What happens to Scottish MPs in May 2015 after an independence vote?

The Tories and the conservative media would revolt against a Labour government dependent on Scottish MPs for its majority.

With just eight months to go until the vote and the polls narrowing, the Scottish independence referendum (an issue the NS has covered in detail for years) is finally receiving the attention it deserves. The FT has run an excellent series on the subject this week and the Spectator (another title that has long followed the issue) devotes its cover this week to the danger of a victory for the nationalists. 

One overlooked question raised by former Tory MSP Brian Monteith on ConservativeHome today is that of the status of Westminster's 59 Scottish MPs following a Yes vote in September. The current assumption on all sides is that they will be elected as usual in May 2015 before leaving the Commons after the post-referendum negotiations conclude and Scotland becomes an officially independent country (24 March 2016 is the date slated by the SNP, just in time for the Scottish Parliamentary election on 5 May 2016).

But it is easy to see, as Monteith writes, how this could create a "constitutional crisis the like of which has never been seen". The Tories and the right-wing media would revolt against a Labour (or Labour-Lib Dem) government dependent on Scottish MPs for its majority after May 2015, denouncing it as an illegitimate imposition on the rest of the UK. Conservative peer Howard Flight has already suggested that they should stand down at the election in the event of an independence vote; many others in his party are likely to take the same view. Ed Miliband, meanwhile, could face the prospect of losing his majority just 10 months after he becomes prime minister. 

Then there is the question of whether the 59 Scots should be allowed to take part in Westminster votes. Would it be acceptable for them to pass laws governing a country that they will soon no longer belong to? (It is, essentially, the West Lothian question in a more extreme form.)

There are no easy answers to these questions but just to pose them is a reminder of how Scottish independence would leave Westminster in entirely uncharted territory. 

Ed Miliband with Alistair Darling at the Labour conference in 2010. Photograph: Getty Images.

George Eaton is political editor of the New Statesman.

Photo: Getty
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What price would the UK pay to stop Brexit?

The EU could end Britain's budget rebate and demand that we join the euro and the Schengen zone.

Among any group of Remain politicians, discussion soon turns to the likelihood of stopping Brexit. After Theresa May's electoral humbling, and the troubled start to the negotiations, those who oppose EU withdrawal are increasingly optimistic.

“I’m beginning to think that Brexit may never happen,” Vince Cable, the new Liberal Democrat leader, said recently. A growing number, including those who refuse to comment publicly, are of the same view. 

But conversation rarely progresses to the potential consequences of halting Brexit. The assumption that the UK could simply retain the status quo is an unsafe one. Much hinges on whether Article 50 is unilaterally revocable (a matter Britain might have been wise to resolve before triggering withdrawal.) Should the UK require the approval of the EU27 to halt Brexit (as some lawyers believe), or be forced to reapply for membership, Brussels would extract a price. 

Guy Verhofstadt, the European parliament’s Brexit co-ordinator, recently echoed French president Emmanuel Macron's declaration that “there is always a chance to reopen the door”. But he added: “Like Alice in Wonderland, not all the doors are the same. It will be a brand new door, with a new Europe, a Europe without rebates, without complexity, with real powers and with unity.”

The UK's £5bn budget rebate, achieved by Margaret Thatcher in 1984, has long been in the EU's sights. A demand to halt Brexit would provide the perfect pretext for its removal. 

As Verhofstadt's reference to “unity” implied, the UK's current opt-outs would also be threatened. At present, Britain (like Denmark) enjoys the right to retain its own currency and (like Ireland) an exemption from the passport-free Schengen travel zone. Were the UK to reapply for membership under Article 49 of the Lisbon Treaty, it would be automatically required to join the euro and to open its borders.

During last year's Labour leadership election, Owen Smith was candid enough to admit as much. “Potentially,” he replied when asked whether he would accept membership of the euro and the Schengen zone as the price of continued EU membership (a stance that would not have served Labour well in the general election.)

But despite the daily discussion of thwarting Brexit, politicians are rarely confronted by such trade-offs. Remaining within or rejoining the EU, like leaving, is not a cost-free option (though it may be the best available.) Until anti-Brexiteers acknowledge as much, they are vulnerable to the very charge they level at their opponents: that they inhabit a fantasy world. 

George Eaton is political editor of the New Statesman.