Public faith in politics may be the casualty of this scandal

As with expenses, politicians are tempted down the route of self-flagellation which does not tackle

"It was the Sun wot won it" crowed the front page after the 1992 general election. On the previous day, their front page warned the voters "If Kinnock wins today, will the last person to leave Britain please turn out the lights". Sometime later, a story emerged that in a focus group someone said "I didn't vote for Neil Kinnock because I heard he had a light bulb inside his head". Entirely plausible, because people often have impressions of politicians and rarely -- oh, so rarely -- have the detail.

It would be no great surprise in a focus group today to discover that everyone believes David Cameron's wife held a slumber party for Rebekah Brooks, when it was actually Sarah Brown; that Tony Blair went horse riding with Brooks when it was David Cameron; that Nick Clegg held a séance with James Murdoch, which I know to be untrue in the same way I know that Neil Kinnock never had a light bulb inside his head.

Which is why when it comes to this next step towards truth and reconciliation between the media and politicians, we should all be cautious. People will, at the end of this, believe that all of them are as bad as each other, and be left with an impression of sleaze running through the media, police and politics.

Don't get me wrong -- there most definitely should be a judicial inquiry, which goes wider than News International. As Nick Clegg says in his speech today:

... a fundamentally corrupted relationship between politics, the media, and the police. All these groups are supposed to serve the people. But too often they have been serving only themselves or each other. A light has been shone on the murky underworld of British public life. A world in which confidential information is for sale; in which journalists cross the line from public interest into vulgar voyeurism; and politicians, petrified of the power of the media, fail in their duty to ensure a free, accountable, plural press.

It is an excellent speech with a strong commitment to a free press, that gives everyone an insight into the significant work he has put in on this issue behind the scenes. It raises the opportunity to have a decent debate on what comes next after the flabby and flaccid Press Complaint Commission.

But so far, only a paving slab has been overturned. Observing all the stuff that is coming out is like watching the creepy crawlies under one slab. We now have an inquiry that will pull up the whole pavement. Whilst it will marginally improve things for the Liberal Democrats and for Ed Miliband, for senior politicians in both Labour and the Conservatives, this will be the expenses story all over again. So the loser will be the reputation of politics itself. Therefore, there is a danger even to those who come out of this inquiry squeaky clean.

Like the expenses scandal, politicians will be tempted down the route of some kind of half-cock, self-flagellation style IPSA idea, as a backlash reaction against the massive outcry. IPSA is system of financial scrutiny in Parliament which is almost unworkable and punishes all MPs.

Yesterday Labour's Tom Harris MP who has long campaigned on media issues summed it up perfectly in a tweet:

Journalists illegally tap people's phones. The response? Force MPs to publically record every meeting with media. Utterly. Bloody. Bonkers.

A strong and vibrant belief in politics may be what we sacrifice in the last roll of a dice of a retiring judge. This may end up as a backlash against politicians, triggered by an appalling act by people who should simply be developing a new and entirely different relationship with the police -- one which ends with a conviction.

 

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Winning Scottish independence will be even harder than before - but it may be the only choice

Independence campaigners will have to find answers on borders, currency and more. 

The Brexit mutiny has taken not just the UK economy and its relationship with Europe into uncharted waters. it has also imperilled the union between Scotland and England. From Sir John Major to the First Minister, both Unionists and Nationalists had warned of it. The outcome, though, has made this certain. The Leave vote in England and Wales contrasted with an overwhelming Remain vote north of the border.

That every region in Scotland voted to stay In was quite remarkable. Historically, fishing and industrial communities have blamed the European Union for their woes. That antagonism was probably reflected in lower turnout - an abstention rather than a rejection. 

The talk now is of a second referendum on independence. This is understandable given the current mood. Opinion polls in the Sunday Times and Sunday Post showed a Yes vote now at 52 per cent and 59 per cent respectively. Moreover, anecdotal evidence suggests even arch No vote campaigners, from JK Rowling to the Daily Record, are considering the option.

The First Minister was therefore correct to say that a second referendum is now “back on the table”. Her core supporters expects no less. However, as with the economy and Europe, the constitutional relationship between Scotland and England is now in uncharted seas. Potential support for independence may be higher, but the challenges are arguably bigger than before. The difficulties are practical, political and geographic.

Of course the Little Englanders likely to take the helm may choose a velvet divorce. However, given their desire for the return of the Glories of Britannia that’s improbable. They’re as likely to wish to see Caledonia depart, as cede Gibraltar to Spain, even though that territory voted even more overwhelmingly In.

Ticking the legal boxes

Practically, there’s the obstacle of obtaining a legal and binding referendum. The past vote was based on the Edinburgh Agreement and legislation in Westminster and Holyrood. The First Minister has indicated the democratic arguments of the rights of the Scots. However, that’s unlikely to hold much sway. A right-wing centralist Spanish government has been willing to face down demands for autonomy in Catalonia. Would the newly-emboldened Great Britain be any different?

There are no doubt ways in which democratic public support can be sought. The Scottish Government may win backing in Holyrood from the Greens. However, consent for such action would need to be obtained from the Presiding Officer and the Lord Advocate, both of whom have a key role in legislation. These office holders have changed since the first referendum, where they were both more sympathetic and the legal basis clearer. 

Getting the EU on side

The political hurdles are, also, greater this time than before. Previously the arguments were over how and when Scotland could join the EU, although all accepted ultimately she could remain or become a member. This time the demand is that Scotland should remain and the rest of the UK can depart. But will that be possible? The political earthquake that erupted south of the Border has set tectonic plates shifting, not just in the British isles but across the European continent. The fear that a Brexit would empower dark forces in the EU may come to pass. Will the EU that the UK is about to leave be there for an independent Scotland to join? We cannot know, whatever European Commission President Jean-Claude Juncker may be saying at the moment. The First Minister is right to start engaging with Europe directly. But events such as elections in France and the Netherlands are outwith her control. 

Moreover, currency was the Achilles heel in the last referendum, and hasn’t yet been addressed. George Osborne was adamant in his rejection of a currency union. The options this time round, whether a separate Scottish currency or joining the euro, have yet to be properly explored. A worsened financial situation in the 27 remaining EU members hampers the latter and the former remains politically problematic. 

The problem of borders

Geography is also an obstacle  that will be even harder to address now than before. Scotland can change its constitution, but it cannot alter its location on a shared island. In 2014, the independence argument was simply about changing the political union. Other unions, whether monarchy or social, would remain untouched. The island would remain seamless, without border posts. An independent Scotland, whether in or out of the EU, would almost certainly have to face these issues. That is a significant change from before, and the effect on public opinion unknown.

The risk that's worth it

Ultimately, the bar for a Yes vote may be higher, but the Scots may still be prepared to jump it. As with Ireland in 1920, facing any risk may be better than remaining in the British realm. Boris Johnson as Prime Minister would certainly encourage that. 

David Cameron's lack of sensitivity after the independence referendum fuelled the Scottish National Party surge. But perhaps this time, the new Government will be magnanimous towards Scotland and move to federalism. The Nordic Union offers an example to be explored. Left-wing commentators have called for a progressive alliance to remove the Tories and offer a multi-option referendum on Scotland’s constitution. But that is dependent on SNP and Labour being prepared to work together, and win the debate in England and Wales.

So, Indy Ref The Sequel is on the table. It won’t be the same as the first, and it will be more challenging. But, if there is no plausible alternative, Scots may consider it the only option.

Kenny MacAskill served as a Scottish National MSP between 2007 and 2016, and as Cabinet Secretary for Justice between 2007 and 2014.