Scottish constitutional change always seems one step behind the national mood – but we finally have a chance to get it right


It is 19 years since George Robertson declared famously that Scottish devolution would ‘kill nationalism stone dead’. It remains one of the most important, symbolic, phrases because it sums up one of the worst sentiments in British politics: constitutional change seems, too often, to be a stitch up by one or more political parties at the expense of the others.  Too often, we have seen unionist parties produce deals amongst themselves rather than engage meaningfully with nationalist parties like the SNP.

The main result is that Scottish constitutional change often seems out of step with the national mood. The Calman Commission, established in 2007 by Labour, the Liberal Democrats and Conservatives, produced the Scotland Act 2012 that seemed out of date before it was implemented. The Smith Commission was established in 2014 and, although it produced its recommendations in a ridiculously short space of time, they already seem like the starting point for discussion, not a new devolved settlement.

Yet, it was not always this way. For a brief period, from devolution in 1999, we talked more about ‘new politics’ than independence. This is partly because many of the parties involved were more inclined to do the right thing than Robertson’s comment suggests. Scottish Labour didn’t hold hands with the SNP, but it made sure that it got SNP support during the Yes to devolution campaign in 1997. The parties (including Scottish Labour, Liberal Democrats and what would become the Scottish Greens) also thought about how political reforms would go hand in hand with constitutional reform, encouraging some debate about new forms of deliberative and participatory democracy.  They engaged ‘civil society’ groups, and the campaign for devolution had a strong focus on gender and the participation of women in public life. In short, they had a Scottish Constitutional Convention. This period of reform in the 1990s should provide some lessons today.

It is too tempting to argue that the incredible rise of the SNP, and its likely dominance of Scottish seats in Westminster, will produce a constitutional crisis – a UK party only governing with the consent of the SNP will reinforce a broad sense that ‘The Scots appear fed up with the English, and the English with the Scots’. Simon Jenkins suggests, rather provocatively, that the current union is dying and that ‘Some new format is required that must embrace parliamentary disengagement, devo-max or indie-lite or whatever. The task for Cameron or Miliband is to be architect of that format’.

Yet, this conclusion is not inevitable and the solution is not quite right. In particular, we do need to rethink the plans for further constitutional change that were produced so hastily by the Smith Commission for the sake of party politics rather than sensible constitutional redesign. However, a new constitutional convention should be the architect, not the leader of one political party doing a deal with another.

If you look at the rhetoric of the main parties, a new convention in Scotland is just the ticket. It suits Labour’s ‘no deals with the SNP’ stance, since a convention is a way out: it could be portrayed as an attempt to go beyond party politics and engage Scottish civil society. It suits the SNP, looking to maximise its influence but not be stuck with the idea that all it wants is ‘devo max’ or ‘full fiscal autonomy’ as a stepping stone to independence.  It might even suit the Conservative party if it squeaks into government again with the Liberal Democrats, since a convention may be the only way to generate a sense of legitimacy in Scotland if it has few or no MPs in Scotland.

The alternative for the UK parties (apart from the UK-wide convention proposed by Labour, which seems separate from Scottish reforms) is to stick with Smith and exclude the SNP, which seems like an untenable position for parties that claim to want to reform the Union to protect it. Only the SNP benefits from the stand-off, and only a constitutional convention provides anything close to a competing story of Scottish legitimacy to the one crafted so well by the SNP.


Filed under Scottish independence, Scottish politics, UK politics and policy

2 responses to “Scottish constitutional change always seems one step behind the national mood – but we finally have a chance to get it right

  1. And they’ll kick reform into the long grass just as they have always done!
    The only way to get reform now is they have their arms so twisted up their back that they have choice. Immediacy not delay is key and to be honest I believe we’ll only get it if England is sick of us and rejects us

  2. Sorry I meant ‘no choice’

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