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Concerning Devolution, and Democracy

In Constitutional Spotlight, Government Spotlight, Home Affairs, Ideology, Parliamentary Spotlight, Party politics, Regional politics, The Media on January 6, 2011 at 12:49 am

David Weber

Warning: long article approaching

For a while I’ve been wanting to write something equivalent, or at least in response to polarii’s analyses of democracy, not just to outline differences in opinion but also to cover issues which, I feel, were not discussed. The cut and thrust of this article, and possible future ones, will mainly focus (through the prism of a leading issue) of on the general untidiness of democracy; in attempting to define it, assessing its qualities, and outlining solutions. We will start by looking at Devolution.

Devolution has been in the news recently, and for once it isn’t the arguments about a Scottish independence referendum. The new powers proposed by the Calman commission are (partially) being unveiled by the new government, which seeks to deliver a certain amount of tax-raising power to Scotland, presumably not least with the intention of forcing it onto a more equal fiscal footing with England. That Scottish Government ministers are protesting that it will make Scotland worse off in cash terms seems to be evidence in support of this.

I do not have a great deal of sympathy for the Scottish government here, not least because the level of Scottish spending seems unnecessarily disproportionate to England. Obviously, Scotland being in general poorer than England, a degree of higher spending is needed, but for that to extend to free University tuition seems ridiculous, when there is no evidence that English students are particularly disadvantaged by the system which applies to them. Clearly, in this place, if in no other, there is some fat which could be trimmed.

But while the Commission’s terms of reference were the fiscal imbalances in Scottish devolution, I will be looking at democratic imbalances of devolution in general. According to some schools of thought, these are so grave as to override any merits the policy may have, and make abolition of the devolved assemblies the only solution. I am not so sure. I will begin, however, by outlining the case against Devolution.

The first, and most obvious attack, is the “West Lothian Question”. This actually originates from a theoretical question asked by the eponymous MP for West Lothian, Tom Dalyell, in 1977, long before the 1998 Scotland Act came into force:

“For how long will English constituencies and English Honourable members tolerate … at least 119 Honourable Members from Scotland, Wales and Northern Ireland exercising an important, and probably often decisive, effect on English politics while they themselves have no say in the same matters in Scotland, Wales and Northern Ireland?”

The word “decisive” is crucial, as some might hope this question away as an eternally theoretical one, with majorities never slim enough for it to truly make a difference. This is wishful thinking. Labour governments often rely on Scotland for a lot of their support, and indeed the Labour government in 1979 was brought down by the votes of Scottish National Party (SNP) MPs. More recently, in 2006, the vote on — you guessed it — University top-up fees was won based on the support of Scottish MPs; had they abstained, it would likely have been defeated. Democratic Unionist Party MPs voted in favour of raising detention without trial to 42 days in 2008, which passed by a majority of exactly the same number as the 9 DUP MPs, although that particular bill was rejected by the House of Lords.

Not only this, but there is also a more fundamental undemocratic charge against Devolution. It provides some people more representation than others, creating a two-tier or even a multi-tier system, where geography determines strength of political representation. Thus in Scotland, voters elect not only sovereign Westminster MPs, with theoretical responsibility for everything, but near-as-sovereign Holyrood MPs, with very real responsibilities for Health, Education, Justice etc. into the bargain. The voter therefore has two calls for help if something goes wrong, and, in theory, twice as much leverage in their everyday battles. In contrast, a voter in Herefordshire elects a sovereign Westminster MP and a couple of rather dusty councillors, if they even know that a local election is on. Voters in Wales have something of a half-way house between English anonymity and Scottish power. Voters in Northern Ireland — well, I’ll not get into that minefield (until later).

As suggested by the preceding paragraph, devolution is also unequal between regions. The Welsh Assembly does not (yet) have the extensive powers of the Scottish Parliament. London has the Greater London Assembly which, although weaker still, is far more powerful than most local government in England. So in summary, the picture painted by devolution is a very uneven and untidy one, resembling the sort of painting which attaches a lot of importance to the leaves of a tree but somehow fails to convey the basic structure of the trunk with balance and accuracy.

Such is the case against devolution. And before I go into any further, and consider the counter-argument, it is worth considering the fact that nothing argues for the current system quite so well as the inability of its opponents to outline sensible solutions.

One such solution is “English Votes on English Laws”: barring Scottish and Welsh MPs from voting on English legislation. This has a certain long-enduring popularity, and it is often assumed, most often by Conservatives, that this would solve the Question in a blow.

Now, if there is any one phrase I have grown to hate, normally because it is nearly always misapplied, it is “constitutionally illiterate”. Yet I am tempted to apply it here. Devolution, as some opponents evidently fail to grasp ten years after its implementation, is not the same thing as Federalism. The official power of the UK Parliament to overrule the Scottish Parliament is absolute. Parliament is sovereign. It’s political power is, of course, limited severely by devolution. But this is not to say that it will never overrule the devolved assemblies.

And whereas the ability of regional MPs to overrule the will of English MPs is limited, due to their small number, the scope for English MPs to overrule the will of the devolved assemblies, should they wish to, is far greater. Therefore the only way “English Votes on English Laws” would be constitutionally balanced would be to similarly ban English MPs from voting to overrule the devolved assemblies. Which would mean that for each of the four countries, there would be matters where the UK Parliament had no say. Far from strengthening the Union, English Votes on English Laws would go some way towards dividing it permanently.

There are also more practical objections. There is the fact that it probably wouldn’t lead to equality of representation in the first place, because it doesn’t address the “different quality of representation depending on region” criticism of devolution that I outlined earlier. Scottish, Welsh and Northern Irish voters would still have far stronger local democracy than England, although I acknowledge that the situation is almost impossibly complex to assess when it comes to Northern Ireland. But the gravest objection is that it would throw up the possibility of two different majorities being available in the House of Commons, one for English legislation and another for UK legislation.

Such a possibility would not result in, say, a Conservative English legislative agenda put forward by a Labour UK government, because a Labour government would never allow it. The result would be stagnation, or at best, coalition between the two parties on English legislation.

Here is the fundamental problem. People seem to think, against all political observation, that the devolved legislatures are the only important part of devolution. The fact is, however, that without devolved government, devolution is at most a panacea. So quite apart from the constitutional issues, changing the rules governing English legislation would at best only be a half-way step towards the full-blooded localism which has transformed Scottish and Welsh politics.

It is, of course, possible to engineer a more low-key, slimmed down version of English Votes on English Laws. The Democracy Taskforce, set up by David Cameron in 2006 and chaired by Ken Clarke, recommended changing Parliamentary practice to make it convention for regional MPs not to be involved in English legislation during committee and report stages only, without banning them from doing so; thus avoiding the constitutional objections. and limiting the potential for deadlock (as all MPs would vote during first and second reading, thus the whole house would initiate English legislation). In seeking to be so reasonable, the Taskforce created an opposite problem: the solution would be far too limited to address the extent of the problems. Not only this, but the potential for deadlock and odd results would still be very real: a bill could be re-written or sabotaged in committee and report stage, creating a legislative mess and confusion about where accountability lies.

So what other solutions? English devolution holds some attraction and almost certainly far more merit, but would run up against some much stronger political roadblocks. The amount of power it would be necessary to give away even to grant it the same stature as the Welsh devolution would entirely transform the way UK government works, and might alarm even the most ‘radical’ of reforming governments, who rarely give away power with no thought to the consequences, which would be unknown in such a big step. More problematic would be the size of England: with approximately 80% of the people in the whole Union, an English system of government would operate very similarly to the UK one. Such an idea also ignores the political motivations behind devolution to begin with, which I will come to shortly.

So were, or are, the opponents of devolution right? Is it impossible for the system to work democratically, or ‘neatly’? Is it crucial for the future of the Union that the devolved assemblies be abolished? Should we offer the regions (and perhaps Cornwall) an “all-in/all-out” referendum? It is at this point where I realise that I am vaguely puzzled, because no opponent of devolution ever makes the case that before devolution, the UK was a model of democratic perfection. This is because it wasn’t.

In fact, the democratic imbalances inherent in UK government before devolution far eclipse any created by devolution since. In 1979, Scotland went from one extreme of propping the Labour government up to being positively ignored for the following 18 years. Wales was in a similar position during the mid-80s, with Plaid Cymru at one point selling “Tory-free” mugs in celebration of Wales’ utter lack of connection to the UK government. In contrast, in 1997 virtually all of Scottish and Welsh representatives supported the incoming government.

In fact, what opponents of devolution really fail to grasp is that the UK system of government has never been particularly democratic when it comes to a matter of detail. If you wanted completely democratic government, then all elected representatives would govern in coalition. Elections as we know them are about winning. Winning is incompatible with everyone being listened to. In a competition, there are winners and losers, which leaves some people with power and some people without it.

In fact, the only system which comes close to being democratic is the devolved Northern Irish assembly, where the two biggest parties must by law be in coalition, which ironically is as a consequence of their historic inability to co-operate with each other. Winning is only proportionate to a public mandate, and the voice of the loser is granted equal respect as the voice of the winner. The lessons learnt from Northern Ireland’s history should, I hope, actually go some way in helping people to appreciate the importance of taking note of everyone’s voice, no matter whether they conform to a majority, plurality, minority, or just form one person’s opinion.

And this is what devolution to Scotland and Wales also set out to do, to end the ludicrous situation where UK politics regularly left regions polarised and often marginalised. Opponents of devolution rather remind me of people stood with a magnifying glass in front of a work of art, moaning about a hairline crack in the middle of the darkest shade, while utterly failing to appreciate the beauty of the picture as a whole. In fact, in my dedication to creating a fair and exhaustive summary of the flaws of devolution, I have been rather complicit in this myself. No doubt there is still much room for improvement. England lacks the local voice that, in time, it may find it needs. Westminster could do much more to prevent regional MPs from acting undemocratically. And Scottish politics is still alarmingly close to polarisation, with a separatist party viewed as the official alternative to Labour. But Scotland has found itself open to far more political plurality than it ever understood before, with the Liberal Democrats finding a voice in its previous government, with the SNP winning Westminster seats which would previously have been considered solid Labour territory, and with a proportional legislature which has quite failed to self-destruct and has quietly governed on a cross-party basis. Far from being a thorn in its side, devolution could teach the Union quite a few lessons for its future.

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The Lockerbie Bomber’s Release: Right or Wrong?

In Home Affairs on August 28, 2009 at 12:02 am

On Thursday 20th August, Adbelbaset Ali al-Megrahi, the Lockerbie Bomber, was released from Greenock Prison in Scotland on compassionate grounds. Megrahi is suffering from terminal Prostate Cancer. The question is, is his release the right thing, or should life mean life?

In 1988, Pan-Am flight 103 blew up over Lockerbie in Scotland, killing all 243 passengers and crew members; 13 years later, al-Megrahi, who’d been on the FBI’s most wanted list for over 10 years, was convicted of the bombing by a Scottish High Court of Justiciary in the neutral venue of Camp Zeist in the Netherlands.


Less than 10 years after Megrahi started his life sentence, with a minimum of 20 years before he was eligible for parole, he was released on compassionate grounds by the Scottish Justice Secretary Kenny MacAskill. Was MacAskill right to do this, or is the storm of criticism currently being flung his way right?


Some quarters, namely the USA, in the shape of Joint Chiefs Of Staff Adm. Mike Mullen, Joe Lieberman (Indep-Conn.) and Ben Cardin (D-Maryland) have called the decision “obviously political” and have said that it was a decision to improve British-Libyan trade. Lieberman linked the release of Megrahi to British interests and oil exploration in Libya; however he stopped short of accusing the UK of deliberately brokering a deal for his release. Ben Cardin however, went one further and definitely insinuated that the UK had indeed brokered a deal with Libya, a current OPEC member, for oil in return for his release.


Another position articulated by the USA, this time in the form of current FBI director Robert Mueller, is that the release of Megrahi gives “comfort to terrorists.”


While justice in Scotland falls under the remit of the devolved Government in Holyrood, The Westminster Government articulated it’s own position on the matter. A spokesperson for Gordon Brown said that the release has not given “succour to terrorists” but he also stated that the matter was purely a matter for the Scottish Government. Scottish First Minister Alex Salmond said “we understand the upset. We understand the disagreement. But we have to do what is right in terms of our legal system, what we are duty bound to do.”


Opposition Parties on both sides of the border have condemned the decision, with Nick Clegg saying “Although the decision to release Megrahi was a Scottish one for which Gordon Brown was not personally responsible, the fallout puts the UK at the centre of an international storm;” and the Leader of Scottish Labour, Iain Gray said “Last Week, the Scottish Government made a wrong decision, in the wrong way, with the wrong consequences.” This furore has led to Buckingham Palace confirming that the Duke of York will not visit Libya on a trade trip next month.


The Libyans are, obviously, rather pleased about the decision; Megrahi landed in Tripoli to crowds cheering and waving Libyan flags and Scottish Saltires. This reaction comes on the back of relations between the UK and Libya warming up after Tony Blair visiting Libya and Gordon Brown talking to Gadaffi at the G8 in Italy.


So, now we know the positions of the various parties involved in the debate, it is time to pull it all together into an analysis.


Under Scottish Law, Megrahi qualified for compassionate release as he was diagnosed with a terminal illness with less than three months to live. However, the huge manhunt involved in trying to capture Megrahi and the time spent on the trail in search of justice for victims indicates that Megrahi should have been forced to spend his life in prison. His sentencing details, life imprisonment with a minimum of 20 years without parole have not been observed.


Many people, including the USA and the British Opposition Parties, will argue that under these conditions, Megrahi should have died in prison, as countless others before him have done. His crime was tantamount to a mass murder bigger than that of Dr. Harold Shipman who killed a minimum of 218 people. Shipman’s sentencing conditions stated that he never be released, a decision confirmed by the Home Secretary. In the eyes of the law, what makes Megrahi so different to Shipman? Both killed many, many people, and therefore, in the eyes of the law, Megrahi should have an equal, if not harsher sentence than Shipman.


However, on the 6th August 2009, the Great Train Robber Ronnie Biggs was given compassionate release by Jack Straw because of a serious bout of pneumonia that doctors said was probably fatal. However, Bigg’s health has since improved, but there have been no questions about his release. Although Biggs has not killed anyone, his robbery and subsequent escape from Wandsworth Prison are two of the most notorious events in British Criminal History.


So what makes Biggs any different from Megrahi? Both have committed atrocities, albeit in different criminal spheres, both inspired large manhunts and used a lot of time in their capture and trial and, in Bigg’s case, re-capture; and both are suffering from life threatening illnesses. So what makes them different in the eyes of the law? Why should Biggs be released and Megrahi shouldn’t be?


There is no concrete answer here, it is down to individual viewpoints, but in my view, Biggs and Megrahi are no different, Both committed heinous crimes, and both caused the criminal justice system countless man hours and piles and piles of cash; and both have life threatening health problems. So therefore, both should be released to spend their last months or days with their families without the fuss and condemnation that the release of Megrahi has generated.