Disestablishment of the Church of England may be closer than we think

The idea that there should be a special place within our constitution for one particular religious outlook is increasingly anachronistic.

The British constitution is a curious beast. It can lie slumbering for many years and then suddenly change quite radically. We have seen this happen for example with reforms such as votes for women and the devolution of power to Scotland, Wales and London. What had seemed fixed and permanent turned out not to be so after all.

We may be slowly moving towards such a turning point with the current situation in the Church of England (CofE). Last week the church voted not to allow women bishops. There has been lots of sound and fury from members of the church themselves (64 per cent of the electoral college actually wanted change but they needed a two-thirds majority) and inevitably politicians of all sides even from those MPs who you would ordinarily expect to defend it.

The CofE is currently exempt from equality legislation and there is discussion that this should be addressed. There is also talk of not allowing the bishops to remain in the House of Lords whilst the gender anomaly remains (there is a petition asking for this here). On the other hand there are some who argue that parliament should keep its nose out of the affairs of other institutions.

The primary reason for all of this consternation from those outside of the church is because of the fact that it is established. It is intertwined within our constitution in a way that other institutions are not. So politicians feel a duty to make comments on its composition and potentially even legislate in order to address concerns.

At this point I think it is worth considering the wider problem of the fact of its establishment in the first place. Britain has changed quite dramatically in the last century. Our population is made up of people who practise a plethora of religions and increasingly no religion at all. A survey at the turn of the current century showed that almost half of our population claimed no religious affiliation at all with only around a quarter considering themselves members of the established church. Roughly five per cent are Catholics, and five per cent of the population are now Muslim for example.

With such a religiously diverse and increasingly non-religious demographic mix the establishment of the church is an huge anomaly in itself. At the moment politicians are restricting themselves to discussions about trying to make sure Anglicanism keeps itself up to date and relevant in terms of its internal processes. But I think this latest episode could be the first step along a process of eventual disestablishment.

The demographic trends are not in favour of the church. Across the world there is strong evidence that religion is in severe, perhaps terminal decline. The idea that there should be a special place within our constitution for one particular religious outlook is increasingly anachronistic.

Another factor that is worth considering here too is the view of the current heir to the throne. The Prince of Wales has made it clear that when he eventually becomes King he will not consider himself "Defender of the Faith" as his predecessors have but instead wants to be declared "Defender of Faith". This dropping of the definite article is highly significant and is a sign that our next monarch himself perhaps understands how the current settlement is unsustainable in the longer term.

I appreciate we are probably a fair way away from full disestablishment at the moment. But like with other large constitutional changes that we have seen in the past I would not be surprised if within my lifetime we see it happen.

The wafer-thin loss of the vote on women bishops has just made it that little bit more likely.

A sticker supporting Women Bishops is displayed on a car. Photograph: Getty Images
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Winning Scottish independence will be even harder than before - but it may be the only choice

Independence campaigners will have to find answers on borders, currency and more. 

The Brexit mutiny has taken not just the UK economy and its relationship with Europe into uncharted waters. it has also imperilled the union between Scotland and England. From Sir John Major to the First Minister, both Unionists and Nationalists had warned of it. The outcome, though, has made this certain. The Leave vote in England and Wales contrasted with an overwhelming Remain vote north of the border.

That every region in Scotland voted to stay In was quite remarkable. Historically, fishing and industrial communities have blamed the European Union for their woes. That antagonism was probably reflected in lower turnout - an abstention rather than a rejection. 

The talk now is of a second referendum on independence. This is understandable given the current mood. Opinion polls in the Sunday Times and Sunday Post showed a Yes vote now at 52 per cent and 59 per cent respectively. Moreover, anecdotal evidence suggests even arch No vote campaigners, from JK Rowling to the Daily Record, are considering the option.

The First Minister was therefore correct to say that a second referendum is now “back on the table”. Her core supporters expects no less. However, as with the economy and Europe, the constitutional relationship between Scotland and England is now in uncharted seas. Potential support for independence may be higher, but the challenges are arguably bigger than before. The difficulties are practical, political and geographic.

Of course the Little Englanders likely to take the helm may choose a velvet divorce. However, given their desire for the return of the Glories of Britannia that’s improbable. They’re as likely to wish to see Caledonia depart, as cede Gibraltar to Spain, even though that territory voted even more overwhelmingly In.

Ticking the legal boxes

Practically, there’s the obstacle of obtaining a legal and binding referendum. The past vote was based on the Edinburgh Agreement and legislation in Westminster and Holyrood. The First Minister has indicated the democratic arguments of the rights of the Scots. However, that’s unlikely to hold much sway. A right-wing centralist Spanish government has been willing to face down demands for autonomy in Catalonia. Would the newly-emboldened Great Britain be any different?

There are no doubt ways in which democratic public support can be sought. The Scottish Government may win backing in Holyrood from the Greens. However, consent for such action would need to be obtained from the Presiding Officer and the Lord Advocate, both of whom have a key role in legislation. These office holders have changed since the first referendum, where they were both more sympathetic and the legal basis clearer. 

Getting the EU on side

The political hurdles are, also, greater this time than before. Previously the arguments were over how and when Scotland could join the EU, although all accepted ultimately she could remain or become a member. This time the demand is that Scotland should remain and the rest of the UK can depart. But will that be possible? The political earthquake that erupted south of the Border has set tectonic plates shifting, not just in the British isles but across the European continent. The fear that a Brexit would empower dark forces in the EU may come to pass. Will the EU that the UK is about to leave be there for an independent Scotland to join? We cannot know, whatever European Commission President Jean-Claude Juncker may be saying at the moment. The First Minister is right to start engaging with Europe directly. But events such as elections in France and the Netherlands are outwith her control. 

Moreover, currency was the Achilles heel in the last referendum, and hasn’t yet been addressed. George Osborne was adamant in his rejection of a currency union. The options this time round, whether a separate Scottish currency or joining the euro, have yet to be properly explored. A worsened financial situation in the 27 remaining EU members hampers the latter and the former remains politically problematic. 

The problem of borders

Geography is also an obstacle  that will be even harder to address now than before. Scotland can change its constitution, but it cannot alter its location on a shared island. In 2014, the independence argument was simply about changing the political union. Other unions, whether monarchy or social, would remain untouched. The island would remain seamless, without border posts. An independent Scotland, whether in or out of the EU, would almost certainly have to face these issues. That is a significant change from before, and the effect on public opinion unknown.

The risk that's worth it

Ultimately, the bar for a Yes vote may be higher, but the Scots may still be prepared to jump it. As with Ireland in 1920, facing any risk may be better than remaining in the British realm. Boris Johnson as Prime Minister would certainly encourage that. 

David Cameron's lack of sensitivity after the independence referendum fuelled the Scottish National Party surge. But perhaps this time, the new Government will be magnanimous towards Scotland and move to federalism. The Nordic Union offers an example to be explored. Left-wing commentators have called for a progressive alliance to remove the Tories and offer a multi-option referendum on Scotland’s constitution. But that is dependent on SNP and Labour being prepared to work together, and win the debate in England and Wales.

So, Indy Ref The Sequel is on the table. It won’t be the same as the first, and it will be more challenging. But, if there is no plausible alternative, Scots may consider it the only option.

Kenny MacAskill served as a Scottish National MSP between 2007 and 2016, and as Cabinet Secretary for Justice between 2007 and 2014.