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that Scotland would automatically inherit the UK's EU membership and its opt-outs from the euro (Salmond having long rescinded his support for the single currency) and the Schengen Area.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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"We repealed, then forgot": the long shadow of Section 28 homophobia

Why are deeply conservative views about the "promotion" of homosexuality still being reiterated to Scottish school pupils? 

Grim stories of LGBTI children being bullied in school are all too common. But one which emerged over the weekend garnered particular attention - because of the echoes of the infamous Section 28, nearly two decades after it was scrapped.

A 16-year-old pupil of a West Lothian school, who does not wish to be named, told Pink News that staff asked him to remove his small rainbow pride badge because, though they had "no problem" with his sexuality, it was not appropriate to "promote it" in school. It's a blast from the past - the rules against "promoting" homosexuality were repealed in 2000 in Scotland, but the long legacy of Section 28 seems hard to shake off. 

The local authority responsible said in a statement that non-school related badges are not permitted on uniforms, and says it is "committed to equal rights for LGBT people". 

The small badge depicted a rainbow-striped heart, which the pupil said he had brought back from the Edinburgh Pride march the previous weekend. He reportedly "no longer feels comfortable going to school", and said homophobia from staff members felt "much more scar[y] than when I encountered the same from other pupils". 

At a time when four Scottish party leaders are gay, and the new Westminster parliament included a record number of LGBTQ MPs, the political world is making progress in promoting equality. But education, it seems, has not kept up. According to research from LGBT rights campaigners Stonewall, 40 per cent of LGBT pupils across the UK reported being taught nothing about LGBT issues at school. Among trans students, 44 per cent said school staff didn’t know what "trans" even means.

The need for teacher training and curriculum reform is at the top of campaigners' agendas. "We're disappointed but not surprised by this example," says Jordan Daly, the co-founder of Time for Inclusive Education [TIE]. His grassroots campaign focuses on making politicians and wider society aware of the reality LGBTI school students in Scotland face. "We're in schools on a monthly basis, so we know this is by no means an isolated incident." 

Studies have repeatedly shown a startling level of self-harm and mental illness reported by LGBTI school students. Trans students are particularly at risk. In 2015, Daly and colleagues began a tour of schools. Shocking stories included one in which a teacher singled out a trans pupils for ridicule in front of the class. More commonly, though, staff told them the same story: we just don't know what we're allowed to say about gay relationships. 

This is the point, according to Daly - retraining, or rather the lack of it. For some of those teachers trained during the 1980s and 1990s, when Section 28 prevented local authorities from "promoting homosexuality", confusion still reigns about what they can and cannot teach - or even mention in front of their pupils. 

The infamous clause was specific in its homophobia: the "acceptability of homosexuality as a pretended family relationship" could not be mentioned in schools. But it's been 17 years since the clause was repealed in Scotland - indeed, it was one of the very first acts of the new Scottish Parliament (the rest of the UK followed suit three years later). Why are we still hearing this archaic language? 

"We repealed, we clapped and cheered, and then we just forgot," Daly says. After the bitter campaign in Scotland, in which an alliance of churches led by millionaire businessman Brian Souter poured money into "Keeping the Clause", the government was pleased with its victory, which seemed to establish Holyrood as a progressive political space early on in the life of the parliament. But without updating the curriculum or retraining teaching staff, Daly argues, it left a "massive vacuum" of uncertainty. 

The Stonewall research suggests a similar confusion is likely across the UK. Daly doesn't believe the situation in Scotland is notably worse than in England, and disputes the oft-cited allegation that the issue is somehow worse in Scotland's denominational schools. Homophobia may be "wrapped up in the language of religious belief" in certain schools, he says, but it's "just as much of a problem elsewhere. The TIE campaign doesn't have different strategies for different schools." 

After initial disappointments - their thousands-strong petition to change the curriculum was thrown out by parliament in 2016 - the campaign has won the support of leaders such as Nicola Sturgeon and Kezia Dugdale, and recently, the backing of a majority of MSPs. The Scottish government has set up a working group, and promised a national strategy. 

But for Daly, who himself struggled at a young age with his sexuality and society's failure to accept it, the matter remains an urgent one.  At just 21, he can reel off countless painful stories of young LGBTI students - some of which end in tragedy. One of the saddest elements of the story from St Kentigern's is that the pupil claimed his school was the safest place he had to express his identity, because he was not out at home. Perhaps for a gay pupil in ten years time, that will be a guarantee. 

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