Who owns the Scottish independence referendum?

Only one party has a mandate to hold a vote, and it's not the Conservatives.

According to recent reports, David Cameron is again exploring the possibility of staging a pre-emptive, Westminster-led referendum on Scotland's secession from the United Kingdom. At the same time, one of the country's leading authorities on the British constitution, Professor Adam Tomkins of Glasgow University, has claimed that the Scottish Parliament does not have the "legal competence" to hold a vote of its own, and that the UK government should call one "as expeditiously as possible".

The developments will be welcomed by the most zealous opponents of independence. Hardened Unionists like Lord George Foulkes and Tom Harris MP, currently a candidate in the race to be the next leader of the Scottish Labour Party, have been arguing since May that London should assume control of the referendum process in order to prevent the nationalists from "rigging" it in their favour.

Events over the last couple of weeks may have encouraged other, more moderate Unionists to move toward this position, too. Alex Salmond's assertion that any kind of majority for full Scottish sovereignty would be binding - even if in a two or three option ballot it is delivered alongside a larger majority for, say, full fiscal autonomy - has re-enforced the No camp's suspicion that the SNP cannot be trusted to play fair when it comes to Scotland's constitutional future.

But can anyone? The Unionist parties accuse the Scottish government of being incapable of running an impartial ballot because it has an interest in the outcome. Yet there is no reason to believe the UK government - which, of course, also has an interest in the outcome - would be any more objective in determining the timing of the vote or the wording of the question. London's track record on the management of Scottish elections provides little reassurance. In 1979, Jim Callaghan's Labour administration manipulated the first devolution referendum by packing it with legislative provisions - like the infamous 40 per cent rule - designed to secure its preferred result.

Another, equally limp, Unionist complaint is that the SNP won't let the Electoral Commission (EC) oversee the voting procedure. Well, why should it? The last time the EC directly ran a Scottish election - in 2007 - it caused an unholy mess, with as many as 140,000 votes eventually discarded. At any rate, the question of impartiality has already been addressed by the Scottish Government. In its Draft Referendum Consultation Paper published last year, it pledged to establish a Scottish Referendum Commission to regulate both the campaign and the ballot. This Commission would, "with limited exceptions, be completely independent of the Scottish Parliament and Government in the conduct of its affairs".

Then there's the endlessly discussed matter of "mandates" - who has one and who doesn't? Tom Harris insists that the SNP, having campaigned on a platform to break-up Britain and not to turn it into a federation, has no mandate for a referendum on anything other than straight-forward independence. Perhaps he has a point. But then the rule works both ways. Neither Labour, the Conservatives nor the Liberal Democrats campaigned for an independence referendum in 2010 or in 2011 (or ever), so by Harris's logic none has any democratic right to hold one.

The UK parties also need to consider the likely political consequence of hijacking Scotland's referendum. Does Scottish Labour, which is in the process of trying to develop a more distinct Scottish identity, really want to be seen to be colluding with a hugely unpopular Conservative-led government to undermine the clear choice of the Scottish people? Do the Liberal Democrats - already a federalist party - want to risk full oblivion for the sake of a crumbling Union?

The personal credibility of the Prime Minister and the Secretary of State for Scotland are at stake, too. Both David Cameron ("The SNP has won the right to hold an independence referendum") and Michael Moore ("I firmly believe the Scottish Parliament, if it so decides, can proceed with a referendum") have stated at different times over the course of the last seven months that Holyrood is in the driving seat on this issue. This weekend, George Osborne also appeared to agree that the "ball is in [Salmond's] court". A sudden, coordinated u-turn would look like - and in fact be - an act of breathtaking cynicism.

In the coming months, the Scottish government is going to bring forward a motion at Holyrood which invites MSPs from across the chamber to affirm the "democratic authority" of the Scottish people. This 'Claim of Right' - first agreed on a cross-party basis in 1988 - will assert unambiguously that ordinary Scots should determine "the form of government best suited to their needs". Legally, of course, the motion will be worthless: Edinburgh doesn't have the power the challenge Westminster's sovereignty. But it is a typically astute piece of political manoeuvring from the First Minister. When it comes to a referendum on Scottish self-government, it seems, the people have the SNP's backing and the SNP can say with some confidence that it has the people's.

James Maxwell is a Scottish political journalist. He is based between Scotland and London.

Photo: Getty Images
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Bomb Isil? That's exactly what they want

The government appears not to answer the nature of its enemy, warns Maria Norris.

As MPs are set to vote on further airstrikes in Syria, it is difficult to shake off the feeling that the government does not fully appreciate the complexity of the problem Isil poses. Just a cursory glance at its magazine, the pronouncements of its leaders and its ideology reveals that Isil is desperate for Western bombs to fall out of the sky. As Martin Chulov argues, Isil is fighting a war it believes was preordained since the early days of Islam. Isil’s obsession with the city of Dabiq, in Northern Syria, stems from a hadith which prophesises that the ‘Crusader’ army will land in the city as a precursor to a final battle where Islam will emerge victorious. Dabiq is also the name of its magazine, which starts every issue with the same quote: "The spark has been lit here in Iraq, and its heat will continue to intensify -- by Allah's permission -- until it burns the crusader armies in Dabiq". Isil wants a war with the West. If we don’t negotiate with terrorists, then we also should not give them what they want.

Further, bombs are indiscriminate and will inevitably lead to the suffering of those trapped in Isil territories. Isil is counting on this suffering to swell their ranks. Civilian suffering from airstrikes only underline the narrative that the West is at war with Islam, which plays directly into Isil’s hands. And despite misleading headlines and the genuine government concern with individuals fleeing to Syria, Isis is supremely unpopular. It is no wonder that its magazine is filled with glossy adds begging people to move to its territories.  You cannot be a state without people. Terrorist attacks such as Paris thus have a two-pronged purpose: they provoke the West to respond with its military, and they act as a recruitment drive. The fact that fake Syrian passports were found around the sites of the Paris attacks is no coincidence as Isil are both seeking to stem the flow of refugees from its territories and hoping to provoke an Islamophobic backlash. They hope that, as more Muslims feel alienated in the West, more will join them, not just as fighters, but as the doctors, nurses and teachers it desperately needs.

In addition to this, airstrikes overlook the fact that Isil is a result of what Fawaz Gerges calls a severe, organic institutional crisis in the Middle East. In a lecture at the London School of Economics earlier this year, Gerges pointed out the dysfunction created when a region that is incredibly resource rich also is also deeply undemocratic, riddled with corruption, food insecurity, unemployment and poverty. This forms an institutional vacuum that is filled by non-state actors as the population does not trust its political structures. Further, the civil war in Syria is also the site of the toxic soup of Middle Eastern state dysfunction. Iran supports Assad, Saudi Arabia and the Gulf countries, fund anti-Shia groups in Syria. Throw in the Kurdish conflict, Turkey’s ambiguous position and Russian bombs, it is difficult to see how airstrikes will solve anything.

Finally, it is crucial that Isil is seen as a direct result of the Iraq war. The American-led invasion destroyed the institutions, giving the Shia majority power almost overnight, creating deep dissatisfaction in the Sunni regions of Iraq. On top of this thousands of foreign fighters flooded Iraq to fight the invaders, attracting disenfranchised and angry Sunnis. The result is that since 2003, Iraq has been embroiled in a sectarian civil war.  It is in civil war, inherently connected to the Iraq War, that you find the roots of Isil. As even the Prime Minister concedes that ground troops are necessary, albeit it regional ground troops with its own set of problems, it is important to consider what further monster can arise from the ashes of another ill-thought out military intervention in the Middle East.
We have had decades of military intervention in the Middle East with disastrous consequences. Airstrikes represent business as usual, when what we actually need is a radically new approach. Who is funding Isil? Who is buying its oil? How to curb Isil’s recruitment drives? What can be done about the refugees? How to end the conflict in Syria? What happens to Assad? These are questions hopefully being addressed in talks recently held in Vienna with Russian, Ira, the USA, France, Syria’s neighbours and the Gulf states. Airstrikes do not answer any of these questions. What airstrikes do is give Isil exactly what it is asking for. Surely this is reason enough not to bomb Syria. 

Maria W. Norris is a PhD candidate and a teacher at the London School of Economics and Political Science. Her PhD is on the UK counter-terrorism strategy since 9/11 and its relationship with identity. She tweets as @MariaWNorris.