Union on Edge

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(Image Credit: Setanta747 via Wikimedia Commons cc)

     In light of the recent row over fox hunting, there appears to be bubbling angst in England with regard to Scotland and its place in the United Kingdom, and they are not good for future of the country.

     Just before the SNP’s decision to have its 56 MP’s vote on the fox hunting legislation which only affects England and Wales (and breaking the party’s “principled” stance on not voting on such issues unless they were related to Scotland),Leo McKinstry of The Express was fuming over the prospect of Scottish First Minister and SNP leader Nicola Sturgeon “bossing England” with her insistence on having a say in the crafting of English Votes for English Laws (EVEL) – a process which would see English (or English and Welsh) MP’s having a greater say, if not outright veto, on bills going through the British Parliament at Westminster that are applicable only to England (or England and Wales).

     He went on to claim that because of devolution, “English people are treated as second-class citizens in their own country” because Scottish MP’s still retain full voting rights at Westminster, resulting in a “gross constitutional injustice” (the West Lothian Question) in which Scottish MP’s have a say on all matters south of the Tweed, while MP’s from England and Wales have no reciprocating influence on matters that have been devolved to the Scottish Parliament at Holyrood.

     McKinstry also banged on about the “huge funds that English taxpayers have to provide for Scotland”, and believes that Home Rule ought to be given to Scotland, along with Full Fiscal Autonomy (FFA), and that England should have its own Parliament in the spirit of the Scottish Constitutional Convention’s declaration of “the sovereign right of the Scottish people to determine the form of Government best suited to their needs.”

     On Sunday after David Cameron withdrew the government’s fox hunting legislation that appeared doomed to failure with the SNP’s announcement of voting against it, Simon Heffer wrote for The Telegraph in terms that were similar to McKinstry last week.

     He spoke of a “Scots insurgency” that if not stopped, would result is rising anger and resentment amongst the English, and believes that the original government plans for EVEL were too weak against the “insurgency” because while English MP’s can block amendments during the committee stage, MP’s from throughout the whole UK can vote on the final bill. This, he claims, “amounts to denying the English (and in some cases the Welsh) people democratic rights now enjoyed, at their expense, by the Scots”, with their “quasi-imperial right to interfere as they wish in English affairs while excluding English MPs from theirs.”

     Further, he wants to see a “federal parliament” in which the whole House of Commons sits and decides on issues that affect the whole UK – which he described as “defence policy, foreign policy, security policy, the national lottery, and possibly some parts of the Budget (depending on the extent to which fiscal policy is devolved to the Edinburgh parliament).” However, where issues have been devolved to the representative institutions in Edinburgh, Belfast, and Cardiff, they ought to be decided at Westminster only by the MP’s whose constituents are affected. This, he believes, will mean that “the English question is decisively solved, and the Scots are put on an even footing with everyone else.”

     Both of these opinion articles by McKinstry and Heffer are expressions of frustration by what they as an aggressive Scottish nationalism that is trying to break up the UK, but now has 56 MP’s in the Commons and is trying to “interfere” in the running of Britain, and in particular, England. The fox hunting issue as become just the most recent and highest profile case of the SNP making its mark known throughout the UK, and it has not – at least so far – gone down well with many voters in the rest of the UK.

     These frustrations are understandable, but I am concerned that these views may be indicative of a rise in English nationalism in response to the rise of the SNP and what some people see as the near-constant whining and complaining that seems to have enveloped vast swaths of Scotland, resulting in a culture of grievance and resentment against the rest of the UK and blaming it for Scotland’s problems.

     It is particularly concerning how Scots are increasingly being viewed as though they are foreigners in their own country – the United Kingdom. Simon Heffer’s use of the term “Scots insurgency” is an indication of this, for it appears to describe all Scots as though they are an alien force imposing their will on the rest of the UK. Perhaps he meant to say “SNP insurgency”, and if so, that would have been a more accurate term to describe the situation. However, the fact that he did not use that term speaks to the erroneous conflation of the SNP and Scotland, as if the two are one and the same, when in fact, they are not (though the SNP like perpetuating this myth).

     These days, there are times whenever I hear or see someone use the term “the Scots”, and it is becoming unfortunately synonymous with the SNP (both north and south of the Tweed) and used in a way almost as if to say that Scots are a problem – a troublesome annoyance who need to be dealt with, and this is reflected in Heffer’s piece, when he said of “the Scots”:

“They have also voted for a Nationalist government committed to separatism. They managed not to win the argument last September, and so remain part of the Union. However, they have chosen to conduct their membership of the Union by means of aggression and constitutional offensiveness, like the bullies they were during the referendum campaign, and like the sore losers they have been ever since.”

     At some level, it is not clear if and where he is making a distinction between all Scots and the SNP, but it certainly comes off as describing all Scots as having “chosen to conduct their membership of the Union by means of aggression and constitutional offensiveness.”

     However, the fact remains that despite the SNP winning 56 out of 59 Scottish seats in the Commons, half of Scotland did not vote for it (which makes a case for some sort of proportional representation), and there are many Scots who are just as fed up with the SNP and their antics as people in England, Wales, and Northern Ireland. Not all Scots approve of the SNP and their separatist agenda, and just wish that the SNP would stop with the constitutional obsessions, saber-rattling, and constant displays of grievance, while there are real issues in Scotland that need addressing, which the SNP can do something about (without banging on for more powers).

     Nevertheless, there are some voices that believe having Scots being full participants of parliamentary processes is tantamount to some form undemocratic tyranny, or in McKinstry’s words, a “gross constitutional injustice” which allows for Nicola Sturgeon to claim a “self-appointed role of trying to dictate how Britain (and particularly England) should be governed.”

     Such emotive language is almost in line with the language used by some people in Scotland to argue for devolution in the 1990's and separation in 2014, with the talk of “democratic deficits” and the English imposing their will on Scotland, with laws passed by the British Parliament with a majority of English MP’s, though not Scottish MP’s, who have – as always since the beginning of the Union – full parliamentary representation like everyone else.

     All this talk of whether English MP’s voted for this, or Scottish MP’s voted for that is irrelevant to the fact that the Palace of Westminster houses the British Parliament, the representative body of all of the people throughout the United Kingdom from Shetland to Land’s End, and whatever is decided by those MP’s is the result of elections by the people throughout the land, and – quite often – the votes break down based on party affiliation, and not on the basis of which part of the UK from which the MP’s came.

     Devolution created an imbalance, but pushing for EVEL creates another imbalance at the heart of British governance by which the MP’s from certain parts of the UK are excluded from some parliamentary processes and votes simply because of their location.

     Yes, there needs to be solution to the West Lothian Question, but there needs to be another way than EVEL. A person who truly believes in the Union – the very concept of Britain, and doesn’t view it in purely transactional terms – would strain every sinew to find and promote a solution to the West Lothian Question without resorting to the crudity of the short-term political – not long-term constitutional – solution of EVEL and telling non-English MP’s when they can and cannot participate in the parliamentary processes and votes at Westminster.

     A more coherent and proper solution will be to create new legislative institutions in England, just as has been done in Scotland, Northern Ireland, and Wales.

     There could be a separate English Parliament, but there is a legitimate concern that it would rival the UK Parliament and that an English First Minister would be as powerful, if not more powerful than a British Prime Minister. Such an arraignment would prove detrimental to the foundations of the Union, whose whole point was to bring the peoples of Britain together into one country – a stronger one which would allow for the merging and sharing of resources, talents, and energies for the benefit and general welfare of all.

     This is why there must be an end to the ad hoc political processes that have brought us to this point, and it is time instead for a constitutional convention for all of the United Kingdom, in order to forge a lasting settlement that everyone can find acceptable, if not entirely satisfactory – in the tradition of the signers of the US Constitution in 1787, all of whom were not 100% happy with the document they had created during the heated constitutional convention that year, but nevertheless came to the conclusion that they could not come to an agreement on something better.

     Such a process, I hope, will retain Westminster as the sovereign body that is representative of the people throughout the entire UK at all times, while confirming or creating new bodies that take on powers similar to those of US or Australian states, Canadian provinces, or the German Länder.

     The outcome would mean that Westminster becomes a true representative federal parliament in an overall federal system, unlike the bastardized form of federalism (EVEL) which was called for by Simon Heffer, with Scottish MP’s active for some things at Westminster, but not others (which is just as bad as the bastardized federalism advocated by some people in the SNP and their supporters).

     Indeed, it appears that some people want easy short-term political answers, rather than hard long-term constitutional solutions befitting the complex nature of the UK. The honest truth is that at this point, there are no easy answers, but a convention where a diverse range of views can lead to a solution to the issues of British governance (including the West Lothian Question) is preferable to just about everything else.

     The United Kingdom does need constitutional convulsions, and have one thing one day, and another thing the next. Piecemeal constitutional tinkering must be replaced by a singular effort to establish a reformed constitutional order (out of the chaos and passions of recent years) that is beneficial to all.

     And if the SNP really wants to foster better relations with the people of the rest of the United Kingdom – as they claim they wish to do by focusing on affairs south of the Tweed – it would participate at such a convention and have the interests of the rest of the UK in mind while also being focused on Scotland, as opposed to the saber-rattling and complaining which will only hasten the introduction of EVEL.

     But despite their protestations about EVEL (which a new study says will be detrimental to Scotland), some will actually welcome it, since they can complain about Westminster treating Scottish MP’s as second-class citizens. They would certainly like to portray it that way, and this will probably give Nicola Sturgeon the “material change” necessary to call for another referendum.

     The issue therefore, is not about Scots, but about the SNP, and instead of biting on the SNP’s bait and dropping the nuke that is EVEL, people such as Heffer, McKinstry, and several others should call for convention in the hope settling these constitutional matters.

     But aside from that, there needs to be a better and more fundamental understanding between everyone throughout the UK. Eye-grabbing headlines and emotive articles from some newspapers, as well as inflammatory speeches and comments don’t help the cause of the Union; rather, they inflame and harden attitudes against it by pitting the people of Britain against each other, such as referring to Scots as “subsidy junkies” and England being portrayed as land of greedy neo-liberal (Thatcher-loving) sociopaths.

     To be quite frank, there needs to be a cooling down of emotions and rhetoric, and with the end of the referendum, I believed that this would happen. Unfortunately, this did not occur, and it sometimes feel as though one errant, insensitive, or ill-thought out comment or action will blow up the Union and end Britain as we know it. (Indeed, when writing my blog posts, I feel as though I have to keep various sensitivities in mind.)

     Instead of coming to the inaccurate conclusion that Scots may have had a change of heart since last September, and dismissing the SNP and its 56 MP’s as a Scottish problem that neither the “English or the Government should be cowed by” as Simon Heffer says, columnists, journalists, politicians, and ordinary people from throughout the UK should actually get out and spend time in Scotland – perhaps on and off for several weeks or months, if not longer.

     They should go to the leafy areas of East Lothian and Renfrewshire, as well as the housing estates in Glasgow and Dundee. Spend time in the Borders and Highlands, as well as the island communities. They should not see Scots as an alien and foreign people, but as their fellow British citizens who have many of the same concerns, fears, anxieties, and aspirations as they do. The problems that they face are the same ones faced by people throughout the UK as a whole, and it would be productive to actually meet with them in their homes and communities, and get to understand and know them better – beyond the preconceived notions and unhelpful stereotypes perpetuated by some corners of the media.

     David Cameron, as the Prime Minister of the United Kingdom, in particular needs to spend more time in the country of his ancestry, as well as the new Liberal Democrat leader Tim Farron and whoever will emerge from the Labour leadership election to replace Ed Miliband.

     They should not go up there for one-day stops to “show the flag”, but stay there for days at a time, and become more engaged and focused on what’s going in Scotland, especially with regard to matters that affect the UK as a whole. They should hold meetings in Scotland, and find that there are still volumes of Scots who are supportive of the Union, who do not want to feel like foreigners, and who will appreciate the reaching out by their fellow British citizens from the Prime Minister on down.

     Such people – some of whom are my friends – are trying cope with a deeply divided society, and they need support, especially from their fellow Brits. They want their voices to be heard above and apart from the SNP noise machine, and do not wish to be viewed as troublesome and annoying nuisances, but as beloved countrymen and women.

     But of course, reaching out to those who voted Yes in 2014 and the SNP in 2015 will also be instrumental attempting to lowering the political temperature and smoothing relations throughout the UK and Scotland itself. David Cameron in particular may not be particularly liked in Scotland, but him being there for extended periods of time, meeting people, immersing himself into life up there (and possibly take some heat) – whilst still attending to his duties as Prime Minister – will at least be respected by many Scots.

     Meanwhile, the SNP plans on getting out more into the rest of UK and expanding their scope to matters in places such as Leeds and Manchester, in the hope of championing for – among other things – increased transport links between Scotland and the North of England, as well as increased economic investment, which will be beneficial to Scotland. If this is what they intend to do, it is indeed high time for UK political leaders to spend more time up in Scotland for similar reasons of outreach and fostering better relations.

     This outreach in both directions may even have the effect of fostering better feelings toward maintaining the Union, and rediscovering a common sense of Britishness. This may not be what the SNP wants, but it is certainly a possibility if they are good on their word of taking a more keen interest in matters that affect their fellow citizens in the UK outside of Scotland, which will require them to climb down a bit from their sanctimonious rhetoric about “standing up for Scotland” – as if to say that generations of MP’s from Labour, the Liberal Democrats, and the Conservatives didn’t do so, while also working with their colleagues in the rest of the UK and not working toward dissolving the Union.

     Indeed, there is a conceit about the SNP – a smugness, self-satisfaction, and arrogance that uses emotion and a sense of moral superiority that is used in elections and the recent referendum to beat down its opponents, especially pro-Union ones. That conceit has become more apparent following the row over fox hunting, and even some pro-SNP figures are starting to realize it as the party preaches from a moral high ground without actually following up with substantial action – especially at Holyrood, where the SNP has held the reins of government for eight years, and there are real substantive issues on health, education, and policing which need urgent addressing.

     And for all of their preaching on social justice, they are certainly not taking or proposing the sort of radical action (i.e., substantial tax increases) that could scare off the middle class voters that the SNP – like all other parties – needs for victory. In the end, the only real aim they have is independence.

     Will they really be willing to put their money where their mouth is, and actually constructively engage with people in England, Wales, and Northern Ireland – knowing full well that this may prove beneficial to the existence of the Union? Only time will tell. Perhaps greater cross-border interactions and mixing people up throughout the UK to break down preconceived notions about one another can lead to a better and greater understanding between them.

     If nothing else, the rhetoric being used in the current political discourse – with talk of “insurgencies”, “junkies”, and “injustices” – needs to be toned down for everyone's sake.

Question Devolution

     In recent times, it has become in vogue in British politics to talk about the need for political and constitutional reform. This particularly means the devolution of political power from the UK Parliament at Westminster to other governing administrations within the UK – namely the devolved governments of Northern Ireland, Scotland, and Wales, as well as local council areas and regions within those areas and England, the largest part of the Union.

     With regard to Scotland in particular, politicians both nationalist and pro-union from all parties are of the opinion that more powers need to be exercised by the Scottish Parliament at Holyrood in isolation from the rest of the UK. For nationalists, they see devolution as another stage towards their ultimate goal of breaking up Britain, but both they and some pro-union politicians use similar language about how Scotland needs more powers to provide Scottish solutions to Scottish problems, and improve outcomes in critical areas such as health and education. Indeed, one of the sentiments expressed here is that policies in Scotland are better made by the people of Scotland.

     This is a fair sentiment to hold, but it ignores the reality that issues that affect Scots are issues that affect all Britons throughout the United Kingdom. As much as there may be issues better decided by the people of Scotland through their elected representatives in Edinburgh alone, there are also matters that may be better decided on a UK-wide basis by the British people as a whole (including Scots) through their elected representatives in London.

     Some politicians and commentators – particularly the nationalist sort – will go on to say that “left-wing” Scotland and “right-wing” England are so different (and drifting apart) politically and culturally that Scotland must be able to decisions for itself in isolation from the rest of the UK in order to reflect the values and aspirations of the Scottish people.

     Not only are such claims of vast Anglo-Scottish differences questionable to say the least, but it must be said that the MP’s elected to the UK Parliament are there to represent the interests of the UK as a whole in conjunction with the interests of their local constituents. Attempting to break British MP’s down to being English or Scottish (with regard to how they vote on issues or their political philosophies) and to say that the Scots and English are monolithically and irreconcilably different in their socio-economic outlook risks pitting the constituent parts of the UK against each other. This ought to be avoided – especially by those who want the UK to stay together – lest it lead to unhelpful perceptions and stereotypes that put the Union at risk.

     There is no problem in acknowledging and celebrating the differences amongst the peoples in the United Kingdom, for there is strength in diversity that can actually lead to bringing the British people together, just as has been done for over 230 years in the United States with 50 states and various nationalities and ethnicities. These differences however, need not be politicized and over-hyped to the extent of driving wedges and dividing people against each other, which gnaws away at the fabric of the Union.

     There are no differences amongst the peoples of the UK that cannot be overcome by the bonds – political, social, cultural, and economic – which bind them together as one. Indeed, there are such things as British values and British aspirations which are derived from the UK’s constituent parts and reflected by its people.

     This does not necessarily mean that there should not be devolution at all, but it certainly should not be done in a way that shreds the critical relationships and structures that allow for all parts of the UK to have an active part in the governing of the country and its political system, or indeed, the ability of the UK Government to govern the UK in its entirety.

     You see, so long as Scotland remains part of the UK, the UK Government must be able to have the tools at its disposal to make the Union work, which means that it must continue to have substantial responsibility over matters such as trade and commerce, fiscal and monetary policy, and lawmaking and law enforcement within the UK. Some of these responsibilities can be shared with the devolved administrations and even local councils, so that each level of government within the United Kingdom has its own ability to set taxes, make laws, and do other things within certain parameters that respect the authority and competence of each level.

     Piecemeal and ad hoc devolution based on what is thought to be “necessary” for one part of the country at a particular time may have been well-intended, but to some degree, it has proven detrimental to the strength of the Union and has not necessarily led to better or more efficient outcomes for those particular areas.

     For example, university tuition fees have been abolished in Scotland on the basis that it helps those with the fewest resources, who come from the lower strata of society. However, in terms of university entry rate amongst such people, Scotland lags behind England, Northern Ireland, and Wales. According to the Universities and Colleges Admissions Service (UCAS), England – with tuition fees – has an entry rate nearly two times greater than that of Scotland for those in the poorest quintile of the population. Perhaps that has something to do with the fact that according to the Scottish Funding Council, only 6.7% of poor Scots attain the average exam grades required to earn a university place.

     Furthermore, the Scottish Government’s own survey on literacy amongst Scotland’s students (which was taken in May 2014 and released in April 2015) have revealed that literacy rates have fallen, and this is especially pronounced amongst pupils in the second year of secondary education (S2) from the most deprived backgrounds, where only 41% were performing well or very well in writing and 55% in reading.

     Given that education has been completely devolved to Holyrood since 1999 and that the SNP has been in government since 2007, it is an indictment against how education has been handled in Scotland in recent years. For some of the people I have come to know, the Scottish education system has not been served well under an SNP government that needs to do more (after eight years in office) to get more young people into higher education, but appears more interested in showing how different it is to the English system, even if the English system may produce better results, and therefore can provide at least some food for thought for what can be done in Scotland.

     In health – another critical area where Holyrood (not Westminster) has control, and where the SNP has been in charge of for eight years – real-term spending on the NHS rose by only one percent between 2009-2010 and 2015-2016, in contrast to the budget-cutting in Westminster that has seen a real-term rise in health spending in England to the tune of 6% in the same period, according to the Institute for Fiscal Studies (IFS).

     Given that the mechanisms of the Barnett formula (which mean that whenever spending changes in England (for any department), it changes by a proportionate amount for the devolved administrations in the rest of the UK), it would stand that health spending would also go up in Scotland as well. But Holyrood is under no obligation to following in tandem with the spending decisions south of the Tweed when it receives the block grant from the UK Treasury. It could have spent an additional 5% on the NHS, but appear to have chosen not do to so, and instead spent the money elsewhere, like the “free” university tuition, “free” prescriptions, and the council tax freeze – all of which arguably and disproportionately benefit those who have the means to pay for them, while doing little for those most in need.

     Several of my friends and acquaintance in Scotland have spoken about long waiting times at the NHS, run-arounds with various doctors, and delays with getting treatments and surgeries. Now to be fair, it would be a mistake to continuously blame the SNP for all of these things. For example, it may well be – as the BBC's Nick Robinson pointed out – that spending for the Scottish NHS may be historically higher than in England (including before devolution), and that England is merely catching up. Nevertheless, it does appear that any budget cutting is due to the actions of the Scottish Government, and it is therefore disingenuous to blame the UK Government for their own problems with the NHS in Scotland, particularly with regard to missing their own targets for improving A&E waiting times.

     Again, this is not to say that powers should not be devolved absolutely, but rather that it should not happen so hastily, carelessly, and without thinking if it is really necessary or otherwise good for Scotland, for if the constitutional debates are about what is best for Scotland, should there not be a vigorous debate on the merits on the devolution of power – especially with regard to how devolved power has already been used (or not)? If it is natural to question the very existence of the UK, or at least the its constitutional structures, then there should also be questions about the devolution of political power, for it may not always lead to better results. (It is probably for this reason that Scottish Green Party co-convener Patrick Harvie, a supporter of independence, has spoken out against the SNP's policy of achieving Full Fiscal Autonomy for Holyrood.)

     It is for this reason that devolution must be questioned at every stage, as opposed to being meekly accepted as an all-around good thing, and also why changing fundamental constitutional and political structures within the UK must be decided upon by all of the UK, for changing the machinery of the constitution in one part of the UK will have effects on the rest of the UK. This is why myself and others have been advocating for a constitutional convention to settle these matters of British governance, for the current model of piecemeal and ad hoc devolution results in a never-ending merry-go-round, in which one part of the UK receives a devolved power, and another part wonders why it doesn’t receive the same treatment. Such a constant rearranging of the constitutional jigsaw puzzle – almost living in a crisis by crisis scenario – does not bode well for good governance, and threatens to upset the stability of the Union.

     A convention would help to establish the powers and competencies of each level of government in the UK, as well as parameters that allow for the mutual respect of such competencies. Some responsibilities may be exclusive and reserved to a certain level of government, and others jointly shared. This points to federalism, which preserves a strong central government to handle matters and issues that require government action for the whole of the country – something which tends to get forgotten in the drive for devolution – while also featuring significant powers for the federated entities to do their own thing within a federal framework.

     But even if federalism is not the result of such a convention, the aim should be to at least provide a forum on what the British people as a whole want and expect in terms of their governing arraignments. It would be up to the people, with due and careful consideration and debate, to decide on the matter of which powers are better handled by, or otherwise require the action of, the central government. From here, there would be decisions on the powers of the devolved administrations and local government.

     Not everyone will agree – the members of the US Constitutional Convention certainly did not – but an effort ought to be made to forge some kind of settlement for the United Kingdom going forward that promotes stability, fairness, and the idea that the Union can be made more perfect.

     That would be a hell of a lot better than the seemingly constant and almost unquestioned flow of devolution, which as Tam Dalyell observed, runs the hazard of leading to the breakup of Britain. The people living there – from the most powerful politician to the postman – can and must do better, if for nothing else than the greater good and general welfare of all.