A pro-independence blog by James Kelly - one of Scotland's three most-read political blogs.
Thursday, December 29, 2016
The joys of Twitter
If you want independence, you must be more like me
You must be more like me
You must stop mentioning JK Rowling
And quit protesting outside the BBC
Stop claiming abuse from unionists is a thing
But repent always for Cybernattery
Stay well away from Ardrossan
And throw that homing device into the sea
In fact just forget all about Brian Spanner
And invite Adam Tomkins to tea
Never utter the word "Yoon"
It renders you a zoomer, you see
You must ignore the existence of Stuart Campbell
(He hurt the feelings of my fave minoritee)
Don't put a full stop in front of a tweet
Instead give pounds to a billionaire's charidee
Look away from the front page of The National
Or normal people will say you need psychiatry
For the love of God vote Green or RISE on the list
CAN YOU NOT THINK TACTICALLY?
Now naturally I don't expect you to actually do any of these things
My realism is a sign of my immense maturity
But just you remember, when we don't get indy
It'll be because you weren't enough like me!
(With many thanks to David Officer, James Mackenzie, Scott Reid, Gerry Braiden, Professor James Chalmers, Leo Mikłasz, Mike Small and James McEnaney for inspiring this, er...poem.)
Thursday, December 22, 2016
The unionist media are in denial about it, but a second independence referendum moved even closer this week
However, in spite of misjudging the trajectory a few months ago, I still feel extremely confident in saying this : the likes of Kenny "Devo or Death / Brexit or Bust" Farquharson and whoever it is that writes the Guardian editorials are deluding themselves when they imagine that there is a realistic chance we are heading for a compromise that will head off a second independence referendum. Theresa May took only a few hours to reject Sturgeon's proposals out of hand, so to believe in the chance of a deal you must also believe that what we saw this week was merely some kind of way-station on the Scottish Government's journey towards accepting a semi-hard Brexit and departure from the single market, rather than a statement of Sturgeon's absolute bottom line. The Greens (who have disorientated us all by reinventing themselves as the new indy fundamentalists) have demanded that it must be the latter, and I'm convinced that's how it will be.
I've never met Nicola Sturgeon (I've never even had a selfie taken with her, so I really am the lowest of the low), and therefore can't read her mind. I've heard it said, as I'm sure we all have, that she's instinctively more cautious than Alex Salmond, although I also remember hearing it said in 2012 that she was actually much more bullish than Salmond about the all-or-nothing gambit of calling a single-question referendum on independence without a Devo Max option on the ballot paper. Regardless of the truth about her temperament, though, the real reason why a second independence referendum now looks almost inevitable is that she has to take her party with her when she makes the final decision. It's just a non-starter to imagine that the SNP rank-and-file are going to accept calling off the dogs on indy in return for departure from the single market, and no special status within Europe for Scotland - which is all that will be on offer from the UK government, barring a wildly improbable climbdown. The only way I could imagine the membership signing up to that 'deal' would be if there is some kind of compensatory offer involving a massively beefed-up devolution settlement - but London seem to be showing zero interest in that idea as well.
The unionist media are, as is their custom, telling themselves precisely what they want to believe - that the SNP membership don't matter, and that Sturgeon will be guided solely by opinion poll numbers and a private acceptance of the economic importance of an entirely fictional concept known as "the UK single market". It may be that it will continue to be possible to portray the opinion poll evidence as discouraging for Sturgeon over the coming months - Scottish polls are largely commissioned by anti-independence clients, after all, which means that the supplementary questions are often framed in a way that will produce the most negative answers. But that will not be the determining factor on whether a referendum goes ahead. Public opinion at the end of both the independence and Brexit referendums bore little resemblance to public opinion at the start of the campaigns. It would be a brave unionist who felt sure that initial Yes support in the mid-to-high 40s will not prove to be a successful springboard to victory. Which is a point well worth pondering - do the forces of unionism seem relaxed to you, in the way they would be if they really thought a referendum was unwinnable for Sturgeon? No, they don't seem relaxed to me either.
* * *
Theresa May seems to have an unconscious desire for a career in comedy. Only two years ago, her party told Scots to vote No because it was supposedly the only way to keep Scotland in the European Union. As a direct result of the electorate falling for that line and voting No, we are now on course to be forced out of the EU against our will. And yet Ms May innocently says that there is still "no need or reason" to revisit the decision on independence. It's a bit like someone saying to you "OK, I will marry you, but ONLY if you never, ever steal ANY of my chocolates EVER again", and you absolutely promise to go along with that, and then two months later you express bafflement about her decision to call the whole thing off while you're busy munching on her After Eights.
Friday, December 16, 2016
Yes, "The Vow" could have been delivered - but the UK government chose not to do it
To give an example : the Canada Act 1982 terminated Westminster's power to pass laws for Canada. Even if you argue that the principle of parliamentary sovereignty theoretically means that decision can be unilaterally reversed (a point that might be accepted by the UK courts but certainly not by the Canadian ones), there would actually have to be an "Act to Repeal the Canada Act" before Westminster could return to regulating the drains in Toronto, or whatever. So here's the problem - the Scotland Act 2016 didn't even get us that far in respect of Sewel. It used self-sabotaging language to render itself unenforceable, even while it's on the statute book. That was a deliberate choice of the UK government - there was nothing inevitable about it, and they have quite openly boasted in the Supreme Court about how the law was framed to ensure that nothing whatever changed (in particular by the insertion of the words "it is recognised" and "normally").
It's a distinction we must be absolutely clear about. That the Sewel Convention is not unrepealable is arguably part-and-parcel of the UK's most fundamental constitutional principle. But that the Sewel Convention is unenforceable right now was a political choice made by the London government - and that choice was made in brazen contravention of the "Vow" that secured the No vote in September 2014. They mustn't be allowed to get away with the fiction that an unenforceable declaration of commitment to Sewel was the best they could possibly have done within the confines of the constitution, because that simply isn't true.
* * *
Even by his own exalted standards, Mike "can't be arsed" Smithson of Stormfront Lite fame has been making some dubious comments of late, so I just thought I'd take a moment to deal with a couple of his daftest points. Firstly, he ludicrously claimed last week that the polls on Brexit were not actually wrong, and that anyone who says otherwise is talking "rubbish". To support this notion, he pointed out that 59% of polls in the last month of the campaign showed "non-Remain leads" (meaning either a tie or a Leave lead).
There's a hole in that logic that a poorly-educated hamster could see through. If public opinion changes during an election campaign, as it clearly did in the run-up to polling day in June, it will very often be possible to artificially select a time-frame that makes the polls look much more accurate than they actually were. For example : everyone knows that the polls (with a single honourable exception) got the 1970 general election hopelessly wrong. They pointed to a Labour overall majority, and the real outcome was a Conservative overall majority. But between 1967 and 1969, the Tories had actually been way in the lead in the polls, before Labour seemingly turned things around. Mike Smithson would doubtless argue that, contrary to the universally-held perception, the 1970 polls were not wrong, because over a three-year period they showed the Tories ahead on average. That would technically be accurate, and is no more or less silly than what he's said about the Brexit polls.
To credibly pray in aid a poll that gets the result broadly "right" a month before polling day, there must at least be an absence of evidence that public opinion changed significantly in the intervening weeks. Unfortunately for Smithson, the evidence that there was a late swing to Remain as June progressed is overwhelming. In early June, YouGov "correctly" gave Leave a 4% lead, but the eve-of-referendum poll from the same firm put Remain 2% ahead, and the on-the-day poll saw the Remain lead extend to 4%. Other firms showed a similar trend. The likelihood is that all of those polls were inaccurate, and that when Leave appeared to be slightly ahead, they were actually ahead by a significant margin.
It seems Smithson would like to think that the high level of advance postal voting is an adequate excuse for the inaccuracy of the later polls - but it isn't. If people had already voted by post, the polling firms asked them how they had actually voted, rather than how they planned to vote.
* * *
Elsewhere, Smithson rather desperately used aggregate numbers from a tiny handful of by-election results to demand that the BBC should revert to treating his own party (the Lib Dems) as more important than UKIP. Now, it may well be that the BBC have been guilty of giving UKIP disproportionate coverage over the years and thus unleashing the Brexit monster, but what's done is done - they can't now ignore the fact that UKIP received almost one-and-a-half million more votes than the Lib Dems in the general election, and have remained ahead of the Lib Dems in most opinion polls over recent months. Even since Richmond Park, there has been a poll giving UKIP a slight lead over the Lib Dems.
I would hope that somewhere, deep down, Smithson has just enough self-awareness to be embarrassed about his wildly unrealistic demands on behalf of his own party - especially bearing in mind his offensive and downright Orwellian claim a few years back that the SNP were guilty of "censorship" for simply trying to gain fair access to the televised leaders' debates.
Lashings of loveliness in Leven as SNP score key by-election triumph
SNP 37.0% (-4.0)
Labour 28.4% (-6.9)
Conservatives 18.5% (+11.7)
Liberal Democrats 14.3% (+4.3)
Greens 1.8% (n/a)
Things have come to a pretty pass when Labour are quite genuinely 'celebrating' a defeat in a former heartland, a 7% drop in their own vote share, and a 1.5% net swing from Labour to SNP. But it's probably fair to say that, in the context of the times, this is a tolerably good result for them. If extrapolated nationally on a 'just a bit of fun' basis, it would put them only a few points behind the SNP. The snag is, of course, that there is absolutely no evidence from any opinion poll or from any other recent by-election to suggest that their resilience tonight is anything more than a freakish one-off. The chances are that there were local or personality factors that worked in their favour in this particular contest.
Should we be at all concerned about the slippage in the SNP vote, given that the party had only a modest national lead in the last local elections in 2012? A loss of support is certainly more noteworthy in this sort of by-election than it would be in areas of traditional Tory strength - we can't just neatly put it down to a small number of No-voting ex-SNP supporters finding a way of resolving their cognitive dissonance. However, the most recent national opinion poll (conducted only two or three weeks ago) gave the SNP almost half of the popular vote, and in spite of the question marks that now hang over the polling industry, it's unlikely that polls would completely fail to detect a dramatic shift in public opinion.
The small increase in the Liberal Democrat vote is very much in line with last week's Scottish local by-election, the parliamentary by-election in Sleaford and North Hykeham, and also a couple of Britain-wide opinion polls. So there does seem to have been a genuine post-Richmond Park bounce for the party. The problem is that they'll need to follow up that win at some point if they want to maintain their momentum, and respectable third or fourth place finishes aren't really going to be enough. The afterglow of a single by-election success - no matter how spectacular - is generally pretty short-lived, and if what we're seeing now is as good as it gets for the Lib Dems, they're not really back in the game in any meaningful sense.
Tuesday, December 6, 2016
Heartbreak for Rennie as Carnoustie by-election fails to show much trace of a Richmond Park bandwagon effect
Immediately after the Richmond Park result became clear a few days ago, Professor John Curtice speculated about the possibility of an 'Eastboune effect' - a reference to a by-election gain out of the blue in 1990 that got the Lib Dems back into the game after a couple of years during which they had appeared to be fading into irrelevance. Well, the first little test of whether we're about to see something similar came in yesterday's Carnoustie by-election, and although there was an increase in the Lib Dem vote, it was pretty trivial in scale.
Carnoustie & District by-election result, 5th December 2016 :
Independent - Cheape 43.5% (n/a)
SNP 32.1% (-4.2)
Conservatives 17.7% (+11.6)
Labour 4.4% (-1.8)
Liberal Democrats 2.3% (+1.4)
I think the reason why a full-blown Eastbourne effect is unlikely is that British politics is much more fractured than it was in 1990. Not only are there more 'major' parties to choose between, but Scotland is also now much more psychologically detached from the rest of the UK. People here will have regarded the Richmond Park result as almost irrelevant to us - if you want to back an unashamedly 'Remain' party here, you'll generally do it by voting for the SNP, and not for a party that incomprehensibly voted against European single market membership in the Scottish Parliament only the other week.
That said, there's clearly scope for a 'niche' Lib Dem comeback in parts of England with decent levels of Remain support. I was shaking my head in disbelief on Thursday night at Diane Abbott's complacent line of argument that the Lib Dems' pro-European pitch will not play well in areas that voted to Leave. It doesn't need to, Diane - they're not trying to win a general election. 46% of the English electorate voted Remain, and if the Lib Dems can win over just one-third of those people, they'll essentially double their vote and regain a number of their old seats. Polls prior to Richmond Park suggested that the "Brexit Means Brexit" Tories were still comfortably outpolling the Lib Dems among Remain voters in England. There is now a golden opportunity for the Lib Dems to reverse that.
To return to Carnoustie, the SNP vote has actually held up much better than in the by-election in the same council area last week. There seems to be a pattern in the north-east of some No voters switching from the SNP to the Tories, but it hasn't happened on a big scale on this occasion - most of the boost in the Tory support came from elsewhere. Technically, this result is an independent gain from the SNP, but as is so often the case in STV by-elections, that's pretty meaningless - the SNP didn't actually win the popular vote in the ward last time around (they finished second behind a different independent).
As was the case last week, when the lower preferences of Labour voters were distributed, there were more transfers to the SNP (35) than to the Tories (20). Has Kezia backed the wrong horse?
Friday, December 2, 2016
UK government boasts that "The Vow" was a gigantic con-trick
It was widely noted that, technically, it was next to impossible to guarantee either the permanence of the parliament or the inviolability of the Sewel Convention, because the sovereignty of the Westminster parliament means that any constitutional law can simply be repealed later on. Nevertheless, the UK government insisted that the Scotland Act 2016 provided as much assurance as was humanly possible to give within the UK constitutional framework.
A number of us were a tad sceptical about that, and couldn't help wondering whether the use of weird and seemingly redundant wording within the legislation such as "it is recognised that" and "the UK Parliament will not normally legislate without consent" were deliberately intended to be self-sabotaging, and to render the whole thing unenforceable. Not at all, we were told. That was just paranoia. Yet more SNP grudge and grievance.
Hmmm. As it turns out, all it's taken is eight months since the Scotland Act passed into law, and the UK government are already openly admitting that we were correct in each and every respect about the cynical game they were playing. So desperate are they now to head off the risk of the Supreme Court granting the Scottish Parliament the kind of say over the Brexit negotiations that might actually befit "the most powerful devolved parliament in the world" (ahem), they've dropped all the former pretence, and have submitted a legal argument that explicitly argues that the wording of the relevant section of the Scotland Act deprives it of all credibility.
"The legal irrelevance of the Sewel convention is expressly accepted"
"the convention does not purport to prescribe an absolute rule. Its content is only that “Westminster would not normally legislate” (emphasis added). Whether circumstances are ‘normal’ is a quintessential matter of political judgment for the Westminster Parliament and not the courts. There are no judicial standards by which to measure such a question..."
"Nothing in that analysis is affected by the amendment of s. 28 of the Scotland Act 1998 (by s. 2 of the Scotland Act 2016) to include: “(8) But it is recognised that the Parliament of the United Kingdom will not normally legislate with regard to devolved matters without the consent of the Scottish Parliament”. All s. 28(8) does is to recognise the terms of the political convention in legislation. That does not render the application of it in any particular instance a justiciable matter for the courts. It is trite that legislation may include provisions which do not give rise to justiciable legal issues. The content of s. 28(8) is the same as that of the convention, save that its purely political nature is further emphasised by (a) the opening wording that it is “recognised”, and (b) its placement immediately after s. 28(7) which affirms the unconstrained legislative competence of the Westminster Parliament."
In plain language, this is a boast that the supposed placing of the Sewel Convention on a statutory footing was a con-trick. Further, it's an invitation to the Supreme Court to confirm that the deception was pulled off successfully. That whole section of the Scotland Act, we're being told, was the equivalent of a pretty illustration in a textbook - ie. for decorative effect only. At best, it was like forgoing a marriage certificate in favour of a small tattoo saying "Jenny and Kevin 4eva".
The eccentric notion that the government which crafted the law, and not the courts, should get to decide how to interpret the meaning of the word "normally" reminds me a touch of the Führerprinzip in Nazi Germany (ie. the government's word is above the written law), or the right of the communist Chinese National People's Congress to interpret the Hong Kong Basic Law. The rule of law in democratic countries does generally rest on a basic separation of powers - the political legislature passes the law, and then the non-political courts interpret and enforce it. That is the only way of ensuring non-arbitrary application of the law. Apparently, Westminster's exercise of overlordship in Scotland is exempt from that general principle.
The UK government's lawyers could have saved themselves a lot of time by submitting a legal argument that simply read : "OUR CONTEMPT FOR THE PEOPLE OF SCOTLAND IS ABSOLUTE. WE LIED, WE CHEATED, AND WE NO LONGER CARE WHO KNOWS ABOUT IT. SUCK IT UP, JOCKS."
Thursday, December 1, 2016
You've dunnit again, Gov.
Wednesday, November 30, 2016
"Engrossing" YouGov poll finds that Scotland is behind Sturgeon's drive to remain in the EU after the UK leaves - and understands this will require independence
Oppose 41%
Tuesday, November 29, 2016
Amazement and astonishment in Arbroath, Angus as buoyant SNP bag a by-election belter
Arbroath East and Lunan by-election result, 28th November 2016 :
SNP 35.0% (-8.8)
Conservatives 27.0% (+12.2)
Independent - Speed 17.2% (n/a)
Independent - Smith 11.8% (n/a)
Labour 6.7% (-6.0)
Liberal Democrats 2.3% (-0.6)
At first glance, that looks like a routine SNP hold on a reduced majority - but as is so often the case with STV by-elections, it's not that simple. The vacancy was caused by the resignation of an independent councillor - so it's technically an SNP gain from independent, even though the independent was 18% behind the SNP in the popular vote in the ward last time around. According to the 'Mike Smithson Doctrine', which ludicrously takes no account whatever of the previous result in the ward, this is therefore a result of unalloyed wonderfulness for the SNP (which is probably why Smithson hasn't mentioned it).
Back in the real world, there has been a significant swing from SNP to Tory, which very much follows the pattern of realignment we've been seeing recently - with Yes-voting ex-Labour supporters in west-central Scotland moving en masse to the SNP, and to a lesser extent No-voting ex-SNP supporters in the north-east moving to the Tories. In a proportional representation election, that swap will always work out quite well for the SNP, but it could potentially lose them a few seats in the next first-past-the-post Westminster contest. In retrospect, it seems a minor miracle that the post-indyref swing to the Tories in their former heartlands was delayed long enough for the SNP to clean up quite so comprehensively in last year's general election.
As the SNP candidate was elected on the sixth count, we're able to see where the various transfers went. It's refreshing to discover that Scottish Labour's love affair with the Tories isn't shared by a majority of their own voters in Arbroath - 31 Labour transfers went to the SNP, and only 18 to the Tories.