Scotland has voted for the union and for distinctiveness. Delivering both could present acute challenges

Jim-Gallagher

After a dramatic referendum and UK general election, the Scottish remain divided on both independence and on whether to increase tax and public spending, while the English are becoming increasingly vocal in the devolution debate. Jim Gallagher considers the possibilities of a constitutional relationship that will satisfy Scottish aspirations and also be acceptable to the UK as a whole.

This is the second in a series of posts based on the Unit’s latest report, Devolution and the Future of the Union, published here.

Within the last year the Scottish people have said two apparently contradictory things. They want to stay in the United Kingdom, and they want to be represented by the SNP. In Holyrood, the SNP exercise dominant control over both Parliament and government. In Westminster, they will be the overwhelming Scottish voice, but will control nothing.

The partisan politics of the general election have been extraordinary. The Labour vote collapsed, and the SNP showed remarkable skill in building a coalition of voters, some for independence, others perhaps against austerity. But this tells us less about overall Scottish attitudes on either question than meets the eye. Scotland remains divided on both independence and on whether to increase tax and public spending, and not on the lines you might expect. Many independence supporters are anything but high spending socialists.

Constitutional challenges

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Designing a Constitutional Convention for the UK: Getting the details right really matters

Alan-Renwick-thumb

Following the Scottish referendum, most of the main political parties committed to holding a citizen-led constitutional convention to deal with questions over the future structure of the UK. Alan Renwick welcomes these commitments, but argues that a convention will only be effective if it satisfies certain key requisites.

The prospects for a citizen-led constitutional convention in the UK have been transformed over the past twelve months. When I wrote a pamphlet last April arguing the case for such a convention, I was frequently told that, much as my analysis was interesting and the idea intriguing, it just wasn’t going to happen. Politicians care about the institutions that shape their power and they therefore won’t accept processes that give influence over the shape of those institutions to others.

But then came the Scottish referendum – or rather the week of mild panic preceding the referendum, which delivered the ‘vow’ to devolve further powers to Scotland. As everyone acknowledged, that raised big questions about the future structure of the UK as a whole – questions to which there are no obviously correct answers. Faced both with this problem and with the remarkable popular engagement around the referendum campaign in Scotland, most of the main political parties committed to holding a citizen-led constitutional convention in some form. These commitments are now reflected in the election manifestos.

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Is a federal Britain now inevitable?

stierney

Federalism has rarely been seen as an attractive option by the British political class. Yet it may be the only solution to the deep imbalances which will come with radical new powers for the Scottish Parliament if the Smith Commission proposals are implemented, writes Stephen Tierney.

The Smith Commission Report issued on Thursday promises a restructuring of the United Kingdom which may prove to be more significant than the devolution settlement of 1997-98 itself; the acquisition of extensive tax and welfare powers would make Scotland one of the most autonomous regions in western Europe.

Notably the UK’s economic and fiscal coherence has hitherto been a key factor in allowing the asymmetrical and ad hoc nature of devolution to embed itself without any great disruption to the constitutional structures of the central state. With the dismantling of this system it seems that a tipping point might well be reached for our lop-sided and messy system of territorial government. The Smith Commission proposals, if implemented, will have knock-on consequences for several fundamental features of the UK constitution: parliamentary supremacy, the idea of the House of Commons as a national chamber for Britain, possibly the nature and composition of the House of Lords, and the relative freedom of the UK Government in its dealings with the devolved executives. It is perhaps ironic therefore, but I believe also inevitable, that a process which was designed studiously to avoid the federal question will now bring federalism to the table as possibly the only medium term solution to the deep imbalances which will come with further, radical powers for the Scottish Parliament.

How does Smith raise the federal question?

Federalism has rarely been seen as an attractive option by the British political class, and its feasibility as a constitutional project for Britain is certainly not beyond question. But some kind of federal solution will surely be needed to deal with two related issues: the extent to which Scotland’s representation within the House of Commons, so far only marginally affected by devolution (reduced from 72 to 59 by way of the Scotland Act 1998 as amended), will appear ever more anomalous as the Scottish Parliament’s powers expand; and the very real risk that as Scotland becomes ever more detached from Westminster, the Union will become largely irrelevant to many Scots. The latter is far more dangerous since it could well mean that Scottish independence is in the longer term now more rather than less likely. If this is true the unionist parties, which make up the majority of the Smith ‘Commission’ (which was in reality an inter-party bargaining group), risk seizing defeat from the jaws of referendum victory.

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Solomon Grundy does constitutional change: The Smith Commission timetable to transform the Scottish Parliament

stierney

Stephen Tierney expresses concerns over the Smith Commission timetable, highlighting that the speed leaves little time for appropriate due diligence and detracts from the democratic credibility of the process. He argues that there is a need for restraint, and a more independent and inclusive review over a longer period.

In the month of November the Smith Commission is set to draw up the most significant programme of constitutional change for the United Kingdom since 1998. Already the period within which citizens could submit their views on this process has passed; the Commission having set a deadline of 5 p.m. on 31 October.

Such a rapid process runs counter to both the due diligence that is surely needed before any decision is taken to restructure the UK tax (and possibly welfare) systems so radically and the due process which ought to accompany such a seminal constitutional development. Unfortunately the principles of deliberative constitutional decision-making and popular democratic engagement which figured strongly in the recent independence referendum are unlikely to gain much traction in the current rush to change.

The referendum campaign was indeed a remarkable period of citizen empowerment. The turnout of 84.7% is only one dimension of this; in a deeper way many citizens were greatly invigorated by the referendum and the role they had in discussing and ultimately in making such a huge decision. The Smith Commission process, by contrast, bears all the hallmarks of a return to elite-led constitutional change; and it is deeply ironic that the impetus for such a rapid and party-led process should be the independence referendum itself. As the 18th of September approached and the polls seemed to tighten, the leaders of the main unionist parties issued ‘The Vow’, promising more powers for the Scottish Parliament and setting out a firm timetable for change.

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UK constitutional reform: No means Yes?

Meg-Russell

Although a Yes vote would have meant a very obvious change to the existing constitutional structure of the UK, the consequences of the No vote will still be complex and profound. The outcome has already put contentious issues such as the West Lothian question back on the agenda, writes Meg Russell.

This article originally appeared in the Observer. A version is available on the Guardian website.

The constitutional consequences of a Yes vote in Scotland would have been momentous, leading to months – possibly years – of fraught negotiation with uncertain consequences. But the consequences of no for the rest of the UK may, paradoxically, be even more complex and profound.

Since establishment of the Scottish Parliament in 1999 the ‘West Lothian question’ – Scottish MPs voting on legislation not affecting Scotland – and wider ‘English questions’ have rumbled on but rarely reached centre stage. They were temporarily sidelined by announcement of the independence referendum. Had Scotland voted yes, their urgency would have declined. Controversies over Scottish MPs at Westminster would clearly have ended with their departure, however painful that might have been.

A No vote was always going to put these issues back on the agenda, particularly because the status quo ante was not an option. Under the Scotland Act 2012, a No vote was already to hand substantial new powers to the Scottish Parliament, particularly over taxation. During the campaign, political leaders went far further, promising additional devolved powers including on welfare and tax. This has angered Conservative MPs.

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Scotland has voted decisively to stay – now devolution must be delivered

Today’s result came as a relief to many but it is not an excuse for complacency. Jim Gallagher writes that both Westminster and Holyrood must consider the lessons learned from the campaign and start delivering politics for Scotland, not just about Scotland.

Well it’s over. 2 years of campaigning. 5 years of shadowboxing before that. Acres of newsprint, millions of social media posts. TV debates, and family arguments. Street stalls, and chanting mobs outside the national broadcaster. Oh, and truckloads of academic analysis. It’s been a fascinating, exhilarating but also worrying campaign.

But Scotland has finally made a decision. Independence has been rejected, and the UK affirmed. In an extraordinary democratic act, 97% of the population registered to vote and 85% of those voted. The authority that gives the decision is overwhelming. The choice is made.

For many people the overwhelming feeling will be one of relief. They didn’t demand a referendum, and were never part of the Yes project. It was not campaigning that made them worried about the risks. They are Scots who were comfortable in their own constitutional skin, and have now been found to be the majority.

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Will the polls get the Scottish referendum right?

As the Scots goes to the polls Anthony Wells considers to what extent we can expect the outcome to match the predictions.

The Scottish polls at the end of last week and the weekend were broadly clustered around a small No lead. Perhaps a more likely route to a YES victory is if the polls are underestimating the level of YES support for some reason. Over the last couple of days I’ve seen several blogs or articles pondering whether the polls could be wrong, could they be underestimating YES or NO?

It would be hubris to suggest the polls couldn’t be wrong. Obviously they can. At most elections there are polls that perform better or worse than their peers, some of that is better methodology. When the polls are close most is probably just normal sample variation. That’s a matter for another time though, here I’m pondering more about the possibly that all the polls are wrong, the potential for a systemic bias with everyone a bit too yes or a bit too no. This is possible too – think of the way all polls overestimated Lib Dem support in 2010, or most famously how all the polls overestimated Labour support in 1992. How likely is that?

The Scottish referendum is a bigger challenge for pollsters than an election would be because it’s a one-off. In designing methodology for voting intention the experience of what worked or didn’t work at previous elections weighs heavy, and most companies’ weighting schemes rely heavily upon the previous election – if not directly through weighting by recalled vote, in using the data from the previous election in designing and testing other weighting targets. For a referendum you can’t take that direct approach, pollsters needed to rely more on modelling what they think is an accurate picture of the Scottish electorate and hoping it reflects the Scottish people well enough that it will also reflect their referendum voting intentions – it’s complicated because Scotland has a complicated electorate. Scottish voters have two Holyrood votes and a Westminster vote, and they use them all in different ways with different political loyalties. Within the space of a year Scotland managed to be a Labour stronghold at Westminster and to produce a SNP landside at Holyrood – using either election alone for weighting gives a rather different picture of what the Scottish electorate are like, even though you are trying to model the same population. Different companies have arrived at different methods of political weighting to deal with the issue – Survation, ICM and TNS weight by Holyrood recalled voted alone, YouGov weight by Holyrood recalled vote with a nod towards 2011 Holyrood voters who backed Labour in 2010, Opinium weight by Holyrood and Westminster recalled vote, Panelbase weight by Holyrood and European recalled vote, Ipsos MORI don’t use political weighting at all. Despite the variance they have all converged to produce the same sort of result, and that gives me some confidence – if there was a particular skew from being online or from using Holyrood recalled vote we would expect to see different results.

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