Showing posts with label Guardian. Show all posts
Showing posts with label Guardian. Show all posts

5 December 2015

Kezia Dugdale: no time for a novice?

The admirable John Harris has a piece on Labour in Scotland in the Guardian this morning: "'There's a lot I'm still learning': can Kezia Dugdale resurrect Scottish Labour?" The new Scottish Labour leader has been posted missing since Jeremy Corbyn took over last September, and internecine conflicts on more or less everything broke out in the parliamentary party. The chain reaction of Maoist stunts, bad appointments and feeble speeches has left Kezia gasping for political air, with only five months to go until the next Holyrood election. 

29% of the Scottish public still can't place her. With the head office in turmoil, and the board at war, nobody gives a damn about a branch office pootering on under the leadership of a pleasant but ineffective regional manager. Oldham may have been stoutly defended, but Corbyn's unfocused leadership is doing precisely nothing for his comrades further north. John Harris met Dugdale after First Minister's question time in Holyrood, securing his headline quote from the mildest of mild enquiries about her encounters with Nicola Sturgeon. 

I ask how it went, and she pulls a half-grimace. “It kind of puts to bed any suggestion that how we do politics in the Scottish parliament is vastly different from Westminster,” she says. “It’s still very combative – quite fiery exchanges.” 
Is that to say that when things are like they were today, Dugdale doesn’t like it? 
“Erm… I don’t enjoy it. I endure it. I recognise it’s part of my job, but that’s 10 minutes of my week.” 
Does she think Sturgeon enjoys it? 
“Erm… yeah, I think she probably does. She’s 16 years a politician. It’s taken her a long time to build up the skills and the credibility, and polish the talents that she clearly has. She’s at the top of her game, and this is a chance to show those skills off.” 
And how long does Dugdale give herself before she gets to that point? 
“Look, I’m acutely aware that I’ve just been an MSP for four and a bit years,” she says. “You know? I’m 34 years old. There’s a lot about life, a lot about politics, that I’m still learning. A lot of the things I’m doing as leader, I’m doing for the first time. But there are things I do know a lot about, and there are lots of things I’m incredibly passionate about: education, tackling poverty, female inequality. And on that stuff I’m 100% on my game. But I think it probably does take a wee bit of a while. She’s had 12 years more than I have.”

My first reaction? What a nice, unguarded way Kezia has about her, generous about her opponents with no attempt to gloss or conceal her inexperience or the challenges of her new role. From the outside peering in, it has looked like a steep learning curve. And here we have it confirmed, in Kezia's own words. There's no swagger here, no assertive declarations of unshakeable confidence. No Apprentice style windbaggery. No "I will be First Minister." No "I'm ready, John. I'm ready to lead." 

Compare and contrast with Dugdale's immediate predecessor. "Fighting" Jim Murphy proclaimed from the get-go that he was “applying for the job of First Minister.” He strained every sinew to give the impression of being a scrappy and aggressive alpha. It is a good and sweet thing to wear elderly soccer shorts for your country. By his perished elastic shall ye know him, the chosen one. He fears not the Nats nor the dark of the night. Our knight and deliverer. A runner. A striker. Amen.

Dugdale is - thankfully - above ludicrous escapades of this kind. She is self-aware. She doesn't bullshit. She doesn't radiate that toxic sense of complacency and entitlement which for so long characterised Labour politics in this country. Dugdale's unstudied candour may make you think better of her. But with just months to go until the Holyrood election, with just months left to persuade the Scottish people that Sturgeon should be evicted from Bute House -- isn't this just a little naive? The public are a capricious lot. Honesty, yes. A virtue. A bit of humility too goes far. And self-doubt, in healthy quantities, is essential. But you also need true grit. Steadfastness. Guts. Naïfs and novices need not apply. 

30 October 2014

Murphy expects: Ritual disembowelment?


Just a short and grubby blog today. With the news that Jim Murphy intends to enter the Scottish Labour leadership fray comes the intelligence that, according to the Guardian:
"Some senior colleagues believe that a Labour MSP who plans to retire in May 2016 from a safe Labour seat could be persuaded to stand down earlier and allow a byelection to take place on the same day as the general election in 2015."
Other newscasters are also reporting that Murphy himself seems to have raised the idea of a 2015 by-election in a Holyrood constituency in launching his campaign. The expection, presumably, that one of his more lumpen and loyal colleagues will helpfully commit political harakiri, sweeping the lugubrious Jim to Scottish office and allowing him to put questions to Nicola Sturgeon every Thursday going into the 2016 election. 

All I can say is: good luck with that one, Jim. Under Schedule 2 of the Scottish Parliamentary Pensions Act 2009, MSPs demitting office are entitled to substantial resettlement grants if they serve as sitting MSPs at parliament's dissolution but are not returned by the grateful electoral. And here's the nasty snag. If you demit office before your term as MSP is through, you forgo this payment. You "resettle" yourself through resignation, and must fend for yourself financially. Bill Walker won't have got a penny. 

And we're not talking about small beans, here. The rate of an MSP's grant is at least half their salary - and more if they've put in long service, where the formula is their years of service in the parliament divided by twelve and multiplied by 100 (up to a maximum of twelve years in hock). To pluck one example entirely at random, take Ken MacIntosh.

First elected in 1999, MacIntosh will have sat in Holyrood for 17 years by the end of the parliament's 2016 term. If the Eastwood MSP prostrated himself on Murphy's altar, and took one for the team, he'd be forgoing 100% of his annual MSP's salary in a generous payoff - about, what? - £58.000? Even the meanest Labour numpty, despatched to the Scottish Parliament accidentally in 2011, is entitled at least £29,000 - but only if they go into the 2016 Holyrood election still in office. What a wizard scheme. What noble sacrifice. 

So the question is this. Which Labour MSP is daft or loyal enough to let Jim Murphy pick their pocket of several thousand pounds for an early by-election?

Greater love hath no man than this, that he lay down his resettlement grant for his leader, as they say...

16 September 2014

Gramsci's dictum

This morning, the Herald come out against independence, arguing that a federated Britain, with greater Scottish autonomy, is the precondition for its endorsement of continuing Union. They conclude:
"Substantive autonomy for Scotland's parliament and government could unify Scotland. Such autonomy is not merely an aspiration: it is a demand."
In its critique of the Yes campaign, the paper notes that:
"Antonio Gramsci, the Italian philosopher and politician, famously advocated pessimism of the intellect and optimism of the will. The Yes campaign, understandably, has emphasised the latter but effectively ignored the former."
The newspaper's case is characteristically lucid, reflecting some of the ambivalences I was blogging about yesterday. But given the state of the Westminster debate on "more powers", and the precariousness of the editorial's own reasoning on this question, you've got to wonder whose intellect is insufficiently pessimistic. Cutting to the heart of it all, the paper today endorses a No vote on the basis that Scotland must secure a form of devolution which nobody is offering, and which nobody in UK politics has ever shown any willingness to part with. Now that's what I call optimism of the will.

Let's survey the evidence. Nobody, not a single political party in this country, is offering, has offered, or shows any coherent willingness to embrace the kind of reform the Herald say is the precondition of their backing for the Union. Labour, the Tories, the Liberal Democrats - every one has been given umpteen opportunities to realise a more extensive devolution. Between 2009 and 2012, the great grey federalist hope, Gordon Brown, and his Downing Street successor, knocked back almost every Scottish Government proposal to elaborate Holyrood's economic powers and authority over social security and welfare.

No crown estate revenues, no allocation of oil revenues, no corporation tax, limited income tax powers, no pensions, no minimum wage, no housing benefit, no jobseekers allowance, no disability benefits. Some borrowing powers and the ability to ban airguns is all very well, but it was hardly a radical endorsement of Scottish autonomy. These gentlemen were in high office. They had the parliamentary draftsmen at their beck and call, to deliver a bolder autonomy to Scotland. They were invited to do so. They declined. So what's changed in a couple of years? All three Westminster parties had their chance, had multiple chances, and at every turn, all three have chosen to cut minimalist deals, preserving Westminster's prerogatives, leaving the centre of British politics unreformed.  

Perhaps they've had a change of heart? If so, they've kept the news gey quiet. In the course of this campaign, all three parties scurried off to their libraries and redoubts and came back with platforms for greater devolution. But all produced platforms which are still more readily described by what they refuse to devolve to Holyrood than the powers Westminster is willing to part with.

Still bugger all in the way of welfare autonomy, and a still undisclosed, unagreed degree of flexibility in the collection of income tax. And that's more or less your lot. The Institute for Government produced this vividly illustrative chart, comparing the balance between devolved spending and devolved revenue control in all of the scenarios currently under discussion. The discrepancy between the parties' offers and maximalist devolution should be particularly noted.



And then there are the practical considerations. Even the family magazine of the Conservative establishment report that Cameron's unruly band of backbenchers aren't happy with the idea that their status quo has been "swept away" without so much as a by your leave, and can be expected to cut up rough.

The Labour Party's case for the union has, if anything, amplified their "one nation"  rhetoric, placing critical emphasis on the idea of British uniformity in social provision. Their instrumental case for a No vote is, in essence, having the same benefit entitlements in Carlisle as you do in Cumnock. Against that background, without junking a half decade of rhetoric and thinking, it is difficult to see how Labour could ever coherently endorse the "much greater fiscal devolution and powers of decision-making in areas such as welfare" which, in the Herald view, is the precondition for folk considering a No vote. 

Without a radical transformation of attitude for which there is no evidence, and with no detailed or categorical commitment in these panicked last weeks of the campaign, all the evidence suggests that both key parties in Westminster remain inveterately opposed to shelling out anything approaching the kind of autonomy the Herald demands. Minimum bribe level: one turnip. Vote No.

And it is apparently the Yes campaign which has failed to observe Gramsci's dictum? Fetch Sancho Panza and a mule: the naive federalists of the Herald, Guardian and the Scotsman have a few remaining windmills to tilt at. I can understand the frustration, the sense that a better Britain ought to be possible, capable of accommodating Scottish aspirations for greater autonomy.

But but for the nervous gestures, the manipulative and hollow trick of rechristening bloodless Calman-plus plans "devo-max", and hastily drawing up a timetable to realise these very, very limited new autonomies, none of this has any credibility. A federated United Kingdom is a plan without a constituency, without a committed political proponent, without any depth of support across much of Britain, running contrary to the declared instincts of politicians from both big London parties, faced with a dizzying array of rhubarbing and powerful dissenters on both the Labour and the Tory benches.

 Whur's yer pessimism of the intellect noo? 

15 September 2014

The faltering Old Music...

It is all getting a bit fraught. It was always going to, but you can feel it, the pot simmering as we get close. It has never been more important for folk on all sides to keep the heid, but also, perhaps, to remember a human faculty which has sometimes been neglected in this process and is most at risk in its dying days: empathy. 

Put away the caricaturist’s sketch. Don’t be tempted by the grand generalisation. Yes or No, win or lose, in the course of this campaign I've met countless good people of goodwill on both sides, explaining the world as best they understand it, balancing complex values, doing what they think best.

We've got to keep hold of that, as the temperature rises, and our perspective wobbles. If there is one lesson of the narrowing polls, it is that the boundaries between us are porous. This isn't a moment in which you're going to hear a lot of ambivalence articulated on the airwaves and on telly, but many of the folk I've met, out and about this weekend, embody this swithering sense precisely: even those who've made up their minds to vote Yes and No.

“The independence referendum: my journey into indecision.” The confessional has arguably become the characteristic genre of referendum literature as we hurtle down the slope towards Thursday’s final big decision. In a religious sense, confession is an opportunity to own up to your weaknesses. In Scottish politics, however, this superabundance of confessions characteristically explain unexpected conclusions, often reached by Damascene routes, often in convoluted archaeologies of self, unearthing surprising discoveries and ambivalent feelings. They have more in common with the psychiatrist’s couch than the cleric’s box. Most of these confessions are written with a certain sense of surprise about their contents. This appeals to me.

In the street last week, I bumped into an acquaintance, a lady from a working class background in Leeds who has, with considerable reluctance and surprise, finally hopped into the Yes column: someone who never imagined that she’d participate in a vote on Scottish self-determination, never mind endorsing it. In Glasgow, I encountered the Spectator’s Fraser Nelson, in newsboy’s jaikit, dishing out free copies of his magazine, calling on Scots to reject independence. The gaucheness and sincerity of the scene made me feel quite fond of him, despite our political differences. It’s a funny old referendum.

The poll, in a public sense, represents an attempt at a major conversation about public and political goods in Scotland and the UK. But for many folk, it has been a public process driving a personal dialogue – and private process of clarification – about their own feelings, commitments and priorities. If there is one lesson to be taken from the Guardian’s recent polling, the two campaigns have to a great extent talked past one another, peddling their preferred frames of political reference. 

For many, I know this has sometimes felt like hard, uncertain digger’s work, trowelling away in the murk, slowly clearing away the sediment, till you strike home hard on a point, till you snag on something solid. I’ve seen these processes at work in my own family, all Yessers, but the sense of conviction has undoubtedly intensified, as the day approaches. I’m reluctant to describe this as being radicalised, given the problematic freight that term now carries, but it represents a gradual and unexpected realisation about what your political priorities are and the intensity of your feelings about them. 

Clarified may be a better way of putting it. My friends have swithered. Like most folk’s friendship circles, there are sceptical folk inclined to vote Yes and No, hardened proponents and opponents of independence, whether on grounds of identity or politics or perceived economics. But the referendum process has undoubtedly focussed minds, the doing of it gradually illuminating what folk care about, and why.

Many have found themselves swayed towards independence, quietly, despite themselves, by the character of the campaign and the quality of its arguments. The No campaign and its new wave of advocates are still talking about Scots needing to “wake up”. They allege that the impulse to vote Yes is an expression of “anti-politics” rather than clear-sighted understanding, that it is rooted in a flip or childish reaction, rather than a well-considered conviction, born of political self-education, consciousness of the risks, challenges and opportunities of independence. That's not my experience.

And most of us are large enough to contain multitudes, to see some of the logic and feeling on the other side, and share in some of their ideas and affections. Massie gets this precisely right in his recent affirmation of his intention to vote against independence on the 18th, surprised by how much Britain means to him, moved by sentiments sloshing around, unclarified once, once undetected, suspected perhaps, but never brought out full out into the open – until now.

Yes, it is also about perceptions of risk and opportunities, political, economic and social, about doability and desirability. But without sounding too much like an economist, in reaching a decision, for most folk, it is about which compromise to strike. Yes, I feel a bit British, but how do I want to be governed? Is there any realistic chance of realising the politics I want to see within the current constitutional set up? Sure, the way the UK works at the moment is dismal, but I want to stay part of it, somehow. Shouldn’t we give it another chance? I don’t want to be governed by the Tories, but is an independent Scotland going to be able to pay its way? Which sets of values and concerns should I privilege, come the day? For some folk, one or other of these views with have a diamond hardness. Over the weekend, I met another old soldier who was a British patriot to his bootstraps, and not to be persuaded. I didn't try. But most folk I encounter see far more shades of grey.

It may be difficult to detect in Better Together’s final deluge of negativity, attempting to relitigate the tried and tested question of whether an independent Scotland is even viable economically, but this commonness gives me great hope for us after the millions of ballots are assembled and counted on the night of the 18th of September. Much has been made about the referendum’s divisive and polarising effects. Some folk, notably the Scottish Labour Party, have felt this more keenly than most. I'm sure it has been difficult for some. But for me, the lesson of the last few years is that most of us have much in common, but we divide sharply on the means by which these common concerns should be addressed.

Although we will make a binary choice on Thursday, it is an incomplete story. Much distinguishes the many folk endorsing independence both tepidly and enthusiastically, and much unites those who will find themselves voting Yes and No on the 18th of September. For me, to vote No is unthinkable, and as a consequence, in a funny way, only thinkable. Unlike many folk, over the last four years, I’ve made no real constitutional journey. Because my ballot was cast in principle long ago, and I’d never seriously consider voting against independence, this campaign has been an opportunity, more than anything else, to consider the boundaries of this conviction. To try to work out why, beyond the rhetoric and the sloganising, the slick cases and the accepted terminology, I feel like I must etch an X in the Yes box on Thursday. 

And here, my heresies begin. As I have written before on the blog, I have a weight of family inheritance on the independence question. My ancient old great-grandfather pulled our family into the SNP from the party’s origins. The loyalty stuck. My granny went to her grave with an SNP symbol on the order of service. But that’s an ambivalent inheritance, and by no means a binding one. The dead have no say in tomorrow, however honourable or sincere their political feelings were, however much we benefit from their forgotten agitation and effort. We must make our own choices, today.

Intellectually, I'm sympathetic to the achievement of a multi-national state. The old Polish-Lithuanian Commonwealth, even the Union: the principle that folk with different identities can cooperate strikes me as an attractive one, and a principle perhaps worth preserving. Some folk on my side of the constitutional fence argue that the “natural” state of a nation is independence, as if the stitchwork of the United Kingdom was Dr Frankenstein’s work: I disagree. There is nothing natural or inevitable about nations, or the desirability of their independence. Yes, Britain is a muddle, but I'm yet to hear a persuasive indictment of that muddlement, which doesn't amount to a Jetsonist tendency to laud some vague "modernity" for Scotland. I can't endorse independence on that prospectus.

We build nations. They are socially constructed. I don’t mean that in the flippant way in which the phrase is often used – that nations are a delusion, an illusion which sensible people have no truck with – but in the sense that we build and sustain them through social action and cognition: they don’t spring from our flesh and blood. We imagine them into life, generating their boundaries, porous or otherwise. They can do good and bad things, and all have brighter and darker sides and potential.

Some folk on the No side have argued that Scottish nationalism is a unique pathology, pushing the country along the road to authoritarian government and heaven knows what. This too is codswallop, elegantly nailed by Fintan O’Toole last week. The Yes campaign is normal, in the narrow sense that it articulates a basic, respectable desire for self-government and responsibility, a desire rooted in an idea of democratic decision-making and political self-organisation. It respects the fact that political ideologies are important, and can (and perhaps ought to) diverge, and those divergence could and (perhaps) should be given institutional expression.

This insight is also the kernel of the 1980s Claim of Right. The Yes campaign may amplify its logic further than some proponents of Scottish devolution are comfortable with, but the arguments for independence are cognate with those agitating for greater powers for Scottish democratic institutions. Yes voters take them a stage further – no quibbles from me on that score – but they spring from a similar place in principle. Yet in this campaign, the Labour Party have, very unsystematically, been laying political powderkegs beneath their own increasingly incoherent thinking on devolution. Indeed, the party have been stoking up a rich store of political problems which will outlast the result, come what may next week, but it has been striking how vigorously its key proponents have junked and scorned thinking central to the devolution project.

In their rush to toss around damning epithets, the No campaign often miss out the positive potential of nationalism’s Janus faces, playing the lawyer’s trick of relabeling that positive dimension “British patriotism”, and sinking the potentially unattractive dimensions of British nationalism into the permafrost of the unconscious. I have friends who are thoroughgoing anti-nationalists who reject any political thinking premised on nationalist concepts. I respect the coherence of that. What I cannot respect, however, is the refusal to reckon with what has become the No campaign’s primary positive case for the Union – British nationalism.

Some folk will think that messy combination of identities is worth preserving. In some ways, it appeals to me too – though I’ve never really felt British, and like my Irish pals, seemed to get on fine during the many years I lived in England being a plain Scotsman from the already-near-abroad, without sharing Westminster government and all that entails. But disguising this British nationalism as a sort of internationalism-in-one-country lacks any credibility. It is a neat trick, to conflate the multi-stranded identity Massie articulates with internationalism, but it isn’t a convincing one. It tries to get out of the conceptual bind which anyone making nationalist arguments ought to face up to: all nationalisms are integrative and disintegrative, premised both on inclusion and an exclusion. That’s unavoidable. For the selective anti-nationalists, Britishness is only redemptive and civic, while Scot Nattery represents only the bum end of nationalist thinking. 

As the force has gone out of the Labour-dominated Better Together campaign's instrumental case for the Union, this is what we're left with: with talk of foreigners. For me, a vote for independence isn't a vote against complexity, but for a different kind of complexity. It isn't about separatism but finding new, more functional, more satisfactory ways to work together. It isn't about a hard, self-contained conception of sovereignty, but about refashioning those valuable bonds and ties between us, on a more equal footing.

I've come to realise that I support independence with some regrets. Part of me wishes Britain was reformable and rescueable, but I'm profoundly pessimistic. It is, no doubt, an overstatement to say that its capacity to reinvent itself is "spent", but the omens don't look good. A radical renovation of the UK from the inside would put me in a sticky place, but there are few serious indications that such a transformation is attainable or desired without independence.

While you can understand the longing lying behind the Guardian and Scotland on Sunday editorials against independence last week, they have an deep air of unreality, preferring the magic primrose path to candyfloss castle, to any serious engagement with the realistically attainable and the possible.  Federalism is not an idea whose time has come, but a proposition without advocates, without support, with shallow political roots in a moment of panic.

It was difficult to explain, to English friends in Oxford, that it was nothing personal – quite the opposite. Alex Massie is happy to have that inchoate, beguiling feeling of muddled togetherness trump concerns about how Scotland and the UK is governed, and which parts of our society it serves. I am not, but I can understand where he’s coming from. In voting Yes, and voting No, we’re striking a different compromise.

The porousness of the boundary between the two has both confused and put the fear of God up Westminster, but it shouldn’t be surprising to folk who’ve been paying attention to this process in recent years. The two choices aren’t a million miles apart, but the either/or nature of the poll doesn’t admit of such subtleties. In these last few days of this campaign, we shouldn’t be overwhelmed by that simplicity, and forget the wider commonalities of sentiment and aspiration which this referendum has identified.

I can’t in good conscience say that sacrifices won’t have to be made if we vote Yes (and by some folk more than others). Part of me will feel profoundly sad for folk like Chris Deerin, Adam Tomkins and other articulate proponents of Union, if Scotland does vote Yes next week. No legerdemain about Britain being a geographical concept can or should soften the initial blow. We Nationalists should at least reckon with, and recognise that.

The other day, when YouGov first reported a Yes lead, I was on the cusp of texting a Unionist pal telling him to “chin up” before realising how misplaced and odd that sentiment would be. The text went unset.  Yes, the idea of Britain isn’t exhausted by our shared political institutions, but nor is it entirely separable in the way some advocates of independence have suggested. The concept of the social union expresses an important and credible sense of how much we have in common with the other nations of Britain, and how little that is imperilled by independence.

But we need to reckon with the loss some of our citizens will feel. Nothing in that loss inhibits me for a moment, from urging folk to support independence for a better kind of democracy, winning the powers to tack our own course and set our own priorities, a responsible state and a politics capable of reflecting our ideals. The people will speak on that question, and have ample opportunity, if they wish, to strike a different compromise between their competing values. 

I never thought we would win this referendum. In my gloomier moments, I wondered if we’d even come close. Now and then, there have been flashes of optimism, as the No campaign let golden opportunities fly by, neglected critical lines of argument, even when the first clutch of Yes posters sprouted in windows across the south side of Glasgow. Silly, I know, but that visible sense of political comeradeship affords a wee lift. My pessimism throughout the campaign has been pretty overwhelming. To burst into the final, fretful week more or less eeksy-peaksy always struck me as improbable, yet here we are. We can do it. That's thrilling, and it is anxiety-pinching.

I’ve spent much of my life in institutions and environments, where support for Scottish independence was unthinkable, even ridiculous, a minority pursuit easily and unsympathetically caricatured. I know some folk on the No side are smarting right now, gripped by a sense of mortal dread. In that bewilderment, as the old certainties collapse, hard things will be said. Don't take them to heart. They're understandable.

But it isn’t our fault that the old music isn’t what it once was. It isn’t our fault that you’ve struggled to make the old sang shine, and all too frequently, can only remember a few attenuated bars. Nobody’s been stopping you from making that case; nobody has silenced you. You’ve clearly found your own authentic voice difficult to find, but that’s your problem, nor ours. I’m sorry you feel this way, but I tell you this: things aren’t as gloomy as you think they are, folk aren't nearly so far apart.

13 April 2014

Green shoots & silver linings

I've always been a bit more pessimistic about the likelihood of carrying the referendum than many of my independence-supporting fellow travellers. But as I argued on BBC Good Morning Scotland on Friday (from around 02:08:00), there are increasing reasons for pro-independence folk to be optimistic.

Winning independence this time around always seemed like one of politics' longer shots. Any realist couldn't but think otherwise. It is sometimes easy to forget that the 18th of September 2014 represents a premature encounter between Scottish Nationalism and its ambitions. On Holyrood polling day in May 2011, it was clear that Scottish Labour was in its dumps, but the extent of the drubbing they received surprised everyone, themselves not least.  It was assumed that whatever national trends formed in the polls, Fortress Glasgow and urban west central Scotland would continue stubbornly to resist the appeals of a Nationalist government in Holyrood. 

Not so, it transpired. The proportionality of our electoral system coughed, sputtered and died, and the SNP returned to power, winning 53% of the seats on 45% of the vote. Factoring in the pro-independence Greens and the late-lamented Margo, parliamentary support for a referendum vaulted from its status as a minority enthusiasm between 2007 and 2011, into the dominant feeling in the chamber. But out in the country, by contrast, support for Salmond's administration could not be taken as an unproblematic endorsement of the First Minister's constitutional ambitions. 

On polling day in 2007, on the doorstep out in Govan, I met an anxious old dear who was clearly tempted to lend Nicola her support, but who remained unconvinced by independence. "If I vote for her, if they win, we won't become independent right away will we?" The SNP's commitment to a referendum gave us an easy answer, alleviating her concerns. Before it was seriously in prospect, polls continued to show that little over a third of Scots willing to endorse the party's constitutional goals.  While the installation and credibility of an SNP government in Holyrood has undoubtedly done something for the plausibility of self-government in an independent state, the continuing popularity of the Nationalists has not - as some hoped - straightforwardly powered forward support for independence.

In parallel, internal debates in the SNP between "fundamentalists" and "gradualists" have essentially petered out, replaced by an orthodox commitment to constitutional salami-slicing, gaining more and more power for Scottish institutions by slow degrees. Regard for the caution of the Scottish public undergirds this strategy. Without a parliament, government or a distinct Scottish exchequer, embracing independence really would represent a leap in the dark. But accrue more power, establish distinct and credible political institutions - and the gulf between independence and the status quo requires only an imaginative hop skip and a jump - and a little bit of luck - to bridge.  

Tam Dalyell argued, notoriously, that devolution put Scotland on a motorway towards a separate state, with no turn offs and no exits. That's much too fatalistic for my tastes, but Nationalist gradualism strives to keep us in the constitutional fast lane, applying judicious force to keep the engine at full throttle. But in some respects, September's referendum sits uneasily with this incrementalist thinking towards independence. While Holyrood has extensive powers, substantial authority over taxation and welfare continues to allude it. The political leap we are inviting the Scottish people to make in the autumn is narrower, far narrower, than the case made before devolution, but it'll still significantly exercise the hamstrings.

Although a loss would represent a generational set-back, the constitutional penny-shaving can continue unabated. Without the referendum, it is unthinkable that Labour and the Tories would now be talking about and committing to further redistributions of power.  For the gradualist Nationalist, utterly fatalistic about our chances of victory in the autumn, the referendum process performs critical tasks, irrespective of its outcome. It has clamped their - less than enthusiastic - fellow drivers' feet down hard on the accelerator taking us along Tam's highway.

More diffusely, win or lose, this referendum also represents a generational mainstreaming of the idea of independence.  No longer the crackpot scheme of Culloden-addled gentlemen in marmalade tweeds, by the 18th of September every citizen from coast to coast will have been invited to take the prospect of an independent Scotland seriously. Even on the worst of the opinion polls, many and most will do so. That thought is unlikely to butter many parsnips in the Nationalist gloom and despond after a No vote, but seen through the wider historical lens of the last eighty years, that too is an achievement on which future generations can campaign and build.  Even this gloomy worst-case scenario is not without some delicate motes of light.

But increasingly, I find myself more optimistic, less in need of these consoling thoughts. The conjunction of factors is such, that the case for independence is looking as healthy as it ever could be at this stage of the campaign.  That this is the case is, partly, attributable to the wily calculation of Nationalist strategists, but we're also proving lucky in our opponents.

The coalition's miserable and alienating government programme continues. The SNP have nabbed the "no mandate" argument which Scottish Labour MPs used to toss Maggie's way, framing the debate around a simple question, about who you would prefer to take the key decisions on taxation, social security, and the rest. Their opponent's motto - Better Together - suggests similar questions. Better in what ways? Better how? Set against the background of the current Westminster government, that is an awkward question for the Labour-dominated No campaign to answer convincingly. And as I've argued here before, the undefered UK general election campaign cannot but put massive pressure on the internal congeniality of the No coalition in the last stages of this campaign.

On the radio on Friday, the Guardian's Severin Carrell argued that we've seen nothing yet, and the sinewy, crouching tiger of the Scottish Labour campaign is poised to spring into life. But the underground grapevine tells it differently. Committed Labour cronies tell a consistent story of activist disaffection and disengagement. Pro-Union Tories bitch about their hated colleagues' uselessness and inactivity. While the Union clearly has some ardent partisans in the People's Party, the enthusiasm for No is anything but general. We didn't enter politics to talk about the constitution, we're not going to campaign till our shoes are hulled and our feet are callused and broken for it either.

Irrespective of the electoral mathematics, gelatinous Ed Miliband continues to look an improbable candidate to lead the nation, and certainly no shoo-in after the next UK general election. Labour's devolution offer, a crucial opportunity to reclaim a bit of ambition and initiative, foundered on the shoals of its own small-mindedness, partisanship and incoherence.  A critical opportunity for the No campaign, squandered. The waxen form of Nigel Farage looks set to stub out his fag on all of the other UK parties in the European elections, putting pressure on the policies of both Labour and the Tories, tempting both towards UKIP's brand of right-wing, "right-thinking" populism.

The pat answer to these factors is that Scots aren't terrifically bothered about devolution, and don't give a fig about the European elections, which perhaps has a pinch of truth if you consider the electorate en bloc. But winning this referendum is about accumulating the 50.1% coalition. If 5% of folk care about the European ideal, and can be persuaded to attach that ideal to support for independence, we inch forward. Many and most may not have clear ideas about how devolution distributes powers between institutions in these islands. But if 5% can be persuaded to endorse independence in the absence of a substantial and credible alternative offer, we nose ahead.

You could feel the green sap rising at the SNP conference this weekend. Horrid, dirgeful cynic that I am, I can feel it too. Darn tootin', comrades. We might just win this one.

12 February 2012

Study reveals average SNP member is "stunted Jacobite bogle"

There's a splash in this morning's edition of the Scotland on Sunday, reporting findings from research conducted by Professor James Mitchell and Dr Lynn Bennie, on the demographics of the SNP membership.  Including topline findings on attitude to the death penalty, NATO and homosexuality, the report dawdles behind this cutting from Saturday's Kinlochbervie Chronicle. It transpires that Scotland is awash with researchers, scrutinising the composition of the party of government, its peccadilloes and preferences. Ecclefechan reports...

Study reveals average SNP member is "stunted Jacobite bogle"
Ecclefechan Mackay (MA), Political Correspondent

He is four foot three inches tall, is devoted to the House of Stuart, and whenever anyone invites him to remove his bobble hat during Scotland's only warm summer day, he takes it as a personal insult – say hello to the Scottish National Party’s everyman. The comprehensive dissection of the SNP’s membership in a new academic study reveals for the first time the political, ideological, and personal make-up of the thousands of low-slung atavistic hobgoblins who have helped the party to power at Holyrood.

The study, conducted by Dr William Augustus of Cumberland University, involved distracting SNP members with a "shiny groat" while persecuting them with a series of increasingly personal questions, from their attitudes towards a range of aberrant sexual practises to the precise length of their inseams. 

The questionnaire was carried out between February 1707 and March 2012. It shows that nearly a quarter of members (5 per cent) had joined since 1745. Despite expectations of a young and vital movement, the shock study reveals that 88.2 per cent of the six people who responded to the study were male, while the average year of birth came out at 1724, two key conclusions the book’s author had not anticipated. To the dismay of the party leadership, the study also discovered that retired Skye boatswain, Flora MacDonald, 290, remains the SNP's only paid-up female member to date. 

Controversially, the study also found that only 19.7% agree with an independent Scotland retaining the Hanoverian succession. The membership's continuing commitment to the rightful sovereignty of the King over the Water will be a disappointment for Alex Salmond, who is perceived to have moved the party in a pro-Hanovarian direction. 

Interpreted as an attempt to distance himself from the effete scions of the House of Stuart, the First Minister was widely photographed widely last year, consuming a coiled, peppery sausage during an unofficial visit to Cumbria. Salmond also sought to use his Hugo Young lecture last month to emphasise what one government spokesman described as Salmond's "Hanovarophile passions". Interrupting his keynote address after just ten minutes, the First Minister produced a portrait of Queen Anne, and proceeded to oggle her suety phizog in lascivious silence for a flattering five minutes. The specially-invited audience of Guardian grandees variously described the display as "impressive" and reassuring", with Guardian editor, Adam Humbugbridger, assessing Salmond's performance as "breathtaking", adding "he really is the foremost pro-Hanovarian politician in Britain today".

Asked about their preferred candidate for the Presidency of an independent Scotland, 98.8 per cent of SNP members supported Corrie-bagging rambler Tom Weir, while fifty one per cent of party activists identified their favourite flavour of nun as "carmelised". Dr Augustus' survey also shows that two thirds of members (45 per cent) go border reaving at least once a year, donating on average two head of black cattle to head office annually.

Contacted last night, a Scottish Conservative Party spokesman said "Nobody will be surprised by these findings. Anyone who has seen an SNP conference on the telly knows that the party consists entirely of diminutive wool-clad kobolds."

25 January 2012

#Indyref: Salmond's discreet legal concessions...

Just a brief(ish!), instant reaction of Salmond's statement in Holyrood, launching the Scottish Government's consultation on the independence referendum.  Last night, I had the opportunity to attend Alex Salmond's Hugo Young lecture at the Guardian in London. In the course of his address, Salmond said:

"... our starting point in all of this is that the Scottish Parliament ultimately has the mandate to determine the referendum process. Westminster legislation which dictates rather than enables would not just be unacceptable to the Scottish government. It would be contrary to the rights of the people of Scotland."

In the subsequent question and answer session, I managed to get my paws on the microphone, and asked the FM the following question (more or less). Salmond says the Scottish Government won't accept conditions being imposed by the Westminster government. We needn't be vague about what those conditions might be. Michael Moore's consultation includes a draft Order in Council, which would empower Holyrood to hold a referendum on independence, but which would explicitly rule out the possibility of Holyrood asking any second question about "devo-max", more powers, or all powers short of foreign affairs and defence. That being the case, it seems to me that the key question is: how committed are the SNP to having "more devolution" on the independence ballot? Practically speaking, would Salmond prefer (a) a simple yes-or-no independence referendum that is legally secure or (b) a multi-option referendum, including devolution-max, which would not enjoy legal security, and would almost certainly face legal challenges? While the First Minister's response was engaging, as he typically is when speaking extemporaneously, he neglected to furnish me with a direct answer to my specific question. 

Perhaps today's consultation document from the SNP government would suggest a clearer clue? From the legal point of view, the first introductory chapter of the document has the greatest interest.  Unsurprisingly, the Government remains bullish about the independence referendum's legislative competence. Even more strikingly, they distinguish between the legal uncertainty which might engulf an independence referendum - which if you read between the lines, they basically concede in this paper - and a referendum asking about "more devolution". 

1.6 What is not in question is the competence of the Scottish Parliament to legislate for a referendum about changes to the powers of the Scottish Parliament within the framework of devolution. Legislation to hold a referendum on "devolution max" for example (see paragraph 1.25 below), is clearly within the existing powers of the Scottish Parliament.

Little ink has been expended on this blog or in the press about whether a devo-max referendum would be within the parliament's legislative competence or not. Presumably, the Scottish Government view is that since devo-max doesn't "relate to" the Union, it doesn't share the legal uncertainty surrounding the competence of an independence referendum.  This isn't the place thoroughly to scrutinise this argument, but it is worth mentioning in passing that Schedule 5 of the Scotland Act 1998's list of reserved matters includes "the parliament of the United Kingdom", which is arguably implicated in a purposive interpretation of whether legislation "relates to" matters reserved to Westminster, making things rather more murky than this consultation document implies.

More immediately interestingly from a legal and political point of view, one conspicuous feature of this consultation is that the SNP have altered the proposed question.  Take a look at the draft ballot paper: "Do you agree that Scotland should be an independent country?" A clear, concise, unambiguous question. Welcome for it. What is significant - very significant - is how and why the proposed question has changed since the party's first term in office in Holyrood.  Back in 2005, the SNP were proposing to put the following referendum ballot to Scots: (Annex B)

The Scottish Parliament has decided to consult people in Scotland on the Scottish Government’s proposal to negotiate with the Government of the United Kingdom to achieve independence for Scotland:

Put a cross (X) in the appropriate box
I AGREE that the Scottish Government should negotiate a settlement with the Government of the United Kingdom so that Scotland becomes an independent state.

OR

I DO NOT AGREE that the Scottish Government should negotiate a settlement with the Government of the United Kingdom so that Scotland becomes an independent state.

An ugly, wrangling, lawyerly read, is it not? Befuddling, circuitous? Why do you think this was the case? Was it simply because Alex Salmond was keen on the language of negotiation, or feart about the words "independence", or "Union"? Not a bit of it. It reads like the work of a tortured pettifogger because the way this question was framed was almost entirely driven by legal considerations. Specifically, the Scottish Government knew and knows that the Scotland Act 1998 makes things tricky, and it was always going to be problematic to propose an independence referendum question which would not "relate to a reserved matter", when the Union and the Westminster parliament are explicitly reserved. The Scottish Goverment concede as much in paragraph 1.5 of today's consultation:

"The Scottish Parliament has the power to legislate for a referendum as long as that would not change any reserved law or relate to those aspects of the constitution which are reserved by the Scotland Act 1998. The referendum question proposed in 2010 was carefully phrased to comply with that requirement." (my emphasis)

If the "negotiations" question was posed that way because of legal considerations - why are the SNP now proposing the straightforward question that jettisons all of the cavil and conditionals which surrounded their early draft? Legally, nothing has changed. Holyrood today, in January 2012, has all of the powers it had when the "negotiations" question was framed early in the first term of the SNP minority government, and all of the limits to its powers, which generated that first, prolix referendum proposal. 

On their own terms, despite their surface confidence and Alex Salmond's recent jurisprudential bafflegab, the SNP are basically conceding Holyrood does not have the power, at present, to pose a clear referendum question on independence. In that context, for them to propose a novel, direct question presupposes that the Scottish Government will cut a deal with Westminster on a section 30 order, which will dash the hopes of that monomaniacal Unionist litigant who has been haunting my thoughts this many years. Without such an order, on the Scottish Government's own view, they couldn't ask Scots if they "agree that Scotland should be an independent country?" This consultation assumes a deal will be made.

That being so, it is urgently relevant and interesting that the coalition seem to be intent on excluding any devo-max question, all or nothing. It may be that Michael Moore and his coalition cronies may be convinced to eliminate the draft s30 order's "one question" requirement, allowing a "more devolution" question to be put.  That is a matter of resolve on their part. Assume, however, that collectively the coalition proves steely, and insist on a single question on independence being put if a s30 order is to be made. The question I asked Salmond yesterday night stands. Do you want a legally secure referendum on a clear independence question, or a multi-option referendum including devo-max which will be forced to ask an obscure question on independence negotiations, apt to bamboozle everyone, and susceptible to legal challenges?

28 July 2011

WANTED: One second-hand Justice...

... not too worn about the edges; with decent knowledge of law and a presentable appearance. Applicants who do not suit their perukes welcomed. Comprehensibility to those from the south of England essential. Admittedly, the UK Supreme Court hasn't quite couched its advertisement in these terms, but it has solicited applications for two judgeships in the Court. The first vacancy is immediate, caused by the untimely death of the former Lord President of the Court of Session, Lord Rodger. The second seat becomes available in April 2012, when Lord Brown - who missed his profession as a cantankerous Napoleonic-era admiral - retires.  As the Court's advertisement recognises...

By convention there have for some years always been two Scottish Law Lords; and subsequently Justices of the Supreme Court. Lord Hope is currently the only Justice from Scotland. In making its recommendations the selection commission will have regard to the requirement under section 27(8) of the [Constitutional Reform] Act [2005] to “ensure that between them the Judges will have knowledge of, and experience of practice in, the law of each part of the United Kingdom.”

While Lord McCluskey's Group are mooting whether it would be valuable for have a majority of Scots to sit on the UK Supreme Court bench when dealing with Scottish cases (which would, in most cases, call for three Scots to sit on the UK Court rather than the convention two referenced here), it seems profoundly unlikely this selection process will see two extra Scots added to the Court.  So who decides who gets appointed? The selection commission consists of the UK Court's President - Lord Phillips; his deputy, Lord Hope - and a man each from the judicial appointments boards of Norn Iron, England and Wales and Scotland.  The latter is represented by their chairman, Sir Muir Russell, classic Establishment bod and former Scottish Executive civil servant who rode the public sector carousel into the principalship of the University of Glasgow. This cosy band of jurisprudes will be seeking out souls that fit the following criteria:

Criteria for appointment
The cases dealt with by the Supreme Court include the most complex in the courts of the United Kingdom and demand the deepest level of judicial knowledge and understanding, combined with the highest intellectual capacity. Successful candidates will have to demonstrate independence of mind and integrity and that they meet the criteria listed below TO AN EXCEPTIONAL DEGREE.
  • Knowledge and experience of the law.
  • Intellectual ability and interest in the law, with a significant capacity for analysing and exploring legal problems creatively and flexibly.
  • Clarity of thought and expression, reflected particularly in written work.
  • An ability to work under pressure and to produce work with reasonable expedition.
The successful candidates will also need to demonstrate the following qualities:
  • Social awareness and understanding of the contemporary world.
  • An ability to work with colleagues, respecting their views, but also being able to challenge and debate in a constructive way.
  • A willingness to participate in the wider representational role of a Supreme Court Justice, for example, delivering lectures, participating in conferences, and talking to students and other groups.
  • Vision, coupled with an appreciation of the role of the Court in contributing to the development of the law.
In considering these qualities, the commission will have regard to the background and experience of the candidates.

So, no room for the gormless, the lazy, the cryptic, the shy or the visually impaired. Bitter recrimination in argument is out too, along with those who cherish their judicial ignorance of contemporary mores - "And what sort of music did you say these coleoptera produce, counsel?"  Curiously, like juvenile would-be sodgers, successful applicants may also have to submit to medical as well as professional examination to ensure they are fit for judicial duty.  So who will get the jobs? And specifically, which Scots lawyer will take up Rodger's death-deprived chair? In the Guardian yesterday, legal journo Joshua Rozenberg echoed my early prediction that Court of Session judge Lord Reed. Very unusually appointed to the Court of Session in his early forties, Reed has a doctorate from the University of Oxford, is now only 54 years of age and sat ad hoc on the UK Supreme Court in the as-yet undecided case of AXA General Insurers & Ors v. Lord Advocate. It remains to be seen whether the body of insurers will succeed in challenging the legislative competence of Holyrood's pleural plaques legislation. Writes Rozenberg...

"Reed is the firm favourite. Before his promotion to the appeal court, he was Scotland's senior commercial judge. As an advocate, he practised public law and European law. He look a DPhil at Balliol and was also called to the English bar. In 1999, Reed sat at the European Court of Human Rights as one of a panel that heard appeals by Robert Thompson and Jon Venables..."

In these hallowed digital pages, Lord Reed was noted for his mercy to the gun-possessing granny from Dundee, Gail Cochrane. Despite the dissent of Lord Marnoch, Reed released Cochrane from the utterly unnecessary, nimious five-year mandatory minimum sentence to which the Firearms Act 1968 would have consigned her.  Reed has also composed a tome, A Guide to Human Rights Law in Scotland. In an earlier post, I suggested that it would be a crashing shame if one of the few Scottish judges with a particular interest in human rights law should depart to London and spend much of his time hearing English appeals. I stand by that. Justiciary and the Session can ill-afford to lose folk like Lord Reed to southern climes. Although I'm sure he would serve gallantly on the UK bench and hand down judgments I might sympathise with in contentious Scots cases, I'm far from convinced that the overall effect of his elevation would be salutary for Scots jurisprudence. In point of fact, the successful candidate need not already be a judge. Earlier this year, Jonathan Sumption QC was elevated to the UK Supreme Court bench straight from the English Bar, although I believe he is still polishing off old cases, and has not yet assumed his judicial role. So, if there are any ambitious and qualified amongst you, not disqualified on grounds of ancientness, youth, folly or injustice - applications close at 5pm on Monday 19th of September...

8 January 2011

Tommy's Python: "It's just a flesh wound!"

Mater Peat Worrier is no devotee of Monty Python, but I chortled at her reaction to recent press reports covering Tommy Sheridan's still-to-be-lodged appeal against conviction, potential "new witnesses" who have suddenly appeared in support of that appeal, today's Herald piece on contradictions in the evidence one of them and the news that Sheridan is plotting still further legal action against his old foes the News of the World and the Metropolitan Polis. You'd think that extended exposure to our courts might have slaked Mr Sheridan's thirst for litigation, not least with the imminent prospect of a return to the Court of Session to mount one last Quixotic defence of the paper's appeal against the civil jury's verdict in the defamation action of 2006 and the grim prospect of Lord Bracadale's penal tones as he consigns Sheridan to a jail cell for an as yet indeterminate period. Apparently not. Like Monty Python's Black Knight, Sheridan's constant refrain is "it's just a flesh wound!"




In another related piece, James Doleman, author of the Sheridan Trial blog, has composed a fascinating piece for the Gurnian entitled "Blogging from court: helping justice to be seen to be done". James meditates on his - quite novel - experience of using a blog to cover, often much more extensively than the popular press, what transpired in the High Court in Glasgow. Like many novelties, one gets the sense that the experience was challenging for James and challenged the settled human architecture of the courtroom, most strikingly by subverting - by his very presence - the orthodoxy that the press are the simple proxy for and medium through which public interest in a case must be communicated.

7 December 2010

Those Lockerbie case cables on Megrahi...

The Guardian is now publishing wikileaked U.S. cables relating to the Lockerbie Case, in particular the processes surrounding the compassionate release of Megrahi. It is late and I haven't had the time yet to examine, in detail, what these documents might reveal, what public truths they might avow or rebut - and who they might embarrass. More later no doubt. For now, here are the relevant cables touching on the period before and immediately following the release which have been published thus far:

From Friday, 24 October 2008 SUBJECT: PAN AM 103 BOMBER HAS INCURABLE CANCER; LIBYANS SEEK HIS RELEASE

From Wednesday, 28 January 2009 SUBJECT: PAN AM BOMBER AL-MEGRAHI: THE VIEW FROM TRIPOLI 

From Sunday, 23 August 2009 SUBJECT: QADHAFI PERSONALLY WELCOMES LOCKERBIE BOMBER 

From Monday, 24 August 2009 SUBJECT: SCOTTISH PARLIAMENT HOLDS EMERGENCY SESSION AS DEBATE OVER MEGRAHI DECISION REACHES FEVER PITCH

From Wednesday, 28 October 2009 MFA OFFICIAL: QATAR'S INVOLVEMENT IN AL-MEGRAHI RELEASE STEMMED FROM ARAB LEAGUE REQUEST TO QATAR AS ARAB LEAGUE PRESIDENT

29 October 2010

BBC Question Time & Britain unquiet grave


Readers' editor Chris Elliot had a piece in the Guardian this week on Getting to grips with devolution. It reads in part, quoting an irate readership:

"The assumption that "government" initiatives apply to every country in the UK, no matter what the issue, is a source of endless frustration and resentment for readers, particularly those who live in Scotland, Northern Ireland and Wales.

Another reader writes: "Your writers and editors have not come to terms with devolution to Wales and Scotland and the restoration of Stormont." Instead of journalists making a gradual adjustment, he adds, "there is a steady deterioration." For example, he said, recent stories about Simon Schama advising schools on narrative history, children in primary schools not achieving appropriate progress in maths and English, and GPs holding budgets all seem to apply only to England – yet nowhere in the stories is this stated.

This omission, he says, amounts to misinformation, and as such is not only potentially damaging to democracy but also to the reputation of the newspaper.

He says: "If you … report a health, education or social services story from anywhere other than England, the relevant minister is styled 'the Welsh health minister' etc. Perhaps it would concentrate the minds of your journalists if Westminster ministers were routinely styled 'the English education minister'."

Although I'm not the author of any of these remonstrating epistles, I certainly enter into their spirit. This is clearly not an issue for the Guardian alone, but fundamentally about how British politics is imagined, how its polyphonies are or are not represented and understood, what viewpoints and privileged, emphasised, lent dignity or undermined. A few palacating, exculpating remarks tend to be made about the complexities of devolution, suggesting that we'll get accurate reporting tomorrow and tomorrow and tomorrow, once all of the bemusing details have coagulated into common sense in the media's collective brain. Yet as one reader suggests, observing how broadcasters comport themselves more than a decade on from the passage of the Scotland Act, there seems to be little evidence of a slow acquisition of devolution competence and devolution confidence. Indeed we'd be hoodwinking ourselves if we imagined this is simply a matter of technical expertise and slow-learning journalistic shallowpates.

This piece proves surprisingly apt in the context of last night's BBC Question Time, conducted from Glasgow. Devolution may have said the last rites over the unitary British state, but the Corporation seem intent on damning the detail, damning the difference, and using vehicles such as Question Time to deny the death rattle and insist on the continuing vitality of a United Kingdom which has been consigned to its institutional and political grave. In her piece on the programme this morning, Joan McAlpine styled this "engineered cohesion". Since it is almost Halloween weekend, when rag-torn spectres walk and graves are unquiet - I prefer a much more ghoulish comparison. It is necromancy, cadaver broadcasting, which attempts to reanimate the spent life-force of a political past which is no longer relevant or interesting. While Dimbleby may have directed the sorcery, as ever he is ably assisted by the chanting band of haughty old jingoists, opinionated bigots and Westminster chauvinists who dominate the metropolitan broadcasting spaces and enjoy privileged access to British telly and press.

The Scottish blogosphere has been very much on form in its discussion of what transpired in the studio. James Kelly points out that after Dimbleby had clamped down on Nicola Sturgeon's brief reference to fiscal autonomy in the context of the Westminster cuts agenda with the phrase - "We may be in Glasgow, but Question Time goes out to the whole United Kingdom" - the panel had already spent...

" ... the first fifteen minutes of tonight's edition of Question Time - broadcast from Glasgow, remember - taken up with a discussion about a remark made by the Mayor of London, in his capacity as Mayor of London. And yet Dimbleby still couldn't see the irony of chiding Sturgeon for spending just a few seconds talking about a 'non-national' issue later in the programme. "

This is so obviously rich, so obviously ridiculously hypocritical that we ought to pause, just a moment to ask the interesting, patience-trying question - just how does the distinction make sense to Dimbleby and his fellows? How can he possibly fail to notice the disparity? No nationalist himself, Alex Massie teases out the premise - but sees the issue more in terms of the parochialism of the metropolitan "centre" towards the rest of the country per se. While Scotland may feel particularly stung by this attitude, Massie contends that the issue can and ought to be framed in far wider terms:

"This is not a Scotland vs England affair; rather it reflects a presumption that while it is taken for granted that viewers in the rest of Britain should be interested in discussions about tube strikes in London or the next round of Boris vs Ken, matters of more local interest in Glasgow or Manchester or Cardiff cannot be expected to interest the wider audience."

For me, Gerry Hassan puts it best and suggests the most effective exorcism.

"Then there is the issue of the nature of the UK and Scotland’s voice. I don’t think it is possible for the UK media, political class and elite opinion to develop a nuanced, subtle, informed understanding of the UK; it just isn’t going to happen; they believe that their bunker-like Westminster mentality is a rich, pluralist, cosmopolitan view of the world, unsullied by the unreconstructed lumpenproletariat who live out in the sticks.

Change can only come from without. That requires taking action, and in Scotland’s case it means creating our own media spaces to develop our national conversations and debate. Maybe the slow hollowing out of the mainstream will make enough of us realise that we have to show initiative, take some power and create our own alternatives."

13 October 2010

"There's been a murder!"

Have you noticed that, in Taggart, the last scene almost invariably shows the apprehended villain being prodded into a police vehicle? Fin. We never see DCI Matt Burke testifying and being cross-examined before the throng of a fifteen-soul Scottish jury, nor the presiding Scottish judge sitting in the distinctive red-crossed criminal gowns of the High Court of Justiciary, nor the male advocates wearing white bow ties instead of the Geneva bands of the English barrister. The macer isn't summoned. We don't gasp as the jury cries "not proven", we don't miss the absence of opening speeches in Scots trials. We can never be wholly sure if the accused's confession is corroborated by admissible evidence, as required by Scots law; never hear if Detective Robbie Ross' louche police practices and illegal searches derail prosecutions; nor if the procurator fiscal decide that  a prosecution is in the public interest. Generally, all we know is that there's been a murder, the culprit has been apprehended and Scottish criminal processes will presumably and unerringly bring them to justice. Moral equilibrium is resorted. In part, this is the narrative tension of the piece. The denouement must be conclusive.

One of the curious side-effects of this (understandable and justifiable) narrative closure is that  Taggart leaves much unsaid about the distinctiveness of Scots courts. And Taggart isn't alone in this respect, but is certainly the most high-profile, long-standing example of a Scottish drama in which some figuration of Scotland's legal world might be attempted - but generally this opportunity is foregone. Similarly in Ken Stott's recent - and highly enjoyable - rendition of Ian Rankin's Rebus, identical police practice and storytelling values were to the fore. Previously, Scots law themed dramatisations have been broadcast, including Sutherland's Law in the 1970s in which Iain Cuthbertson played a small town procurator fiscal. STV recently put the first series of The Advocates onto their YouTube channel, which draws on all the familiar tropes of a foosty Faculty of Advocates, an incestuous Edinburgh power elite whose Jekyll and Hyde sensibility is revealed by the remorseless cynical lawyer-hero-investigator with a jaundiced view of it all.  English law has much more successfully found expression in popular culture, from Rumpole of the Bailey to the more recent Kavanagh QC and even the dreaded Judge John Deed. The American attorney dramas are endless. One may quibble and complain about the melodrama and implausibility of their scripts and  the unrealistic performances given by actors, but crucially they make space for the recognition of legal distinctiveness.

Generally, the spaces and eccentricities of Scots Law aren't often projected onto the popular consciousness through the medium of television. This, I think, is to be lamented. Equally, this dearth ought to be contextualised in the lack of televisual representations of Scottish life more generally. Its an old and familiar saw that our seperate legal system is one of the foundations of Scotland's continuing independent-mindedness. I've never found this terrifically convincing, at least insofar as it suggests that most Scots have a developed clue about what goes on in courts up and down the country - and draw succour in some substantive way from the continuing influence of the Corpus Iuris Civilis. If they do think that, most Scots I've spoken to must keep the inspiration mired in a gloopy soup of false consciousness.

The thought was set in motion by a couple of unconnected recent experiences. A North American fellow Peat Worrier recently directed my attention to a book by an American jurisprude called Richard Sherwin, entitled When Law Goes Pop: The Vanishing Line Between Law and Popular Culture. Sherwin's central point, according to my friend, is that the ubiquity - even the hegemony - of popular representations of legal processes on the telly is having a discernible impact on the real practice of criminal justice - and even more curiously - on the practice outside the United States. One anecdote reflects the point. Such is the impact of American popular culture’s representations of their criminal justice system, and so pervasive is its language, that having been arrested, a significant number of Canadians are now known routinely to bitterly complain about not having been read their Miranda rights.  Jurors are likely to entertain certain ideas about trials. In the absence of court recording, these are largely mediated by yarn-spinning, dramatic or comic television shows. I imagine our fellow citizens are often disappointed to find that legal representatives want an actor's delivery and don't deliver rollicking closing arguments like Boston Legal's Alan Shore.

On a connected but distinct point, I also wanted to mention the rather odd way in which some of the papers have been reporting the Sheridan trial. Or more precisely, how Scottish law and institutions have been depicted and discussed in sections of the metropolitan press.  For instance, this piece in the Guardian is full of odd circumlocutions, repeatedly referring to "counsel", failing - presumably purposely - to use the apt Scots term "advocate" even once. Precisely what is odd about the prose is somewhat difficult to put the finger on. No doubt a sub-editor is implicated, concerned not to befuddle their overwhelmingly English readership.  They also write about "Lord Bracadale, the judge at the high court in Glasgow". An eccentric in-house style may be partly to blame here, but reading the article, it was almost as if there were speech marks in the original. For me, it read like the despatch from an international journalist, full of simplification and vernacularisation. Still, this is at least marginally preferable to the Gurnian's initial tack of simply using the English term and referring to Maggie Scott QC as Sheridan's "barrister"...

There's been a murder, indeed.

9 February 2010

Take one ripe Quango... and immolate it!

For the full recipe, consult Nigella.

Just a couple of Scotia-related reports to mention this morning, making a primae facie case for their interest and importance. First up, for those of you keen on Quango-bashing or discreet bonfires of quasi-autonomous non-government organisations, Reform Scotland invites you to join its merry band in a report marked Democratic Power.

Secondly, and more to my culinary tastes, I wanted, briskly for now, to highlight the report, written by the group Justice on “Devolution and Human Rights”. In particular, the piece gives a proposed ‘British Bill of Rights’ a going over by locating that wispy promise in the context of the devolved settlements, including wur ain Parliament. University of Edinburgh legal academic, Alan Trench, has a helpful précis of the document over at his appositely entitled ‘Devolution Matters’ blog. I won’t try to better it right now, but will probably give the report a more in-depth examination later and may concentrate on one theme of t’other which emerges.

Although I’m not a regular reader, I notice that the Guardian seems to be the only paper which has picked this tale up in a significant way. Trumpeting that ‘Scotland and Ireland could reject bill of rights’, while Afua Hirsch continues her commentary over at their Comment is Free will the pungently entitled ‘Hating the human rights act – an English phenomenon’. I would gently remind Hirsch – and for the sake of scattering salt on the oleaginous slug, remind my readers, of the misleading nonsense which Struan Stevenson of the Scottish Conservatives dredged up during the last round of elections to the European Parliament. That said, the idea that there may be some national divergences in approaches to the Human Rights Act – particularly among elite preferences – seems to me not unreasonable. Take the self-same European election results, their divergence north and south of the
Tweed, and how this tracks England’s betimes heady anti-European sentiment which does not seem to roll unproblematically northward.


Happy reading!