There may be a positive to a Scottish Yes vote for the rest of the UK. Photo: Getty
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If Scotland votes Yes, will there be a silver lining for the rest of the UK?

 Scottish independence negotiations could give the rest of the UK something like the civic conversation that Scotland is currently enjoying.

Responding to polls showing gains for the Yes campaign in Scotland, some MPs have suggested postponing the general election to 2016 in the event of a vote for Scottish independence. In reality, there is much more scope for change – and the mischief of suggesting change – than just extending the life of this parliament by a year.

The first issue that the UK government will face, if the result is Yes, is whether to assert that it is, in terms of public international law, the “continuator state”. As such, it would retain its current international status and institutions. This is by far the most likely outcome and it is, for example, what Russia did on the break-up of the Soviet Union.

However, a large number of backbench MPs aren’t that enamoured of some of the UK’s international obligations, whether as a member state of the EU or as a signatory to the European Convention of Human Rights. Theoretically, it would be possible for the UK to throw all of these up in the air by declaring that it is going to become a new state on the secession of Scotland. It’s Brexit by the back door, shedding the influence of the Strasbourg human rights court at a stroke.

Obviously this would be an act of momentous chutzpah and it’s laden with risk – for example, the new UK might be unlikely to regain a permanent seat on the UN Security Council. In the meantime, UK financial markets will probably crash. However, it’s not inconceivable that some MPs will suggest the idea in the excitement following a Yes vote.

More seriously, there is a big question about the role of the UK government and parliament in relation to Scotland during negotiations over independence. Alistair Carmichael, the Secretary of State for Scotland, has suggested that the UK government would no longer seek to act on behalf of the Scottish people immediately following a vote for independence. The logic of this is obvious: it is hard to see how the UK government would feel legitimate making any significant decision about Scotland when independence is merely months away.

To avoid decisions for Scotland resting in limbo, one possibility, recommended by the House of Lords select committee on the constitution, is that the UK parliament quickly passes legislation to transfer further powers to Scotland. This in turn begs a further question. If all significant decisions about Scotland, other than, say, defence, are effectively devolved by the end of this year, then why should Scottish MPs still have the right to vote at Westminster? There may be an agreement that they recuse themselves from all votes and that may clear the way for the Conservatives to govern alone for the rest of this Parliament. After all, without Scottish MPs voting, they would have a majority, albeit a tiny one, even without the Liberal Democrats. Sensing that prospect, the clamour for a May 2016 general election on the Conservative benches may grow.

More than that partisan interest there is a broader argument to be made that the outcome of a negotiation with Scotland should receive some form of popular mandate from the remaining UK. All in all the more formality around the negotiation process the better. The Lords Constitution Committee has recommended that the negotiating team is set up with a mandate from the UK parliament and that it is cross-party – and perhaps even broader – in its composition. A negotiation conducted only by representatives from the UK government is not appropriate to the task in hand, the outcomes of which will echo through the ages.

Putting those to a vote in a general election might even give the rest of the UK something like the civic conversation that Scotland is enjoying during the referendum campaign. Certainly it would prompt wider questions about the distribution of political and economic power across the rest of the UK. Delaying the general election to 2016 will look like putting off an electoral reckoning for the coalition; but it might also give us something very exciting to vote on.

Emran Mian is the director of Social Market Foundation

Emran Mian is director of the Social Market Foundation

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Commons Confidential: Fearing the Wigan warrior

An electoral clash, select committee elections as speed dating, and Ed Miliband’s political convalescence.

Members of Labour’s disconsolate majority, sitting in tight knots in the tearoom as the MP with the best maths skills calculates who will survive and who will die, based on the latest bad poll, observe that Jeremy Corbyn has never been so loyal to the party leadership. The past 13 months, one told me, have been the Islington rebel’s longest spell without voting against Labour. The MP was contradicted by a colleague who argued that, in voting against Trident renewal, Corbyn had defied party policy. There is Labour chatter that an early general election would be a mercy killing if it put the party out of its misery and removed Corbyn next year. In 2020, it is judged, defeat will be inevitable.

The next London mayoral contest is scheduled for the same date as a 2020 election: 7 May. Sadiq Khan’s people whisper that when they mentioned the clash to ministers, they were assured it won’t happen. They are uncertain whether this indicates that the mayoral contest will be moved, or that there will be an early general election. Intriguing.

An unguarded retort from the peer Jim O’Neill seems to confirm that a dispute over the so-called Northern Powerhouse triggered his walkout from the Treasury last month. O’Neill, a fanboy of George Osborne and a former Goldman Sachs chief economist, gave no reason when he quit Theresa May’s government and resigned the Tory whip in the Lords. He joined the dots publicly when the Resolution Foundation’s director, Torsten Bell, queried the northern project. “Are you related to the PM?” shot back the Mancunian O’Neill. It’s the way he tells ’em.

Talk has quietened in Westminster Labour ranks of a formal challenge to Corbyn since this year’s attempt backfired, but the Tories fear Lisa Nandy, should the leader fall under a solar-powered ecotruck selling recycled organic knitwear.

The Wigan warrior is enjoying favourable reviews for her forensic examination of the troubled inquiry into historic child sex abuse. After Nandy put May on the spot, the Tory three-piece suit Alec Shelbrooke was overheard muttering: “I hope she never runs for leader.” Anna Soubry and Nicky Morgan, the Thelma and Louise of Tory opposition to Mayhem, were observed nodding in agreement.

Select committee elections are like speed dating. “Who are you?” inquired Labour’s Kevan Jones (Granite Central)of a stranger seeking his vote. She explained that she was Victoria Borwick, the Tory MP for Kensington, but that didn’t help. “This is the first time you’ve spoken to me,” Jones continued, “so the answer’s no.” The aloof Borwick lost, by the way.

Ed Miliband is joining Labour’s relaunched Tribune Group of MPs to continue his political convalescence. Next stop: the shadow cabinet?

Kevin Maguire is Associate Editor (Politics) on the Daily Mirror and author of our Commons Confidential column on the high politics and low life in Westminster. An award-winning journalist, he is in frequent demand on television and radio and co-authored a book on great parliamentary scandals. He was formerly Chief Reporter on the Guardian and Labour Correspondent on the Daily Telegraph.

This article first appeared in the 27 October 2016 issue of the New Statesman, American Rage