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The role of evidence in UK policymaking after Brexit

We are launching a series of papers on evidence and policy in Palgrave Communications. Of course, we used Brexit as a hook, to tap into current attention to instability and major policy change. However, many of the issues we discuss are timeless and about surprising levels of stability and continuity in policy processes, despite periods of upheaval.

In my day, academics would build their careers on being annoying, and sometimes usefully annoying. This would involve developing counterintuitive insights, identifying gaps in analysis, and challenging a ‘common wisdom’ in political studies. Although not exactly common wisdom, the idea of ‘post truth’ politics, a reduction in respect for ‘experts’, and a belief that Brexit is a policymaking game-changer, are great candidates for some annoyingly contrary analysis.

In policy studies, many of us argue that things like elections, changes of government, and even constitutional changes are far less important than commonly portrayed. In media and social media accounts, we find hyperbole about the destabilising and changing impact of the latest events. In policy studies, we often stress stability and continuity.  My favourite old example regards the debates from the 1970s about electoral reform. While some were arguing that first-past-the-post was a disastrous electoral system since it produces swings of government, instability, and incoherent policy change, Richardson and Jordan would point out surprisingly high levels of stability and continuity.

Finer and Jordan Cairney

In part, this is because the state is huge, policymakers can only pay attention to a tiny part of it, and therefore most of it is processed as a low level of government, out of the public spotlight.

UPP p106

These insights still have profound relevance today, for two key reasons.

  1. The role of experts is more important than you think

This larger process provides far more opportunities for experts than we’d associate with ‘tip of the iceberg’ politics.

Some issues are salient. They command the interest of elected politicians, and those politicians often have firm beliefs that limit the ‘impact’ of any evidence that does not support their beliefs.

However, most issues are not salient. They command minimal interest, they are processed by other policymakers, and those policymakers are looking for information and advice from reliable experts.

Indeed, a lot of policy studies highlight the privileged status of certain experts, at the expense of most members of the public (which is a useful corrective to the story, associated with Brexit, that the public is too emotionally driven, too sceptical of experts, and too much in charge of the future of constitutional change).

So, Brexit will change the role of experts, but expect that change to relate to the venue in which they engage, and the networks of which they are a part, more than the practices of policymakers. Much policymaking is akin to an open door to government for people with useful information and a reputation for being reliable in their dealings with policymakers.

  1. Provide less evidence for more impact

If the problem is that policymakers can only pay attention to a tiny proportion of their responsibilities, the solution is not to bombard them with a huge amount of evidence. Instead, assume that they seek ways to ignore almost all information while still managing to make choices. The trick may be to provide just enough information to prompt demand for more, not oversupply evidence on the assumption that you have only one chance for influence.

With Richard Kwiatkoswki, I draw on policy and psychology studies to help us understand how to supply evidence to anyone using ‘rational’ and ‘irrational’ ways to limit their attention, information processing, and thought before making decisions.

Our working assumption is that policymakers need to gather information quickly and effectively, so they develop heuristics to allow them to make what they believe to be good choices. Their solutions often seem to be driven more by their emotions than a ‘rational’ analysis of the evidence, partly because we hold them to a standard that no human can reach. If so, and if they have high confidence in their heuristics, they will dismiss our criticism as biased and naïve. Under those circumstances, restating the need for ‘evidence-based policymaking’ is futile, and naively ‘speaking truth to power’ counterproductive.

Instead, try out these strategies:

  1. Develop ways to respond positively to ‘irrational’ policymaking

Instead of automatically bemoaning the irrationality of policymakers, let’s marvel at the heuristics they develop to make quick decisions despite uncertainty. Then, let’s think about how to respond pragmatically, to pursue the kinds of evidence informed policymaking that is realistic in a complex and constantly changing policymaking environment.

  1. Tailor framing strategies to policymaker cognition

The usual advice is to minimise the cognitive burden of your presentation, and use strategies tailored to the ways in which people pay attention to, and remember information.

The less usual advice includes:

  • If policymakers are combining cognitive and emotive processes, combine facts with emotional appeals.
  • If policymakers are making quick choices based on their values and simple moral judgements, tell simple stories with a hero and a clear moral.
  • If policymakers are reflecting a ‘group emotion’, based on their membership of a coalition with firmly-held beliefs, frame new evidence to be consistent with the ‘lens’ through which actors in those coalitions understand the world.
  1. Identify the right time to influence individuals and processes

Understand what it means to find the right time to exploit ‘windows of opportunity’.

‘Timing’ can refer to the right time to influence an individual, which involves how open they are to, say, new arguments and evidence.

Or, timing refers to a ‘window of opportunity’ when political conditions are aligned. I discuss the latter in a separate paper on effective ‘policy entrepreneurs’.

  1. Adapt to real-world organisations rather than waiting for an orderly process to appear

Politicians may appear confident of policy and with a grasp of facts and details, but are (a) often vulnerable and therefore defensive or closed to challenging information, and/ or (b) inadequate in organisational politics, or unable to change the rules of their organisations.

So, develop pragmatic strategies: form relationships in networks, coalitions, or organisations first, then supply challenging information second. To challenge without establishing trust may be counterproductive.

  1. Recognise that the biases we ascribe to policymakers are present in ourselves and our own groups.

Identifying only the biases in our competitors may help mask academic/ scientific examples of group-think, and it may be counterproductive to use euphemistic terms like ‘low information’ to describe actors whose views we do not respect. This is a particular problem for scholars if they assume that most people do not live up to their own imagined standards of high-information-led action (often described as a ‘deficit model’ of engagement).

It may be more effective to recognise that: (a) people’s beliefs are honestly held, and policymakers believe that their role is to serve a cause greater than themselves.; and, (b) a fundamental aspect of evolutionary psychology is that people need to get on with each other, so showing simple respect – or going further, to ‘mirror’ that person’s non-verbal signals – can be useful even if it looks facile.

This leaves open the ethical question of how far we should go to identify our biases, accept the need to work with people whose ways of thinking we do not share, and how far we should go to secure their trust without lying about one’s beliefs.

At the very least, we do not suggest these 5 strategies as a way to manipulate people for personal gain. They are better seen as ways to use psychology to communicate well. They are also likely to be as important to policy engagement regardless of Brexit. Venues may change quickly, but the ways in which people process information and make choices may not.

 

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Filed under Evidence Based Policymaking (EBPM), Psychology Based Policy Studies, public policy, UK politics and policy

Scottish Politics in Brexit Britain: is independence inevitable?

CAirney Scottish Politics Brexit Dundee CAfe 2017

This is an updated and shortened version of previous posts, designed for my talk at the Dundee Arts Café tonight. I’d like to thank First Minster Nicola Sturgeon for making me look like the best scheduler of a talk ever:

We don’t know much about the second referendum on Scottish independence, but we can be guided by three basic insights:

  1. Most people make up their mind fairly quickly and may not be swayed too much by the campaign, but there are enough undecided voters to tip the result

2. The campaign will come down to who can tell the best story (to stir the emotions, perhaps with a convincing hero and moral) rather than simply command the facts.

3. Brexit has changed the independence story dramatically, but it could support either Yes/ No campaign.

The rest is mostly gut-driven speculation: I think Yes will win, partly because it has a new way to present its case, and a better campaigner to do so, while (as ridiculous as this sounds) No may look like it is banging on about the same old arguments, and it’s less clear who will do it.

Let’s start with an updated summary of why Brexit is good for Yes:

  1. It reinforces a well-established argument for constitutional change: we voted for X but got Y because we are outnumbered by voters in England. Voting Remain but getting Leave is the latest version of voting Labour or SNP in Scotland but getting a Conservative UK government.
  2. It reinforces the same argument about the effect of that ‘democratic deficit’: ‘London’/’Westminster’ is forcing us to accept policies we did not choose. Voting Leave is the latest version of the ‘bedroom tax’ (and, for older readers, the ‘poll tax’).
  3. It helps challenge the idea that the Scottish independence aim is nationalist and parochial. Suddenly, independence is the cosmopolitan choice if we are rejecting a ‘Little England’ mentality.
  4. Some people who voted to stay in the UK and EU will prefer the EU to the UK (and think an independence vote is the best way to achieve it), or perhaps feel let down by the claim that a No vote in 2014 was to stay in the UK and EU.

Historically, the main response to 1 & 2 came from the Conservative Party, offering concessions in areas such as spending, levels of representation in Westminster, and in Scotland’s status in UK-devolved relations.

Recently, UKIP has been more critical of Scotland’s privileged position in the UK, and even the Conservative party qualifies its support of Scotland’s place in the Union.

Labour’s more recent response has been more interesting, and not what I expected. I figured Scottish Labour would encourage the equivalent of a free vote of its members. Instead, it has rejected indyref2 in favour of a ‘federal’ solution and two anti-referendum strategies:

  1. To describe indyref2 as yet another divisive and destabilising event like Brexit and the election of Trump.
  2. To challenge the idea that Scottish independence is the cosmopolitan choice. Sadiq Khan seemed to link Scottish nationalism strongly with the divisiveness of Trump and Leave campaigns, prompting some debate about how far he went to equate it with bigotry and racism.

This strategy was generally received badly among people already committed to Yes. It’s too early to gauge its durability or long term effect on the voters thinking about switching, but we already know that the SNP campaigned in indyref1 with a message – for example, ‘to make life better for the people who live here’ – that contrasts heavily with the anti-immigrant rhetoric in some parts of the Leave campaign. Indeed, I’d expect it to reinforce a pro-immigration (or, rather, a very pro-EU citizen) message to provide a deliberate contrast to parts of the Brexit campaign, making it relatively difficult for Labour to maintain an if-you-vote-Yes-you-share-the-same-aim-as-bigots argument (which didn’t work well during the Brexit debate anyway).

Let’s continue with an updated summary of why Brexit is good for No

  1. The No campaign was based on the economic harms of independence, and key symbols (like oil price volatility) have reinforced the message.
  2. We still don’t know what currency an independent Scotland would use.
  3. The Yes vote meant all things to all people, with no sense of what would be realistic.
  4. Brexit shows you that a transition to independence would be far tougher than advertised.

Point 4 is still unfolding. We’ve already seen that the £350m-for-the-NHS argument was misleading, witnessed a reduction in the value of the pound, and seen some hard talking from likely EU negotiators that might be emulated in Scotland-UK discussions (UK hard-talking was a key theme of indyref1). Yet, the effects of such developments are still open to debate (see for example the sterling issue).

More importantly, it’s hard to know how to relate these events to Scotland:

One the one hand, Yes needs a disastrous Brexit to show that it is powerless to ward off disaster. Ideally, it would wait long enough to argue that (a) Brexit is starting to ‘bite’, (b) the UK Government is stiffing Scotland in its negotiations of future devolved powers, but not so long that (c) it disrupts the (not guaranteed) continuation of its EU membership. This time may not arrive, and the date is not in the SNP’s gift.

On the other, No needs a partly-disastrous Brexit to show that separation is painful.

Who will have the best story?

If recent events have taught us anything, it’s that people are driven strongly by emotion, and might put ‘feelings over facts’. I still think that the result itself will come down to who tells the Yes/ No stories and how well they do it, and that Yes has a far better hero (Nicola Sturgeon)/villain (Nigel Farage, Boris Johnson, Theresa May?) story now than in 2014, while No has the same old boring story of economic disaster and can no longer rely on those leaflets with Salmond’s face on a pound coin. Who will become the face of No (I reckon it will be Davidson), and how can they repackage the same arguments (who knows)?

 

 

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Filed under Scottish independence, Scottish politics

‘Hard Brexit’ is not yet a game changer for Scottish Independence

The Herald reports that ‘Hard Brexit is not a game changer for SNP’. Based on its latest BMG poll, it describes an even split between those who want/ don’t want a second referendum on Scottish independence, and between those who want an early or late referendum.

These results don’t seem too surprising because the idea of Brexit is still too abstract and not yet related to the arguments that might win the day for a Yes vote. I think the basic story would relate to a combination of simple statements such as:

  • England is pulling Scotland out of the EU against our will
  • The Tories caused this problem
  • We want to clear up the mess that they caused
  • It’s a bit rich for the Tories to warn us about the disastrous economic consequences of Scottish independence after the havoc they just caused
  • We want to be a cosmopolitan Scotland, not little England

In each case, I don’t think we can expect to see the widespread effect of such arguments because (a) they don’t yet form part of a coherent argument linked directly to Brexit, because (b) we still don’t yet know what Brexit looks like.

If you don’t really know what something is, how it relates to your life, and who you should blame for that outcome, how can you express a view on its effect on your political preferences?

image for POLU9SP

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Idealism versus pragmatism in politics and policymaking: Labour, Brexit, and evidence-based policymaking

In a series of heroic leaps of logic, I aim to highlight some important links between three current concerns: Labour’s leadership contest, the Brexit vote built on emotion over facts, and the insufficient use of evidence in policy. In each case, there is a notional competition between ‘idealism’ and ‘pragmatism’ (as defined in common use, not philosophy); the often-unrealistic pursuit of a long term ideal versus the focus on solving more immediate problems often by compromising ideals and getting your hands dirty. We know what this looks like in party politics, including the compromises that politicians make to win elections and the consequences for their image, but do we know how to make the same compromises when we appeal for a more deliberative referendum or more evidence-informed policymaking?

I searched Google for a few minutes until I found a decent hook for this post. It is a short Forbes article by Susan Gunelius advocating a good mix of pragmatic and idealistic team members:

Pragmatic leaders focus on the practical, “how do we get this done,” side of any task, initiative or goal.  They can erroneously be viewed as negative in their approach when in fact they simply view the entire picture (roadblocks included) to get to the end result.  It’s a linear, practical way of thinking and “doing.”

Idealist leaders focus on the visionary, big ideas.  It could be argued that they focus more on the end result than the path to get there, and they can erroneously be viewed as looking through rose-colored glasses when, in fact, they simply “see” the end goal and truly believe there is a way to get there”.

On the surface, it’s a neat description of the current battle to win the Labour party, with Jeremy Corbyn representing the idealist willing to lose elections to stay true to the pure ideal, and Owen Smith representing the pragmatist willing to compromise on the ideal to win an election.

In this context, pragmatic politicians face a dilemma that we often take for granted in party politics: they want to look flexible enough to command the ‘centre’ ground, but also appear principled and unwilling to give up completely on their values to secure office. Perhaps pragmatists also accept to a large extent that the means can justify the ends: they can compromise their integrity and break a few rules to win office if it means that they serve the long term greater good as a result (in this case, better a compromised socialist than a Tory government). So, politicians accept that a slightly tarnished image is the price you pay to get what you want.

For current purposes, let us assume that you are the kind of person drawn more to the pragmatist rather than the idealist politician; you despair at the naiveté of the idealist politician, and expect to see them fail rather than gain office.

If so, how might we draw comparisons with other areas in politics and policymaking?

Referendums should be driven by facts and an intelligent public, not lies and emotions

Many people either joke or complain seriously about most of the public being too stupid to engage effectively in elections and referendums. I will use this joke about Trump because I saw it as a meme, and on Facebook it has 49000 smiley faces already:

Borowitz

An more serious idealistic argument about the Brexit vote goes something like this:

  • the case for Remain was relatively strong and backed by most of the best experts
  • most Leave voters ignored or mistrusted the experts
  • the Leave campaign was riddled with lies and exaggerations; and,
  • a large chunk of the public was not intelligent enough to separate the lies from the facts.

You often have to read between the lines and piece together this argument, but Dame Liz Forgan recently did me a favour by spelling out a key part in a speech to the British Academy:

Democracies require not just literate and numerate electorates. They need people who cannot be sold snake oil by every passing shyster because their critical faculties have been properly honed. Whose popular culture has not degenerated so completely that every shopping channel hostess is classed as a celebrity. Where post-modern irony doesn’t undermine both honest relaxation and serious endeavour. Where the idea of a post-factual age is seen as an acute peril not an amusing cultural meme. If the events of June have taught us anything it is that we need to put the rigour back in our education, the search for truth back in our media.

Of course, I have cherry picked the juiciest part to highlight a sense of idealism that I have seen in many places. Let’s link it back to our despair at the naïvely idealist politician: doesn’t this look quite similar? If we took this line, and pursued public education as our main solution to Brexit, wouldn’t people think that we are doomed to fail in the long term and lose a lot of other votes on the way?

Another (albeit quicker and less idealistic) solution, proposed largely by academics (many of whom are highly critical of the campaigns) is largely institutional: let’s investigate the abuse of facts during the referendum to help us produce new rules of engagement. Yet, if the problem is that people are too stupid or emotional to process facts, it doesn’t seem that much more effective.

At this stage, I’d like to say: instead of clinging to idealism, let’s be pragmatic about this. If you despair of the world, get your hands dirty to win key votes rather than hope that people will do the right thing or wait for a sufficiently ‘rational’ public.

Yet, I don’t think we yet know enough about how to do it and how far ‘experts’ should go, particularly since many experts are funded – directly or indirectly – by the state and are subject to different (albeit often unwritten) rules than politicians. So, in a separate post, I provide some bland advice that might apply to all:

  • Don’t simply supply people with more information when you think they are not paying enough attention to it. Instead, try to work out how they think, to examine how they are likely to demand and interpret information.
  • Don’t just bemoan the tendency of people to accept simple stories that reinforce their biases. Instead, try to work out how to produce evidence-based stories that can compete for attention with those of campaigners.
  • Don’t stop at providing simpler and more accessible information. People might be more likely to read a blog post than a book or lengthy report, but most people are likely to remain blissfully unaware of most academic blogs.

Yet, if we think that other referendum participants are winning because they are lying and cheating, we might also think that honourable strategies won’t tip the balance. We know that, like pragmatic politicians, we might need to go a bit further to win key debates. Anything else is idealism, right?

Policy should be based on evidence, not electoral politics, ideology and emotion

The same can be said for many scientists bemoaning the lack of ‘evidence-based policymaking’ (EBPM). Some express the naïve hope that politicians become trained to think like scientists and/ or the view that evidence-based policymaking should be more like the idea of evidence-based medicine in which there is a hierarchy of evidence. Others try to work out how they can improve the supply of evidence or set up new institutions to get policymakers to pay more attention to facts. This seems to be EBPM’s equivalent of idealism, in which you largely wish for something that won’t exist rather than trying to produce pragmatic strategies for the real world.

A more pragmatic two-step solution is to:

(1) work out how and why policymakers demand information, and the policymaking context in which they operate (which I describe in The Politics of Evidence-Based Policymaking, and with Kathryn Oliver and Adam Wellstead in PAR).

(2) draw on as many interdisciplinary insights to explore how to do something about it, such as to establish the psychology of policymakers and identify good ways to tell simple stories to generate an emotional connection to your evidence (which I describe in a forthcoming special issue in Palgrave Communications).

Should academics remain idealists rather than pragmatists?

Of course, it is legitimate to take what I am calling an idealistic approach. In politics, Corbyn’s idealism is certainly capturing a part of the public imagination (while another part of the public watches on, sniggering or aghast). In the Academy, it may be a part of a legitimate attempt to maintain your integrity by not engaging directly in politics or policymaking, and/or accepting that academics largely contribute to a very long term enlightenment function rather than enjoy immediate impact. All I am saying is that you need to choose and, if you seek more direct impact, you need to forego idealism and start thinking about what it means to be pragmatic while pursuing ‘evidence informed’ politics.

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Filed under agenda setting, Evidence Based Policymaking (EBPM), public policy, UK politics and policy

The future of Scotland in the UK: does the remarkable popularity of the SNP make independence inevitable (version 2)?

This is an updated blog post. The original post provided notes for my lecture on the 15th June at the Centre for British Studies, Humboldt University of Berlin, as part of the  Ringvorlesung: The Future of the UK: Between Internal and External Divisions. I had written it before the vote in the UK to leave the EU, which provided the only realistic chance of a second referendum on Scottish independence. So, the background sections remain the same, but I update the contemporary section with reference to Brexit and its consequences.

The advertised abstract read:

The vote to remain in the UK, in the Scottish independence referendum in 2014, did not settle the matter. Nor did it harm the fortunes of the pro-independence party, the Scottish National Party. Instead, its popularity has risen remarkably, and major constitutional change remains high on the agenda, particularly during the run up to a referendum on the UK’s exit from the EU. This continued fascination with the constitution overshadows the day-to-day business of Scottish politics. Cairney highlights one aspect in particular: the tendency for limited public and parliamentary scrutiny of substantive policy issues when they are viewed through a constitutional (rather than substantive policy) lens, producing an image of weak accountability.

My aim is to:

  • Explain why the Scottish National Party’s popularity is remarkable
  • Note that none of us have predicted it – or indeed much of the short history of devolution – too well, and use this point as a cautionary tale
  • Describe why independence is not inevitable (even though it often seems likely)
  • Shoehorn in some analysis of the links between our fascination with the constitution and the more humdrum world of actual policy.
  • Provide a brief update on the impact of the EU referendum, bearing in mind that I am no less hopeless than anyone else about predicting the future.

The remarkable popularity of the SNP

The SNP’s popularity is remarkable in two main ways:

  1. In 1999, the main party was Scottish Labour

Scottish Labour had dominated Westminster and local elections in Scotland for decades before the first Scottish Parliament election in 1999 (it also won a plurality of European Parliament seats, but with far lower margins):

  • Westminster (plurality electoral system). Labour won most Scottish seats in every election from 1959-2010. In 1997, it won 46% of the vote and 56 (78%) of 72 Scottish Westminster seats (Cairney and McGarvey, 2013: 45). The SNP won 22% of the vote and 6 (8%) seats. A similar pattern continued until 2010: Labour dominated Scottish Westminster seats even when the SNP began to win Holyrood elections.
  • Local elections (plurality until 2003, single transferable vote from 2007). In 1995, its 44% of the vote translated into 613 (53%) of 1155 seats and it remained the largest party until 2007 (Cairney and McGarvey, 2013: 51).

This dominance produced an expectation that Scottish Labour would become the largest party in the Scottish Parliament for the foreseeable future. In that context, the fortunes of Labour and the SNP changed remarkably quickly (see table 3). In 1999 and 2003, the main limit to Labour dominance was the electoral system: it won the majority of constituency seats comfortably but few regional seats (it also won most constituency seats in 2007). By 2011, this position had reversed and, by 2016, the regional list was the only thing standing between Scottish Labour and electoral oblivion.

In contrast, by 2011 the SNP achieved a majority of Scottish Parliament seats because the regional element of the mixed-member proportional system (56 of 129 seats) was not large enough to offset SNP dominance of constituency seats. This is a remarkable outcome if we accept the well-shared story that Holyrood’s electoral system was ‘chosen by Labour to stop the SNP ever the getting the majority it needed to push hard on the independence agenda’ (Cairney, 2011: 28).

  1. The SNP’s popularity did not dip after the 2014 referendum

You could be forgiven for thinking that a No vote in the referendum on Scottish independence would damage the SNP. If it is a single issue party, and most voters rejected its position on the issue, wouldn’t you expect it to suffer? Yet, here is what happened instead:

It’s not so remarkable if you know that the SNP is not a single issue party. Instead, it is a highly professional organisation which has won elections on the back of valence politics as well as identity.

The SNP did well in 2007, and very well in 2011, because ‘most voters thought that the party would do a better job in office than its rivals’. People vote for a party when they respect its leader, its vision for the future, and have a high expectation of its competence while in office – and the SNP has benefited from being a party that looks highly professional (although one’s belief in the competence of the SNP may be linked strongly to one’s national identify and support for independence).

So, (a) it’s worth noting that the SNP is doing well partly because 45% of the vote will not win you a referendum, but it (plus a bit more) will do very nicely in a not-super-proportional election system, but (b) there is far more to the SNP’s story than a translation of national identity into support for independence into support for the SNP.

None of us predicted it well: a cautionary tale

You’ll always find someone who claims that they predicted these developments correctly, but that’s because of the immense number and range of hyperbolic predictions – from the claim that devolution provided a ‘stepping stone’ to independence, to the claim that it would kill nationalism ‘stone dead’ – rather than the predictability of politics.

So, for example, in retrospect we can say that devolution provided an important new platform for the SNP, but at the time we did not know that it would use this platform so effectively from the mid-2000s.

Similarly, maybe some people in the future will look back to argue that Scottish independence was inevitable, but without being able to predict the detailed mechanisms of decisions and events.

Scottish independence is not inevitable (even though it often seems likely)

Before the Brexit vote, I tried to sell the idea that 10 years is the magic figure between Scottish referendums (2014 and 2024): a short enough distance to keep pro-independence actors content, and long enough to hope that enough people have changed their minds. In the meantime, the SNP and Greens would produce some vague triggers (like a surge in opinion poll support).

Now, if a second referendum is to happen, it is because of the constitutional crisis prompted by Brexit. Overall, most UK voters chose to leave the European Union, but most voters in Scotland chose to remain. The SNP and its allies will push for a second referendum on that basis, with reference to a ‘democratic outrage’. It possesses the votes to pass a bill to that effect in the Scottish Parliament, and needs some cooperation from a UK Government led by the party that just used a referendum to justify major constitutional change. It is difficult to see why the Conservative government would oppose a referendum under those circumstances (rather than allow it to take place and argue for the Union) even though UK government ministers have rejected the idea so far.

If a second referendum happens, it could happen before 2020. I am hesitant to say when exactly, partly because there is so much uncertainty, which too many people try to fill with needless speculation. For example, Sturgeon confirmed that it could happen as early as 2017, but only because the BBC asked her what she would do if the UK government behaved unreasonably.  In the same interview, Sturgeon also suggested that it may take a long time for the UK to invoke ‘Article 50’, which triggers a notional two-year negotiation period before the UK leaves the EU.

Before we know if a second referendum is likely, and the likely date, we need clarity on two things: (1) the extent to which the UK can (and is willing to) negotiate a deal with the EU which satisfies the SNP and Scottish voters (by becoming Brexit-lite or providing Scotland-specific provisions on key issues like free movement of people); and, (2) the timing of Brexit, since a Scottish referendum would hopefully not take place until we know what we are voting for (which might not happen until near the end of the notional two-year negotiations). Still, it is likely that the vote would be binary, as some version of: stay in the UK out of the EU, or leave the UK and stay in the EU.

Dissatisfaction with devolution is not the same as support for independence

Recent events reinforce the sense that Scottish devolution will never seem like a ‘settlement’. Instead, until recently, we have had a routine process in which: (a) there is a proposed devolution settlement, (b) it sticks for a while, (c) there is a rise in support for independence or further devolution, (d) there is another settlement.

So far, this has happened in 1999 (the first modern settlement), from the SNP’s first Holyrood win in 2007 (producing the Scotland Act 2011), and during the referendum itself (producing the Scotland Act 2016).

The difference this time is the sense – often generated by supporters and opponents of independence – that the 2016 Act is the final offer. If so, before Brexit, we had two key scenarios:

  1. This offer proves to be too unpopular to maintain support for devolution, there is a further referendum, and no-one can offer more devolution in exchange for a No vote.
  2. The 2016 Act finally helps address the idea of a ‘democratic deficit’ in which (a) most people in Scotland vote for one party in a UK General election (usually Labour, now SNP) but get another (often Conservative), and (b) this problem helps produce the sense that the UK Government is imposing unpopular policies on Scotland. For the new Act to work, you would need to generate the widespread sense, among the public, that a Scottish Government could choose to mitigate the effects of a UK Government (perhaps without raising taxes).

Now, things are a bit more complicated, since devolution is no longer simply about Scotland’s position in the UK. Scenario two now has to be accompanied by the sense (however true) that the Scottish Government is able to negotiate a distinctive relationship with the EU while remaining in the UK.

What happens in the meantime? The humdrum world of scrutiny and policymaking

In the meantime, Scottish politics exhibits an unusual twist on the usual tale of Westminster politics:

  1. We have the familiar disconnect between two understandings of politics, in which (a) we use elections and some parliamentary scrutiny to praise or blame governments, but also (b) recognise the limits to central control, which undermine a meaningful sense of accountability.
  2. This confusion is complicated by devolution and ‘multi-level governance’ in which we are not always sure about which level of government is responsible for which policy (although Brexit will remove a level from many of those relationships!)
  3. It is complicated further by the 2016 Act, in which there are many new shared responsibilities between the Scottish and UK Governments.
  4. So, politicians tell very different stories about what the Scottish Government can do, who is in charge, and who should take the blame for policy outcomes.
  5. And the Scottish Parliament continues to struggle to know how best to try to hold the Scottish Government to account (and it might soon struggle a bit more).

Perhaps one possible exception is the new debate on educational attainment. First Minister Nicola Sturgeon staked a large part of her reputation on reducing the gap in attainment between students in the most and least deprived areas of Scotland. Before the election, she promised to ‘close the attainment gap completely’.

Although the SNP manifesto in 2016 presents more equivocal language (reflecting the sense that it does not know how much it can reduce the gap), it remains significant: as an issue in which there are constitutional complications (the Scottish Government does not control fully the economic and social security ‘levers’ affecting levels of deprivation), but the SNP is not using them to qualify its aims.

This example supplements several ongoing debates of high party political importance, in which there is not a constitutional element (on, for example, the Scottish Government’s ‘named person’ policy and legislation on ‘offensive behaviour’ in relation to football).

In the original version of this post, I signed off by speculating: ‘maybe such cases suggest that, for at least the next few years, we will pretend that there is a Scottish devolution settlement that that we are not just killing time until the next referendum’. It already seems like an out of date hope: the constitution is back at the top of our agenda, and I can’t remember the last time I read a story about domestic policy in Scotland.

 

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