Scottish Brexit Hysteria: Nicola Sturgeon’s Flawed IndyRef2 Argument

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I begged once, back in 2014. I will not beg again.

Thus far I have refrained from commenting on Nicola Sturgeon’s tunnel-visioned decision to agitate for a re-run of the 2014 Scottish independence referendum following last year’s vote for Brexit.

Back then, I poured my heart into the pro-Union campaign because I strongly believe in our United Kingdom, and do not want to see what I believe to be one of the two greatest and most consequential countries on Earth torn apart unnecessarily to the diminution of all. My beliefs have not changed since then.

However, I do not intend to make another argument or write even one more article seeking to convince the Scottish people to realise the self-evident, inherent wisdom of remaining in our United Kingdom. As the 2014 campaign drew to a close, I quoted the peroration of President Abraham Lincoln’s famous first inaugural address, which sums up my feelings far better than I can put into my own words:

In your hands, my dissatisfied fellow-countrymen, and not in mine, is the momentous issue of civil war. The Government will not assail you. You can have no conflict without being yourselves the aggressors. You have no oath registered in heaven to destroy the Government, while I shall have the most solemn one to “preserve, protect, and defend it

I am loath to close. We are not enemies, but friends. We must not be enemies. Though passion may have strained it must not break our bonds of affection. The mystic chords of memory, stretching from every battlefield and patriot grave to every living heart and hearthstone all over this broad land, will yet swell the chorus of the Union, when again touched, as surely they will be, by the better angels of our nature.

Substitute “separation” for “civil war” and you have my distilled viewpoint on the matter of Scottish independence. But Scottish nationalism is a blind and unreasoning beast, appeals to logic and sentiment will get us nowhere, and we should recognise this fact. If one seriously believes that the Scottish people are being oppressed and having their democratic rights trampled by the Evil English, or that they somehow lack their due influence in our nation’s government despite enjoying political devolution and autonomy far greater than that enjoyed by the UK’s most populous home nation, then a sensible discussion cannot be had.

Neither am I willing to involve myself in another referendum campaign which will consist of those on the side of Scottish independence prancing around pretending that they are the sole custodians of compassion and progressivism (not that I claim the latter label for myself), and that the only thing preventing Scotland from becoming a modern-day socialist Utopia is the cold, dead hand of English conservatism. I will not buy into the pernicious myth that people’s hearts get a little bigger and their spirits more generous the moment they move north of Berwick-upon-Tweed. Scottish nationalists: try building that compassionate welfare state with a 15% annual government budget deficit and the economy-suffocating tax rises which would be required to close it, and then talk to me about compassion.

Nor am I willing to debate on the skewed terms of the Scottish National Party, which is an authoritarian, centralising machine (one fire and police service for an entire country, really?!) which would happily turn Scotland into an undemocratic one-party state under the cult of personality of Nicola Sturgeon or Alex Salmond given the opportunity. I will not debate further concessions or autonomy for Scotland when the SNP government refuses to avail itself of the fiscal autonomy which has already been granted, and when similarly populous English regions (like, say, Yorkshire) are equal in population but have a fraction of the voice, and yet bear this injustice with more stoicism than that of every last Scottish nationalist combined. The SNP does not debate or negotiate in good faith, as should be evident by the mere fact that we are even discussing a re-run of the independence referendum after the matter was supposedly settled for a generation.

All of that being said, and despite the known disingenuousness and bloody-mindedness of the SNP, I was rather surprised by Nicola Sturgeon’s widely reported public statements and recent series of tweets, which amount to nothing more than another hysterical hissy fit about Brexit coupled with an Olympian denial of reality – Trumpian “alternative facts”, if you will:

Sturgeon wants to hold another referendum when “the terms of Brexit [are] clear and before it is too late to choose an alternative path”. But it is clear to everyone with a functioning brain that there will be no alternative path. No matter how much the UK government screws up the negotiation and process of Brexit, there is no alternative for Scotland to remain an EU member. It has been stated and restated by one EU leader after another that there is no mechanism either for a region to remain part of the European Union when its parent member state secedes, or for a seceding region to claim automatic, continuous or even expedited EU membership on the basis of the former parent country’s membership.

One can argue about whether this is right or wrong – the political motivations behind it are quite clear, with certain other EU member states none too keen to give succour to restive independence movements in their own regions – but one thing a government should and cannot do is base its policy and public pronouncements on a denial of basic reality which can best be described as howl-at-the-moon stupid. If Scotland wants to be an “independent country” and an EU member (to the limited extent that the two overlap) then it must apply to rejoin the EU as a new entity from the outside, whereby its application will almost certainly be vetoed by Spain. Those are facts.

So what does Sturgeon mean when she says that the Scottish people must be free to pull the eject lever on the United Kingdom “before it is too late to choose an alternative path”? She is basically lying to her own citizens, pretending that the ejector-seat she is selling them is connected to a functioning parachute when in fact it is weighed down by the iron anvil of reality. And what is that awkward reality? The fact that voting to secede from the United Kingdom necessarily and automatically means that Scotland would find itself out of the UK and the EU, certainly for a long time and almost certainly forever.

Of course, many Scottish nationalists and their finger-wagging apologists in the rest of the UK love to argue that it is somehow ironic for pro-Brexit Unionists to warn Scotland of the dangers of finding itself locked outside of a larger political entity. These people think that they have hit on a clever, winning argument when in fact all they have done is reveal the paucity of their own understanding of patriotism and national identity, let alone why people voted for Brexit.

There never was (and likely never will be) a culture and common feeling of “European-ness” that outweighs British identity, and so it never made sense for such a powerful and dominant level of supranational government – one with determinedly expansionist, federal aspirations, no less – to sit over us in Brussels. There is, however, a strong sense of Britishness and shared British history, no matter what contemporary pundits say about the decline of Britishness and the rise of English nationalism.

If you doubt it, answer this one question: what was the name of the decisive Second World War air battle fought between July and October 1940? (Hint: even a post-patriotic millennial can tell you that it wasn’t the Battle of England, just as Pearl Harbor and 9/11 were attacks on the United States of America and not on Hawaii and New York respectively). Our sense of identity is overwhelmingly forged as a unified British entity (albeit one with proud constituent home nations), no matter what narratives of fracture that the pro-EU media class try to feed us. And so there is all the difference in the world between wanting to preserve the United Kingdom, to which most of us have at least some sentimental attachment, and wanting to free the United Kingdom from antidemocratic supranational European government which didn’t exist half a century ago and which most people barely comprehend.

Brexit, at its core, sought to return the highest and most consequential level of government to a polis with a commensurate sense of shared identity. If Scottish nationalists try to suggest that it is somehow hypocritical for Brexiteers to support the United Kingdom and warn of the cultural costs of separation then they either think that you are stupid or else are being catastrophically stupid themselves. Both options are equally plausible.

So by all means let Scotland hold another referendum, at the appropriate time. If they choose to defy the current polls and vote for true isolation on the world stage as a tiny country in poor fiscal health, determined to antagonise its larger neighbour, then that is their right. But they must do so only when the temper tantrum of their attempted divorce from the United Kingdom does not further imperil what is already a fraught and difficult Brexit negotiation for the rest of us.

Since Scotland is coming out of the European Union anyway (as even Nicola Sturgeon realises in her more lucid moments), it makes absolutely no sense for Scotland to pull the eject lever and jettison from the United Kingdom before the Brexit negotiations and process are complete. Sturgeon pretends that the referendum must be held virtually overnight, before it is “too late to choose an alternative”, but she is deliberately deceiving the people she represents. There will be no alternative other than the binary of life inside Brexit Britain or life as an independent country, whether the vote is held tomorrow or in 2025. All that holding IndyRef2 before Brexit is complete will accomplish is prioritising the vainglorious fantasy of Scottish nationalists over the UK government’s solemn responsibility (shoddily discharged thus far, admittedly) to secure the best deal and optimal future relations for our entire United Kingdom.

So go ahead, Scotland. Have your second referendum – at the appropriate time, once the United Kingdom you so despise has successfully finished negotiating its way through our present great national trial. I will not say a single further word to convince you to stay – the decision is yours, and if Project Fear worked back in 2014 then I can only hope that Project ‘Mystic Chords of Memory’ will ultimately do the job next time around.

So do what you will. But in 2014 you voted to remain part of the United Kingdom, and as a full and equal part of the UK you don’t now get to sabotage the Brexit process in pursuit of the SNP’s unachievable fantasy of leaping smoothly from our Union to that of Brussels.

 

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UK Supreme Court Strikes Down The SNP’s Unlawful Named Person Scheme

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The UK Supreme Court slaps down the SNP-led Scottish Government’s assault on privacy and individual liberty manifested in the evil Named Person scheme, citing the creeping threat of totalitarianism

Good news from the UK Supreme Court today, which has made an important decision in favour of civil liberties and privacy by ruling the SNP government’s insidious “Named Person” child-monitoring scheme unlawful, giving Holyrood no recourse to further appeal.

Specifically the Supreme Court struck down provisions which allowed the sharing of sensitive data about Scottish children between agencies, which the court held to be in breach of the right to privacy and a family life under Article 8 of the European Convention on Human Rights.

The court further held that several of the provisions for data sharing in the Children and Young People (Scotland) Act 2014 were beyond the legislative competence of the Scottish Government – in other words that Nicola Sturgeon’s nationalist government has been getting far too big for its boots, and should perhaps focus on trying to deliver better governance for Scotland instead of greedily seeking to acquire ever more power over its own citizens.

What is most encouraging about this ruling – besides Nicola Sturgeon being put firmly back in her box, of course – is the strong, uncompromising language used by the justices in their decision.

From the judgment:

Individual differences are the product of the interplay between the individual person and his upbringing and environment. Different upbringings produce different people. The first thing that a totalitarian regime tries to do is to get at the children, to distance them from the subversive, varied influences of their families, and indoctrinate them in their rulers’ view of the world. Within limits, families must be left to bring up their children in their own way.

The justices then go on to quote the late US supreme court justice James Clark McReynolds, who held in Pierce v Society of Sisters:

“The fundamental theory of liberty upon which all governments in this Union repose excludes any general power of the state to standardize its children by forcing them to accept instruction from public teachers only. The child is not the mere creature of the state; those who nurture him and direct his destiny have the right, coupled with the high duty, to recognize and prepare him for additional obligations.”

The child is not the mere creature of the state – a universal truth, but one seemingly forgotten by the Scottish National Party in their paranoid desire to centralise and monitor everything that takes place north of the border.

This is a remarkable tirade against totalitarianism and in favour of individual liberty, and can only be seen as a stunning repudiation of the SNP’s entire suffocating, infantilising attitude towards their own citizens. To warn about the slippery slope toward totalitarianism in such an clear way only serves to underscore just how illiberal – and vastly disconnected from the welfare of the child – the Named Person scheme really is.

What is even more remarkable is that such a start warning against totalitarian instincts came not from a mainstream elected politician, but from unelected judges. In its short history, the UK Supreme Court’s judgments have not exactly set the world on fire or shifted numerous copies of approving books in the way that one might pore over the dissents of Ruth Bader Ginsburg or the late Antonin Scalia. That mild-mannered UK supreme court justices are mentioning totalitarianism and quoting McReynolds at all is proof that we are in trouble.

In their reporting, the British press has been making much of the fact that the ruling later goes on to call the Children and Young People (Scotland) Act 2014 “unquestionably benign”. In their article, the BBC makes no mention of these pointed references to totalitarianism in the judgment, immediately revealing the corporation’s bias and reluctance to report properly on stories which are critical of the authoritarian leftist Scottish government.

But as it was with the shock Brexit vote in the EU referendum, once again the media’s barely concealed support for infantilising, authoritarian Big Government policies has been overridden. In this case, the supreme court has spoken (though how much better it would have been had the Supreme Court been able to strike down the Named Person Act with reference to a British Bill of Rights or constitution rather than the expansionist ECHR).

As this blog noted when the Named Person scheme was last being debated prior to the 2016 Holyrood elections:

Whether any given Scottish person wants their top layer of government to reside in Holyrood or Westminster, surely anybody should agree that the bottom layer of government should not intrude deep into the family unit in the way that the Named Person Scheme does.

[..] This is the SNP at work in government. A hectoring, overbearing movement which seeks to centralise everything they can touch, from the state monitoring of children to the police and fire services – with deadly consequences, in the latter cases.

Today, a blow has been struck against the insidious ratchet effect underway in Britain, leading inexorably to a larger and more interfering state. We should be grateful to the Supreme Court for their decision, and to The Christian Institute and other appellants for fighting the case.

But it should not fall to an unelected judiciary to make the bold and uncompromising case for individual liberty. Ruth Davidson did a magnificent job opposing the Named Person scheme on behalf of the Scottish Tories, but we need more politicians across the board who are willing to stand up for liberty and who possess the imagination to conceive of a world where government is not the answer to every single problem.

The Supreme Court did us proud today. It is about time for more of our elected politicians to do the same.

 

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The SNP Government Is Unilaterally Creating Its Own Foreign Policy

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Grandstanding SNP politicians do not have the right to unilaterally set British foreign policy

In a concerning report by the Herald Scotland, it transpires that the SNP government north of the border is attempting to create its own mini foreign policy, not aligned with nor cleared through the Foreign and Commonwealth Office in Westminster.

More concerning still, the fact that the Foreign Office quite rightly asked the Scottish government to cease and desist from this irresponsible behaviour is being portrayed as the real scandal, rather than Nicola Sturgeon’s back-of-an-envelope attempt at statecraft.

From the report:

The Foreign Office in Westminster is demanding to vet Scottish Government dealings with other countries on human rights, according to correspondence seen by the Sunday Herald.

The UK foreign minister, James Duddridge, has asked the Scottish international development minister, Humza Yousaf, to clear all his letters to foreign governments with the UK government before raising concerns about human rights infringements and other matters.

The move has infuriated Yousaf. “It beggars belief that the Tories – who are in the midst of scrapping the Human Rights Act – want to vet the Scottish Government’s letters raising human rights concerns abroad,” he said.

“I am proud of the SNP raising concerns about human rights without fear or favour – and certainly will take no lessons from the Tories on this,” he added.

“Whilst we are happy to share correspondence with Westminster, as we have done to date as a matter of courtesy, we certainly will not be asking or seeking permission before raising legitimate concerns about human rights.”

And for context:

Yousaf wrote to Duddridge and the Malawian High Commission, Kena Mphonda, on December 16 2015 raising concerns about the arrest of two Malawian nationals, Cuthbert Kulemela and Kelvin Gonani, for alleged homosexual offences.

Duddridge replied on January 7 2016, saying that following representations from the UK government, charges against the two men had been dropped. “You mention that you have written to the Malawian High Commissioner on this matter,” he wrote.

“While it may be useful that the Malawi High Commission is aware of your concern about this issue, I would be grateful if correspondence with governments on human rights and other reserved matters be cleared through this department.”

There is no grey area or room for interpretation here – this was a completely irresponsible act on the part of the devolved Scottish government. Foreign and defence matters are reserved to the UK government and Westminster parliament as you would expect in any country even remotely based on the principle of subsidiarity. It is not the job of any of the devolved assemblies – in Wales, Scotland, Northern Ireland or indeed England, if there was one – to enter into sensitive diplomatic correspondence with other sovereign nations.

Imagine for a moment that one day California or Texas decided to start acting as an independent agent on the world stage, raising all manner of issues with foreign governments, and maybe even negotiating their own trade deals or bilateral arrangements. The federal government in Washington, D.C. would rightly never tolerate such an arrangement, as it would undermine the very sovereignty and credibility of the United States. The same goes for Scotland.

Whether the SNP government had a point is immaterial. In this case, the SNP and their buccaneering international development minister Humza Yousaf (again, a role which should not exist in a Scotland which remains part of the UK) are probably on the right side of the issue. Malawi has a very concerning record on LGBT rights and the persecution of individuals, and the concerns raised were valid. But being right on this one occasion does not validate the wholly offensive principle of Scotland creating its own mini foreign policy behind the UK’s back.

In typical virtue-signalling SNP fashion, Yousaf tries to fold this issue into their pitched battle against the Heartless Evil Tories in Westminster, saying he will “take no lessons from the Tories” on human rights. But this isn’t about human rights. It is about the structure and proper running of our country. If we now establish the principle that self-regarding Scottish politicians can make interventions like this with foreign countries, what is to say that they cannot one day scupper a sensitive trade, security or intelligence negotiation by blundering onto the scene and undermining the UK’s position?

Even if the Scottish government happens to be right, any differences of opinion on foreign policy matters should be discussed and settled behind the scenes, so that the UK government can speak with one voice. Anything else will see the UK mercilessly divided and conquered by our foreign negotiating partners.

The Scottish people voted in 2014 to remain part of the United Kingdom on the understanding that certain additional domestic powers would be devolved from Westminster. Whether or not you believe that the UK government has delivered on those pledges, at no time was the idea of an alternative Scottish foreign policy raised for debate. There was no expectation that the Scottish government should be an independent actor on the world stage any more than the governor of Iowa or Texas can sign treaties with North Korea.

But as with so many other matters, a repeat of instances like this can only be prevented if we decide once and for all what kind of country we want to live in, and how the various parts of it should work together. And that means holding a constitutional convention as soon as possible. Given the approaching EU referendum, some time shortly after 23 June would seem to be a good time.

If we are to truly resolve the roiling questions about the future of the United Kingdom and our democracy and settle these issues for a generation or more, we need to collectively agree a fair and equitable devolution of powers to the four home nations on an equal basis. The question of whether England is treated as a home nation or a group of regions is of secondary importance, though this blog strongly believes that for true parity, England must be treated as a single entity just like Scotland. But this discussion must take place soon, within the wider context of a full constitutional convention.

Such a convention would give us the opportunity to debate and agree which powers should properly reside at each level – the federal UK government in Westminster, the devolved assemblies in the home nations, and county and town councils. We can simultaneously reform our legislature, ideally making the House of Lords democratically elected and ejecting the Lords Spiritual so that Britain no longer ranks alongside Iran as the most prominent technical theocracy in the world.

If this all seems ambitious and unlikely, then this is only a failure of our imagination. There is no good reason why we should not have such a debate (well, there is one reason – the future of the monarchy – which will be discussed in a future blog post). And as Pete North argues, why should we not be ambitious in terms of the future governance of our country?

Do nothing, and we can be sure that more of these instances will occur in the future, with ambitious Scottish politicians looking to make a name for themselves and burnish their human rights, national security or trade credentials by taking advantage of our lack of a written constitution and designing their own far-reaching roles on the world stage, with no oversight and no accountability.

Enough. No more SNP diplomacy by numbers. Whether they happen to be right or wrong on a given issue, for so long as Scotland is part of the United Kingdom, diplomacy and foreign policy should be a reserved matter for our shared government in Westminster and not hijacked by the Scottish nationalists.

That is the settlement which the people of Scotland signed up for in the 2014 referendum, and that is what they should now get.

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