Why federalism won’t save the Union

More devolution will only further weaken the ties which bind the UK together.

During his trip to Edinburgh last week, David Cameron rather unexpectedly announced that he supported an increase in the powers of the Scottish Parliament. The current devolutionary settlement, he said, did not have to be the "end of the road" and, provided Scots vote to reject independence at the referendum in 2014, he would be willing to examine ways in which it could be "improved further". Over the weekend, both Michael Moore and Alistair Darling expressed similar sentiments, although, like the prime minister, they refused to say how they thought Holyrood's legislative remit should be enhanced.
 
As Tim Montgomerie explained in the Guardian on Monday, there is a clear political rationale to this new "progressive unionism". The reality is that most Scots support greater fiscal autonomy and, so far, attempts to draw a line in the sand at the status quo - or, worse still, the Scotland Bill - have only played into the hands of the SNP. It makes sense, then, for unionists to seize the initiative by embracing federalism - or some variant of it - and handing Scots responsibility over the bulk of their financial and economic affairs. This would undermine the drive toward separation by sating the Scottish appetite for more self-government.
 
But would it? A federal UK would mean Scotland was only just shy of out-right economic independence. It would see Holyrood take charge of, among other things, Scottish income and corporation taxes, national insurance and - in all likelihood - North Sea oil revenues, while foreign affairs, VAT and monetary policy remained reserved to London. Further devolution for Scotland would have to be met with some form of devolution for England. This would almost certainly involve prohibiting Scottish MPs from voting on English-only matters. Under these conditions, the Union would amount to little more than a kind of glorified defence alliance, with Westminster's UK-wide role being restricted to that of conducting Britain's external relations.
 
The difficulty, though, from a unionist perspective, is that the case for Scotland to determine its own foreign and defence policies is at least as strong as that for it to determine its own economic policies.
 
For instance, an independent Scotland could cut its defence expenditure from the £3.1bn it currently contributes to the British defence budget to around £1.8bn in line with the Nordic average. This would represent a significant saving at a time when public finances were under considerable pressure. It could also force the removal of the hugely dangerous yet strategically redundant Trident nuclear missile system from its waters, thereby substantially improving its security situation. Finally, it could fashion a new role for itself in international politics which reflected its status as a small, northern European social democracy, rather than remain anchored to the UK as it struggles against the decline of its global influence.

Currently, these arguments do not chime with majority opinion in Scotland. But then, a decade ago, the idea that the Scottish Parliament should raise most or all of the money it spends didn't chime with majority opinion either. What changed was Scots' sense that they were capable of governing themselves: the more they did it, the more they wanted to do it. This bears out the "slippery slope" theory advanced by people like Tam Daylell and Michael Forsyth, the most staunch defenders of the UK's unitary political structure. They warned that, as Ian Macwhirter puts it, "independence is a process, not an event" which will occur incrementally over a number of years and through a series of different devolutionary stages, whether people vote for it directly or not. In light of recent events, it is becoming increasingly difficult to say they were wrong.

So, although Cameron, Darling and Moore may view federalism - or devo-max - as the best way to preserve the Union, there is a strong chance it actually represents another step along the road to Scottish independence. Devolution has a logic and a momentum of its own. So far it only seems to be weakening the ties which hold the UK together.

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

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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.