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: André Spicer
Show Hide image

“It’s scary to do it again”: the five-year-old fined £150 for running a lemonade stand

Enforcement officers penalised a child selling home-made lemonade in the street. Her father tells the full story. 

It was a lively Saturday afternoon in east London’s Mile End. Groups of people streamed through residential streets on their way to a music festival in the local park; booming bass could be heard from the surrounding houses.

One five-year-old girl who lived in the area had an idea. She had been to her school’s summer fête recently and looked longingly at the stalls. She loved the idea of setting up her own stall, and today was a good day for it.

“She eventually came round to the idea of selling lemonade,” her father André Spicer tells me. So he and his daughter went to their local shop to buy some lemons. They mixed a few jugs of lemonade, the girl made a fetching A4 sign with some lemons drawn on it – 50p for a small cup, £1 for a large – and they carried a table from home to the end of their road. 

“People suddenly started coming up and buying stuff, pretty quickly, and they were very happy,” Spicer recalls. “People looked overjoyed at this cute little girl on the side of the road – community feel and all that sort of stuff.”

But the heart-warming scene was soon interrupted. After about half an hour of what Spicer describes as “brisk” trade – his daughter’s recipe secret was some mint and a little bit of cucumber, for a “bit of a British touch” – four enforcement officers came striding up to the stand.

Three were in uniform, and one was in plain clothes. One uniformed officer turned the camera on his vest on, and began reciting a legal script at the weeping five-year-old.

“You’re trading without a licence, pursuant to x, y, z act and blah dah dah dah, really going through a script,” Spicer tells me, saying they showed no compassion for his daughter. “This is my job, I’m doing it and that’s it, basically.”

The girl burst into tears the moment they arrived.

“Officials have some degree of intimidation. I’m a grown adult, so I wasn’t super intimidated, but I was a bit shocked,” says Spicer. “But my daughter was intimidated. She started crying straight away.”

As they continued to recite their legalese, her father picked her up to try to comfort her – but that didn’t stop the officers giving her stall a £150 fine and handing them a penalty notice. “TRADING WITHOUT LICENCE,” it screamed.


Picture: André Spicer

“She was crying and repeating, ‘I’ve done a bad thing’,” says Spicer. “As we walked home, I had to try and convince her that it wasn’t her, it wasn’t her fault. It wasn’t her who had done something bad.”

She cried all the way home, and it wasn’t until she watched her favourite film, Brave, that she calmed down. It was then that Spicer suggested next time they would “do it all correctly”, get a permit, and set up another stand.

“No, I don’t want to, it’s a bit scary to do it again,” she replied. Her father hopes that “she’ll be able to get over it”, and that her enterprising spirit will return.

The Council has since apologised and cancelled the fine, and called on its officials to “show common sense and to use their powers sensibly”.

But Spicer felt “there’s a bigger principle here”, and wrote a piece for the Telegraph arguing that children in modern Britain are too restricted.

He would “absolutely” encourage his daughter to set up another stall, and “I’d encourage other people to go and do it as well. It’s a great way to spend a bit of time with the kids in the holidays, and they might learn something.”

A fitting reminder of the great life lesson: when life gives you a fixed penalty notice, make lemonade.

Anoosh Chakelian is senior writer at the New Statesman.