The myth of Cameron's legal challenge to Salmond

Scottish Secretary Michael Moore says UK government would not challenge Salmond's referendum.

Does the Scottish government have the legal right to hold a referendum on independence? Alex Salmond and some constitutional lawyers insist it does, the UK government and some constitutional lawyers insist it does not.

The vote Salmond intends to hold in autumn 2014 would be an advisory one (the SNP concedes that it does not have the power to hold a binding referendum) designed to provide him with a clear mandate to negotiate for independence. But in his statement to the Commons yesterday, Michael Moore, the Secretary of State for Scotland, declared that even this would be legally questionable. So, assuming Salmond proceeds, would the UK government challenge him in the courts? Apparently not. Here's what Moore told Scotland Tonight yesterday evening.

Interviewer: The idea that it could be legally challenged, who's going to mount that challenge?

Michael Moore: Anybody could and I don't think that a decision of this magnitude about whether or not Scotland stays part of the most successful multi-nation state in the history of the world or goes its own separate way, I don't think that should be left ...

Interviewer: Would the UK government launch that challenge though?

Michael Moore: While there's a prospect that anybody could, it's not our intention to do that.

But as the blog Wings over Scotland asks, why would the UK government not challenge what it ostensibly believes is an illegal attempt to break up the Union? Moore's words will inevitably prompt questions about the government's true opinion of the legality of a Scottish-led referendum.

George Eaton is political editor of the New Statesman.

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The Fire Brigades Union reaffiliates to Labour - what does it mean?

Any union rejoining Labour will be welcomed by most in the party - but the impact on the party's internal politics will be smaller than you think.

The Fire Brigades Union (FBU) has voted to reaffiliate to the Labour party, in what is seen as a boost to Jeremy Corbyn. What does it mean for Labour’s internal politics?

Firstly, technically, the FBU has never affliated before as they are notionally part of the civil service - however, following the firefighters' strike in 2004, they decisively broke with Labour.

The main impact will be felt on the floor of Labour party conference. Although the FBU’s membership – at around 38,000 – is too small to have a material effect on the outcome of votes themselves, it will change the tenor of the motions put before party conference.

The FBU’s leadership is not only to the left of most unions in the Trades Union Congress (TUC), it is more inclined to bring motions relating to foreign affairs than other unions with similar politics (it is more internationalist in focus than, say, the PCS, another union that may affiliate due to Corbyn’s leadership). Motions on Israel/Palestine, the nuclear deterrent, and other issues, will find more support from FBU delegates than it has from other affiliated trade unions.

In terms of the balance of power between the affiliated unions themselves, the FBU’s re-entry into Labour politics is unlikely to be much of a gamechanger. Trade union positions, elected by trade union delegates at conference, are unlikely to be moved leftwards by the reaffiliation of the FBU. Unite, the GMB, Unison and Usdaw are all large enough to all-but-guarantee themselves a seat around the NEC. Community, a small centrist union, has already lost its place on the NEC in favour of the bakers’ union, which is more aligned to Tom Watson than Jeremy Corbyn.

Matt Wrack, the FBU’s General Secretary, will be a genuine ally to Corbyn and John McDonnell. Len McCluskey and Dave Prentis were both bounced into endorsing Corbyn by their executives and did so less than wholeheartedly. Tim Roache, the newly-elected General Secretary of the GMB, has publicly supported Corbyn but is seen as a more moderate voice at the TUC. Only Dave Ward of the Communication Workers’ Union, who lent staff and resources to both Corbyn’s campaign team and to the parliamentary staff of Corbyn and McDonnell, is truly on side.

The impact of reaffiliation may be felt more keenly in local parties. The FBU’s membership looks small in real terms compared Unite and Unison have memberships of over a million, while the GMB and Usdaw are around the half-a-million mark, but is much more impressive when you consider that there are just 48,000 firefighters in Britain. This may make them more likely to participate in internal elections than other affiliated trade unionists, just 60,000 of whom voted in the Labour leadership election in 2015. However, it is worth noting that it is statistically unlikely most firefighters are Corbynites - those that are will mostly have already joined themselves. The affiliation, while a morale boost for many in the Labour party, is unlikely to prove as significant to the direction of the party as the outcome of Unison’s general secretary election or the struggle for power at the top of Unite in 2018. 

Stephen Bush is editor of the Staggers, the New Statesman’s political blog.