else, if the Scots vote Yes in their referendum in September, the negotiations over separation will dominate the political agenda for at least four years. The Union is so deeply embedded into our governance that separating the countries will have a host of unforeseen complications. And the complications that are clearly visible are bad enough: membership of the EU and NATO; Britain’s nuclear weapons; managing the currency; spitting the national debt; splitting oil revenues; and so on. Our governing classes will scarcely have time to do anything else, while the publics on both sides of the border will be inflamed by populists claiming that their country is getting the rough end of the deal. And at the end of it all England will be dominate nonsense of a country that can’t convincingly even lay claim to its traditional names of “United Kingdom” or “Great Britain”. It will be left with a tangle of Imperial era commitments, from membership of the UN Security Council, to responsibility for the Falkland Islands, without the joint enterprise of Scotland and the other British nations that brought these about. The loss of international prestige would be incalculable. It is often said that the loss of Ireland was the first step in the break up of Britain’s empire – the point at which Britain’s sense of confidence and authority fatally started to ebb away. The departure of Scotland would end aspirations to be even a second-rank world power, and no doubt poison the country’s politics for generations to come.

And yet the British establishment is taking this threat very calmly. People talk about the referendum here in England, but with little sense of its implications. And when conversation moves to next year’s General Election, the impact of the referendum on our politics is quickly forgotten. The half-baked argument used to dismiss such thoughts is that a Yes vote looks unlikely. But the Yes campaign has all the momentum. The No campaign depends on narrow, conservative arguments, put forward by second-rank politicians. Even if the Noes win, the threat of breakup remains. Supporters of the Union, on both sides of the border, need to recover the initiative. There is no more important issue in British politics.

Let us try to understand were the threat is coming from. It started in the 1970s as North Sea oil was discovered, and gave the Scots a sense that their country could be economically prosperous, even as industrial decline blighted it, along the rest of the UK outside the southern counties of England. The establishment response was Devolution: the setting up of a separate Scots parliament, to which progressively more power has been given. This may have delayed the crisis, but it has not solved it. In devolved Scottish politics the Nationalists field their best politicians against those of the unionist parties of second and third rank. An ambitious Scots politician who belongs to the Labour, Liberal Democrat or Conservative parties seeks to get elected to the Westminster parliament to make his or (less commonly) her career there. Here they happily take a hand in running England’s affairs. Gradually the Nationalists have come to dominate local politics in Scotland.  Meanwhile at Westminster one of two situations occurs: a Conservative led government is elected that the Scots did not vote for, or a Labour government which does not have a majority of English MPs. This inflames politics, especially north of the border when there is a Conservative government.

At the heart of the problem is the way in which the ruling Westminster elite sees itself. The British Parliament, with especial reference to the House of Commons, is sovereign. It secures the consent of the people at General Elections, but in between times its authority should be unchallenged. It is an evolution of the medieval and Renaissance idea that kings should be absolute rulers. Our elite becomes troubled when authority seeps away to institutions such as the European Union under treaty obligations. But it would rather not think about the idea that Parliament itself lacks the popular consent that its sovereign status implies. The Scots challenge this legitimacy openly, but increasing other British people feel it too, even if they articulate it less well.

There is an obvious solution: federalism. In a federal structure sovereignty is shared between the different levels of government. The higher levels are not self-evidently more “sovereign” than lower ones. The best known example is, of course, the United States of America. There the states are not the artificial creations of the national government, only allowed to do what the national government says. In theory it is the opposite, though in practice it is a jockeying match, arbitrated by a written constitution and the Supreme Court.

In Britain this means that you would have a federal, UK government, with a number of state governments below it. What would those states be? Scotland, Wales and Northern Ireland, obviously. But what about England? Many people, when first considering the problem, want to establish a series of new regional states in England, of approximately the same size as Scotland, in population terms. But this really doesn’t fly. That is not how the English view themselves; such localised identities could emerge in time. The great conurbations of London, Manchester, Birmingham, Leeds, Liverpool, Newcastle, Sheffield and Bristol show some signs of developing such identities. But what of the rest? Cornwall, though rather small in size, has a sharp (and non-English) identity and has a strong claim for statehood. But elsewhere it means drawing arbitrary boundaries which, even if they follow ancient identities like Wessex, Mercia or Northumbria, really won’t work. That is not how modern England is.

The English state would have to be England itself, with maybe only Cornwall separate. That presents some big problems of its own, of course, but I think these are more soluble than muddling on as we currently are. I will only say that the critical thing is for the seats Federal and English parliaments should be located in different cities. Only then will the separation between the two be properly credible.

There are two main ways in which such a system might be implemented. The best is for the current British Parliament to become the new English Parliament, with a new Federal Assembly located outside London, operating within a new, written Federal Constitution. But such a step is too revolutionary for our country, that likes to evolve its constitution in small steps. I suspect the number of minor legal complications that would follow would be almost as bad as those that would flow from a Scottish breakaway. I would still vote for it if offered the chance – but grumpy as the British electorate is, I don’t think they are in such a revolutionary mood.

So the other way forward is for the British Parliament to downsize and become the new Federal legislature. The House of Lords might be replaced by a Senate with members appointed by the state legislatures (which would need to incorporate sub-state governments in the case of England, perhaps). A new English parliament and English First Minister would be established, located outside London. The whole thing would be constitutionally protected by a British Bill of Rights, which might, for good measure, establish the limits of European authority, in the way that Germany’s Basic Law does. That is revolutionary enough. But I can’t see any middle way between this and the current muddle.

And how to implement such a radical proposal? The first step must be to call a Constitutional Convention in the wake of the Scottish referendum result if there is the expected No result. And perhaps even if there is a Yes and a backlash as the difficulties emerge (although if that happens, only the first of my two solutions would be viable). That is what English politicians should be calling for.

Time to think of England

This week it was St George’s Day, a time when we in England reflect on what it is to be English – a few of us do anyway, especially when St George himself was so un-English. There was also a small flair in the ongoing campaigning over Scottish independence, when the British government poured cold water on the idea of a currency union between an independent Scotland and the what is left of the UK (which would no longer be a united kingdom…). As I have written before, it is a conceit that there is a Scottish problem for the UK. The issue with Scotland is just an aspect of the English problem. England so dominates the union that governance of England and governance of the UK get confused. We need to look at remaking the constitutional arrangements for the whole UK if Scotland, as expected, decides to stay in the union at their referendum next year. But how?

At this point it is all to easy to craft elegant new constitutional solutions to solve the problem. Alas, that is not how the British constitution works. We are deeply conservative. Any proposed change throws up a series of opponents, who are able to stoke up fear of change. The AV referendum in 2011 was a very painful experience for people who thought that sensible constitutional reform, or even sensible debate about reform, was an easy matter. So where does that get us?

First there must be a crisis. Most people must think that the current situation is intolerable. The crisis is presented by the Scots. Of course, if they vote to stay in the union, most English politicians will want to think that it is an end to matter, and we can go on as before. I don’t think many Scots think this, though. Even holding the referendum is a shocking event, showing that consent for the current British constitution is breaking down. Most think that if they lose the referendum, the Scottish National Party (SNP) will respond by pressing for “Devo-Max”, which will then look like a sensible middle way. Devo-Max implies a much greater level of devolution to the Scottish Parliament, leaving the UK responsible for just defence and foreign affairs in some readings, like Gibraltar, perhaps. Why, then should Scottish MPs have so much say in who governs England? This question is an irritant now, but it would become a much bigger deal. We need to head this problem off with a new constitutional settlement for the whole of the UK.

Second, messing with the sacred sovereignty of the House of Commons is to be avoided. To some people, including me, this is pompous twaddle. A parliament’s fitness for purpose is not derived from history, but from what it actually does. The people should be sovereign. But the sheer weight of traditions and interests that centre on the Commons is not to be trifled with. This body needs to rule all of the UK. Restricting its scope to England, for example, and having a new Federal Assembly is going to get nowhere.  And after the AV fiasco, changing the electoral system is off the agenda too.

And thirdly, there needs to be something for everybody in any new settlement. Each of the three main British political parties, and their backers should see at least some benefits, to weigh against inevitable threats. There will not be a consensus, but any new proposal must have broad support from a cross a wide spectrum.

And so to the English problem. In order to balance out devolution to Scotland (and to Wales and Northern Ireland) there must be an equivalent devolution to England. To many the sensible thing to do would be to establish English regional governments, of the same sort of size as Scotland, to give an overall shape resembling Spain or Germany. Elegant an idea as this may look, though, it has no legs. Local traditions in England have been so hollowed out over the centuries, unlike in Germany or Spain, that there is little in the way of tradition to build on. The English administrative regions, used for things like elections to the European Parliament are mostly named after points of the compass. London and Yorkshire, may be viable, but it ends there. Either identities are too diverse (the Celtic Cornwall compared to the Saxon Devon, for example) or else there is very little identity at all (where does Northampton belong to?). Constitutional change is hard: this is too hard.

Which leaves us with an English Assembly. I used to dismiss this as a nonsense, but it is growing on me. This should have equivalent power to the Scottish Parliament, whatever those are. That means an English First Minister and cabinet, control of education and the NHS, and, surely, over large chunks of tax. The bold, but necessary, step is to say that the capital of England should not be in London. Having it in the same city as the UK capital will make its identity and authority harder to establish, especially since London has its own mayor, making the  layer of government very crowded. Moving the UK Parliament and the paraphernalia of government out of London is too much as well. Besides there is a real grievance in much of England that too much of the establishment is based in London. Where? Geography points to Birmingham or Coventry; others may have better ideas. An old and grand but under-utilised Victorian classical building would be good to use as a base. Building a brand new building is asking for trouble. Like the Scottish Parliament and Welsh Assembly, it should be elected under proportional representation (PR).

So what would be left in London? The House of Commons would stay, but needs to be shrunk. It probably doesn’t need more than a couple of hundred MPs, but no doubt a compromise of 400 or so would have to be settled on. It is difficult to get turkeys to vote for Christmas. The House of Lords should be reformed too, though it is tempting to let it collapse under its own absurdity after last year’s reform fiasco. The UK cabinet would be shrunk. The Treasury, Foreign Office and Defence would stay much as is, as would much of the Department of Energy and Climate Change. But others would need to be shrunk down.

So how to sell it? To those in the north of England or Midlands, breaking the Whitehall stranglehold would be an advantage. Frankly this is a big attraction to me, even in London. Even under PR, the Conservatives would have a good stab at dominating the English government. Both they and Labour would benefit from PR giving them a political base in large swathes of the country where they are in danger of extinction – as PR has saved the Tories in Scotland and Wales. The Lib Dems would benefit from PR too, though they might lose out badly in the bigger and redrawn constituencies for the House of Commons. This losing out of the Lib Dems might be an attraction to both Labour and Conservatives, though – they might feel that they have a better shot at an overall majority for the UK if minor parties would struggle in the larger constituencies. Such are the sorts of calculations upon which British politics turn.

Food for thought, anyway. The next step, though, is to start talking up the idea of a UK Constitutional Convention if the Scots vote to stay in the union. The idea of an English assembly does have opinion poll support, though no doubt iti s very soft. But in small steps the idea can grow momentum.

The English problem

The Scottish SNP government’s pursuit of a referendum on independence has created a constitutional crisis for the UK.  But the real problem is England, not Scotland.

I don’t walk the corridors of power in Westminster, or mix with the great and the good who take in hand the the country’s affairs as an oblivious public goes about its daily life.  But I imagine that something close to panic is taking hold there.  Scotland is moving inexorably towards independence from the UK, while compromise proposals seem to raise more awkward questions than they answer.

The humiliation that beckons for these people – senior civil servants and senior Conservative and Labour party types that I will now refer to as “the British establishment”- can scarcely be imagined.  We get a flavour of it from some of the awkward questions that would be posed by Scotland’s exit from the union.  From the seemingly trivial – like what do we call the country that is left behind?  “Britain” won’t work any more, since this geographical term refers to the whole island; the “United Kingdom” will no longer be true (neither Wales nor Northern Ireland are kingdoms, unlike Scotland) and has no adjective to describe its citizens; “England” does not cover Wales and Northern Ireland.  And then there are more serious questions, like what future does the country’s nuclear deterrent have?

Scotland is a core part of the country’s historical identity.  How on Earth to explain its departure?  There is no precedent, outside the break up of colonial empires and or the demise of the multinational Habsburg and Soviet empires.  What do the British establishment tell their opposite numbers in Germany, Spain, Canada, and so on, countries that have all managed a diversity of identity within their borders of greater historical significance?  The loss of international prestige would be enormous; instead of being up there with Germany and France, the country will be jostling with Spain and Poland.  All this humiliation will be felt most acutely by the Conservatives, who have a romantic attachment to the country’s past greatness.  Where will it fit in Michael Gove’s new history curriculum? David Cameron will not want to go down in history as the Prime Minister who lost Scotland.

But such a prospect is real enough.  The usual levers of power seem to be ineffective.  With the AV referendum – the most recent perceived threat to the British establishment – the establishment could rustle up strong support from Tory grassroots and donors, plus a more or less united press, while neutralising the Labour Party.  None of this will work north of the border, where the British establishment has been comprehensively outmanoeuvred.

To make matters worse, there seems to be no, establishment friendly middle way.  There is the idea of “Devo-max” – where Scotland would take to itself full taxation powers, leaving defence and foreign affairs to London…a bit like Gibraltar.  Except that the Scots will want a say in who the British Prime Minster, Foreign Secretary and Defence Secretary are and the policies they follow.  But surely it is unacceptable that Scottish MPs could still retain their say over English domestic policy?  This problem has troubled constitutional experts since Irish Home Rule was mooted in the 19th century, and no acceptable solution has been found.

The British constitution is failing, with generations of complacency from the British establishment at last taking its toll.  The problem is England.  The logical, time-tested, way for the country to deal with the Scots desire for more autonomy is through a federation.  There would be a constitutionally constrained federal government, with highly autonomous states operating as a tier beneath.  But in the UK England is just too big to be treated as a single state in a structure like this.  Either it is so powerful that it can force through whatever ever it likes on the other countries, so no real advance; or the tiddler states of Scotland, Wales and Northern Ireland are given such powers over the whole that the English will resent their right of veto.  I can’t think of any successful federation that is so lopsided.  Russia and the Soviet Union had a similar problem, which could not be resolved democratically.

So what about breaking up England into a series of regional states?  But this reverses hundreds of years of systematic centralisation.  Coherent regional identities either don’t cover swathes of the country (where does Northampton fit?), or are too small (Cornwall).  London, Yorkshire and East Anglia may fit the bill – but it gets much more difficult after that.  Worse than that is the total disdain with with British institutions treat the idea of English regionalism, from the Westminster establishment to the popular media.  The English public is indifferent to hostile.  John Prescott’s attempt to push regionalism in the last government was crushed when a referendum to set up an elected assembly in the North was voted down even more overwhelmingly in a referendum than was the Alternative Vote.

And yet the United Kingdom is crying out for a rebalancing of powers between different levels of government, including English regions – and such a rebalancing, across the whole country, is the only way to deal securely with the Scottish demand for autonomy.  It would benefit England too, but most English won’t have it, and that is the real problem.  The British establishment has suppressed sensible debate about the topic for so long that it seems too late to start it now.  The Scots are miles ahead.

The best way of dealing with the SNP’s drive for independence would be to offer a constitutional convention across the whole of the UK, and to ask the Scots to wait for its results before having their referendum.  This would at last allow the unionist side to take the initiative.  This would be a good idea for the Liberal Democrats to take up – since it closely follows the party’s existing policy.  But I can’t see the Conservatives biting.  The English simply aren’t ready for a mature constitutional debate.

If the British establishment are humiliated, as increasingly seems likely, they will only have themselves to blame.