Guess what! Constructive engagement in Europe works

A new banking deal shows what can be achieved when Tory backbench wreckers aren't stealing the show.

The European Union has taken another small but significant step towards closer integration. Finance ministers have agreed to create a eurozone banking union – putting the largest banks in those countries that use the single currency directly under the supervision of the European Central Bank.

In principle, that will enable faster and more direct intervention in the event of a crisis. The deal is also supposed to limit European governments’ exposure to picking up the tab for any future bank failures.

Britain had a peculiar role in this chapter of crisis talks as a non-eurozone country that happens also to host the continent’s biggest financial centre. The UK government’s dilemma was that it needs to support the efforts of the rest of the EU in sorting out the mess in their banking system but without handing over regulatory powers that would put the City of London at a competitive disadvantage.

Some French and German politicians see the design of Europe’s post-crisis financial architecture as an opportunity to snatch London’s crown for Paris or Frankfurt. That impulse is reinforced by the view in much of continental Europe that the City is the ideological Mecca of a kind of rampant, greedy, profiteering approach to finance that caused the crisis in the first place.

To an extent, it plainly is. But the financial services industry also happens to be a vital strategic economic asset for Britain. It may not be very fashionable to admit it right now, but any UK government will see protecting the City’s status as a core part of its negotiating agenda in Europe.

On this occasion, George Osborne appears to have achieved his main goal, which was to ensure that British opinion is adequately represented in the new banking union’s decision-making process. Crudely speaking, the single currency members have accepted that decisions made by the European Banking Authority will need to be approved by a plurality of non-eurozone countries as well as a majority of eurozone ones. In other words, in theory, it won’t be possible for the single currency members to stitch up a plan that hobbles the City and then force it through against the will of non-euro members (i.e. Britain). That “double majority” protection was Osborne’s main demand going into the negotiations. He is now satisfied.

This deal sets an important precedent. Financial regulation is not the only area where Britain, as a non-eurozone country, needs to assert its interest and voting weight in European decision-making as the single currency members plough ahead with ever-closer integration. The planned Fiscal Union treaty agreed last December (from which David Cameron withdrew UK participation by waiving a symbolic veto) was the beginning of a process that redefines the EU as a political and economic project around the eurozone.

The obvious danger to Britain from that process is that the rules of the single market – the part of EU treaties that even ardent sceptics like – will be skewed by a caucus of single currency members in their select single currency meetings to the exclusion and detriment of the UK. Cameron has insisted that would be intolerable, but has yet to demonstrate how he might stop it from happening. This new banking union model with its “double majority” principle points to the kind of deal that might be struck in the future.

It is worth noting, however, that Britain was able to get this deal because other member states could be persuaded that their interests would ultimately be served by accommodating London’s request. Britain’s legitimate concerns about exclusion and the fact that the City is of strategic importance to the whole continent are points mostly well heeded in Brussels. London has never lost a major vote on a financial services point in the European Council and has never needed to wield a veto on the subject. It also helps that this issue was not ramped up by Tory MPs or the media into a point of zero-sum confrontation between heroic Albion and the wicked bureaucrats of Brussels. It just goes to show what can be achieved through constructive engagement and diplomacy.

None of these issues is going away. The main business of the current summit is to look at much broader proposals for deeper long-term eurozone integration. The overall trajectory is still towards a two-tier EU, with Britain in the outer layer. As today’s events have shown, that doesn’t have to mean second class membership. The real threat of exclusion and economic disadvantage doesn’t come from other countries harbouring conspiratorial grudges against Britain. It comes from Tory MPs and Ukip making it impossible for the Prime Minister to conduct realistic negotiations.

The Euro logo is seen in front of the European Central Bank in Frankfurt. Photograph: Getty Images.

Rafael Behr is political columnist at the Guardian and former political editor of the New Statesman

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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.