Scotland would have to apply for EU membership: a disaster for Salmond

The biggest blow yet for the Scottish First Minister in a bad year for his party.

2012 has not been a year to remember for Alex Salmond. The Scottish First Minister has seen support for independence continue to erode (one in four supporters have deserted the nationalist cause this year), further scrutiny of his ties to Rupert Murdoch, and his parliamentary majority reduced to one after two MSPs resigned over the SNP's U-turn on Nato membership.

The latest - and biggest - blow is the news that, contrary to Salmond's previous assertions, an independent Scotland would have to apply for EU membership. A leaked draft letter from the EU Commission to the House of Lords economic affairs commitee (published by the Scotsman) stated that "if a territory of a member state ceases to be part of that member state because it has become an independent state then the treaties would cease to apply to that territory." This contradicts the SNP's long-standing insistence that Scotland would automatically inherit the UK's EU membership and its opt-outs from the euro (Salmond having long rescinded his support for the single currency) and the Schengen Area.

In a separate letter to Scottish Labour MEP David Martin, EU Commission president José Manuel Barroso confirmed that a newly independent Scotland would have to apply for membership, with unanimous agreement required by existing member states. The latter point is a crucial one. Spain, which is currently battling its own separatist movement in Catalonia, has previously indicated that it could veto a Scottish bid for membership. Added to this is the fact that any successful application, complete with opt-outs on the euro and border controls, could take years, rather than months.

Salmond has retorted that no one "seriously believes anybody would want to exclude Scotland from the European Union". But while it is more likely than not that the EU would accept Scotland as a member, the net result of all of this will be to create even more doubt over the wisdom of independence. The Better Together campaign can now plausibly claim that an independent Scotland may not be able to join the EU or, alternatively, that it could be forced to join the euro. At a time when economic uncertainty is already so great, it is hard to see Scottish voters disregarding these warnings and voting in favour of independence in 2014.

Update: Several commenters have pointed out on Twitter that the Scotsman corrected its piece - the paper apologised for reporting that the EU Commission had already sent its letter to the House of Lords economic affairs commitee. But since I referred to the letter as a "leaked draft" the blog remains accurate.

Scottish First Minister and SNP leader Alex Salmond. Photograph: Getty Images.

George Eaton is political editor of the New Statesman.

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Donald Trump's healthcare failure could be to his advantage

The appearance of weakness is less electorally damaging than actually removing healthcare from millions of people.

Good morning. Is it all over for Donald Trump? His approval ratings have cratered to below 40%. Now his attempt to dismantle Barack Obama's healthcare reforms have hit serious resistance from within the Republican Party, adding to the failures and retreats of his early days in office.

The problem for the GOP is that their opposition to Obamacare had more to do with the word "Obama" than the word "care". The previous President opted for a right-wing solution to the problem of the uninsured in a doomed attempt to secure bipartisan support for his healthcare reform. The politician with the biggest impact on the structures of the Affordable Care Act is Mitt Romney.

But now that the Republicans control all three branches of government they are left in a situation where they have no alternative to Obamacare that wouldn't either a) shred conservative orthodoxies on healthcare or b) create numerous and angry losers in their constituencies. The difficulties for Trump's proposal is that it does a bit of both.

Now the man who ran on his ability to cut a deal has been forced to make a take it or leave plea to Republicans in the House of Representatives: vote for this plan or say goodbye to any chance of repealing Obamacare.

But that's probably good news for Trump. The appearance of weakness and failure is less electorally damaging than actually succeeding in removing healthcare from millions of people, including people who voted for Trump.

Trump won his first term because his own negatives as a candidate weren't quite enough to drag him down on a night when he underperformed Republican candidates across the country. The historical trends all make it hard for a first-term incumbent to lose. So far, Trump's administration is largely being frustrated by the Republican establishment though he is succeeding in leveraging the Presidency for the benefit of his business empire.

But it may be that in the failure to get anything done he succeeds in once again riding Republican coattails to victory in 2020.

Stephen Bush is special correspondent at the New Statesman. His daily briefing, Morning Call, provides a quick and essential guide to British politics.