Time for our constitutional

"Watch therefore, for you know neither the day nor the hour."

It's not outwith the bounds of reason to suggest that Alex Salmond might have developed something of a Messiah complex. He has received the glowing adulation of his flock - and the approval of the electorate - and looks out on a sea of expectant faces waiting for deliverance. Those who favour independence for Scotland know that their very best hope is to put their trust in his political judgement, let him call the shots, and cross their fingers that his winning streak holds.

Understandably, Salmond is loathe to call any shots too soon. Hence the "promise" to hold the referendum toward the end of this parliament - a promise which only solidified after the election result. (Despite the many cries of "it was in the manifesto", it wasn't.)

But also understandably, Salmond is keeping a weather-eye on the opinion polls. Like the rest of us, he can see that Scots are keen on more autonomy, especially given the second coming of Thatcherism in Westminster born from the unholy alliance of wet Conservatism and orange Liberals. But he can also see that Scots are not keen to break the ties of this United Kingdom. It remains only a hard core minority who see the battles of hundreds of years ago as recent scars, and talk of freedom as if they understood tyranny.

These hard-liners want the question put to the Scottish people to be yes or no - independence or union. The question that was always assumed to be coming. The question that hard-liners on the opposite side want too. But inexorably, the SNP seems to be heading towards adding a third option to its referendum question, the so-called "devo max" - a maximally devolved Scottish administration still embedded in the union but with some level of fiscal autonomy and some level of greater devolution of the powers currently reserved to Westminster.

It is an idea that could gain significant support outside the SNP - Malcolm Chisholm has recently planted a Labour flag on it, and it suits the Lib Dem federalist wing nicely - and would likely be preferable to the status quo to those Scots who don't want to countenance full separation.

But while the SNP absolutely has an electoral mandate to bring forward a consultative referendum on independence, their mandate does not stretch to deciding the shape of Scotland's future governance within the UK. Both full independence (crown and parliament) and the retention of the status quo, are well-defined concepts on which the electorate can be reasonably asked to judge. But the third option of devo max is not clearly defined at all - just as devolution itself was not.

To define devolution, a constitutional convention was created, comprising all the major parties willing to take part, and representatives of civic society and the major churches. It was the Scottish Constitutional Convention which drew up the blueprints for today's Scottish Parliament and its relationship with Westminster; the Labour party implemented the convention's plans following a referendum in 1997.

If we are to have a 3 question referendum in the second half of this parliament, then it is beyond question that the definition of the middle option is key to its outcome. It would be utterly against our constitutional history - and political decency - for that definition to be drawn up by a single party whose policy is to oppose it. A third option must not be created as political leverage to push the vote in a particular direction. The question people are asked must be honest, and clear.

So I call upon Alex Salmond to come down from on high and declare now the shape of the referendum he proposes. And if it is to offer three options, then he should ask the major parties and civic society to reconvene the Scottish Constitutional Convention now, with a remit to agree the definition of devo max in good time to allow a proper debate to be held before the vote.

If there is to be a third option, then the delay in announcing the timetable and format of the referendum cannot go on. A convention could take two years or more to agree (the last one took nearly ten), and there must be time before the vote for a genuine public debate to be had on the question once it is established.

The SNP - as the sainted Alex himself said - do not have a monopoly on wisdom, and this applies just as much to the constitution as to anything else. It is time for them to stop using greater autonomy as a political football, and to declare their intentions to the Scottish people.

Recent writing

Update: following the sad demise of the Amansaman blog, the articles linked to below can now be found on this blog as well, under their original publication dates.
 
As I'm now contributing to a couple of other blogs I thought I'd do a quick round-up of things I've written elsewhere recently which you might have missed.

On LabourHame:

• Unionism is not a Labour value - I argue that we've allowed our stance on the union to be defined by others, and there's no reason we need to abide by it.
• Time for Labour to sober up? - I call for Scottish Labour to support minimum pricing for alcohol.
• An opportunity for Labour to set the gold standard in media relations, written at the height of the hacking scandal - I suggest we adopt a new, open approach to dealing with the press.
• Forward travel for Edinburgh - I argue that in the wake of the trams scandal we should not be afraid to propose ambitious transport plans for Edinburgh.

On A Man's A Man:

• Too many bananas will kill you - I call for strict controls on the sale of bananas. Either that or some evidence-based drug laws.
• Marriage is so gay - I hope that the coming discussion can be civil, or at least rational.
• Celebrity politics - as Sally Bercow entered the celebrity big brother house I wished her a brief, unsuccessful visit.
• Sectarianism: message received? - I argue against "send a message" legislation no matter how critical the problem.
• Put a cork in it, West Lothian - I look at the West Lothian Question and take the piss out of Tam Dalyell a bit.
• No miracles for the Swansea Valley - 24 hour news in the dock, and Kay Burley sentenced for crimes against decency and honesty.
• Robin Hood: a tax to change the world? - I support the financial transaction tax which could transform the markets and the world.

Robin Hood: a tax to change the world?

Take from the rich,
give to the poor,
shoot the odd arrow.
Sorted.

This article was originally published on Amansaman.

They do say the simpler an idea, the more likely it is to succeed. And the Robin Hood Tax is a pretty simple idea.

In 2001, the charity War on Want published a proposal for a tax on speculative trading on the international currency markets. The effect was to be twofold: to generate global revenues to be applied to fighting poverty across the world; and to reduce the risky trade in world currencies which had contributed to the East Asian financial crisis of the late 90s. A bona fide win-win. Charities and progressive groups applauded. The markets and the governments in their thrall shook their heads and carried on with business as usual.

We all know what happened next, of course. The banking crisis of 2008 which precipitated the global recession exposed our absolute reliance on the financial institutions which engage in speculative trading not just in currencies but in a range of other tradables of varying dubiety. But more significantly the period following the crisis, after banks had been bailed out with government debt to be paid off by taxpayers, showed that banks and traders were utterly unwilling to change their behaviour, and that the bailout had only cemented their attitude to risk. Public disquiet turned into anger.

At the behest of campaigners, political leaders started re-floating the idea of a Robin Hood tax. Gordon Brown proposed it at the G20 in 2009, other European leaders offered varying levels of support, but a common concern was that it needed to be a global system for it be successful. So in early 2010 a coalition of major charities, trades unions, politicians, economists and business leaders launched a concerted campaign for a Robin Hood tax.

The preferred model for this tax is a tiny (around 0.05%) financial transaction tax (FTT) to be applied across key trading areas such as stocks, bonds, foreign currency and derivatives. The group estimates this could raise £250 billion a year globally. Because transaction taxes already exist this approach is well-tested, cheap to implement and hard to avoid.

There are other models, not as effective but potentially more able to garner support from governments still cowed by the markets. A financial activities tax (FAT) – like VAT for bankers’ remuneration and excess profits – has the guarded support of the UK government, which is opposed to FTT. But it would raise less revenue and, crucially, have far less impact in reducing risky speculative behaviour in the financial sector.

So the news this week that the European Commission will press forward with a unilateral FTT from 2014 is very significant, in the week that Bill Gates, one of the world’s wealthiest and most successful businessmen, backed it too. It has pushed the UK government into accepting the concept, though they say they will only implement it if it is global. It has increased pressure on the US government, paralysed by the 2012 presidential election and huge legislative bias against tax. And it has legitimised FTT as a practical, effective way to curtail the damage the markets can do.

With London handling about 80% of Europe’s financial transactions, we’re getting close to crunch time. The UK’s decision on the Robin Hood Tax could help to redefine the relationship between government and the market. It could repair the damage done by the banking crisis while massively reducing the risk of it happening again.

In his speech to the Labour conference this week, Ed Miliband talked about opposing predators in the financial sector, and rewarding socially responsible business. The previous week, Vince Cable told the Lib Dem conference he wanted tough interventions in the banking sector to end profiteering at the expense of economic growth.

On Monday, George Osborne has his moment. Will he back Robin Hood? Will he move from the rhetoric of threat to the threat of action? Not yet, maybe. But the more people who call for it the more likely it is that he’ll have to.

So if you think the Robin Hood Tax is a simple idea whose time has come, you can add your voice to the call to make it happen. I have.

No miracles for the Swansea Valley

Sky News' Kay Burley

This article was originally published on Amansaman.

Few of us can have failed to be moved by the tragedy which unfolded in the Gleision Colliery in South Wales on Thursday and Friday. We saw the gradual extinguishing of hope in the grim but determined faces on our screens, optimism giving way to stoicism and finally resignation. Mining disasters have happened many times in this country, and mining communities have endured this pain often in the past, but we tend to think of the UK as being in a post-industrial age, and the sudden reality was shocking and raw.

Some of us no doubt made the comparison with the Chilean miners’ story from last year, a disaster which turned into a joyful story as those trapped were freed. Sadly there was to be no happy ending this time.

And the Chilean comparison was not lost on the army of 24 hour news teams which converged on the site as the story developed. They had, of course, had a bonanza on the Chile story – a gripping, heroic event with endless shots of tension and elation and a happy ending to crown it off. It was difficult to escape the impression that they thought they might have a repeat performance here.

There is that tension at the heart of all news journalism, of course – the inescapable fact that tragedy sells, and the all too easy step from informing the public to exploiting the victims. Add in a highly competitive landscape in which ratings make successes, being first with the latest consumes all, and social media, unfettered by principle, gazumps all scoops, and the mix becomes positively dangerous.

Enter Kay Burley.

For those who do not know, Ms Burley is a presenter on Sky News. If Sky News is an experiment in turning The Sun into a television channel, then Kay Burley is the lovechild of Kelvin McKenzie and Anne Robinson. For the avoidance of doubt, that is not intended as a compliment.

She has a well deserved reputation for blatant prejudice, glib ignorance and the excusing of both on the basis that her role makes her some sort of devil’s advocate. These are qualities which, of course, make her the ideal person to send to the scene of an unfolding tragedy.

Her questioning of exhausted rescuers giving their time to help update the nation on progress was banal beyond belief. “Can you tell us what the colliery is typically used for?” elicited a weary “It’s a coal mine” (the “you moron” being silent). She went on to harangue local MP Peter Hain, who had gone largely without sleep to organise help for the families and be a bulwark between them and the media. She asked stupid, offensive questions and criticised the baffled, sometimes rightly irritable response.

To say that Ms Burley has form here would be an understatement. Her spat with Labour MP Chris Bryant as she tried to dismiss the seriousness of the phone hacking case is well worth looking up on YouTube. She asked the visibly distressed former wife of the Ipswich prostitute murderer whether he wouldn’t have done it if she’d given him a better sex life. She conducted an interview with David Babbs of 38 Degrees which ended with her screaming at him and refusing to allow him to talk. Her live coverage from the scene of the police standoff with killer Raoul Moat was littered with leaps to judgement and invasive, unhelpful interviews.

There is clearly a time and a place – and an audience – for this style of confrontational, opinion-up-front presenting. But the time is not during an unfolding tragedy, and frankly the place is not the news.

The vicious circle of competitive 24 hour news channels is starting to create our own version of Fox News, and that is something that anyone who favours honesty and facts should be terribly afraid of. The hackgate affair put an end to Murdoch’s plans of taking Sky News permanently down this path, but there are clearly still forces at work pushing for the same thing.

There’s a grave danger that we assume the media has been shaken into change for the better by the recent scandal, and it has not. We’ve seen false contrition and careful legal work, but we haven’t seen fundamental change.

We’ll know when that fundamental change has come when tragedy starts being treated with respect, and Kay Burley is no longer on our screens.

An appeal for reason and compassion in the gay marriage debate

With the publication at the beginning of this month of the Scottish Government's consultation, a starting gun of sorts was fired in a national debate about same sex marriage. I say "of sorts" because in reality folk have been campaigning on both sides of this issue for a long time. But we now have a rough timetable: the consultation period will end on 9 December, meaning we're likely to see committee evidence sessions in 2012, and completion of whatever legislation is decided upon by 2013. Naturally this has galvanised people into action.

The Daily Record chose to announce news of the government's plans in a half column story on page 17 of the next day's paper. When you consider the months of hysterical front pages with which they greeted the announcement of Section 28 repeal in 1999, it's clear they have come a long way. Most other newspapers gave the news similarly unsensational coverage.

In some ways this is unsurprising. We have seen a major shift in public opinion on gay rights, and specifically on gay marriage, in the last decade. The most recent results from the Scottish Social Attitudes Survey show that 61% of Scots agree that same sex couples should be allowed to marry. Newspapers are following their readerships.

There remains a solid bloc of opposition to gay marriage, and it is naturally finding ways to get its message across. Of course we should have no objection to this. All honest opinions should be heard, and it is only by engaging in debate that we will all be able to hone our own views.

But dishonesty, deliberate misrepresentation, distortion and vilification are things we should all object to, whichever side of the argument we are on. Because we know from the traumatic experience of the Section 28 battle how harmful they can be. 12 years ago the lies and hounding of the Keep the Clause campaign did serious harm to LGBT people across Scotland, as I wrote about earlier this year. Much of that harm was the result of the currency of pernicious lies about gay people, their relationships and their lives which was used to try to persuade MSPs to oppose a small step towards fair and equitable treatment.

There is a grave danger that that same currency of lies and hurt will resurface in the coming debate, and could have the same hugely damaging effect on vulnerable Scots.

Already Philip Tartaglia, the Catholic Bishop of Paisley, has claimed that the government has no right to define marriage - a simple falsehood, as evidenced by the many times governments have redefined marriage in the past.

Worse, Cardinal Keith O'Brien has claimed that gay relationship are "harmful to the physical, mental and spiritual wellbeing of those involved". This is an old lie sometimes justified by fake pseudo-scientific papers produced by the US religious right. He went on to claim that gay marriage is only supported by "a small minority of activists". In truth, not only do the majority of Scots support equal marriage, the majority of Catholics do too.

And this week we have seen the intervention of Brian Souter, the fundamentalist Christian who funded that homophobic campaign to the tune of £1m 12 years ago, echoing some of these same lines.

I think there is a real and grave danger that this debate will descend into the sort of hate speech and misinformation campaign that Keep the Clause embodied. I think that right now, as we see the first warning signs, we need to try, together, to stop it happening again.

I therefore call on all sides in the gay marriage debate in to agree to a set of basic decency principles, to try to ensure that statements which misrepresent, vilify or do harm to others are not the currency of our discourse, to thereby prevent a repetition of the harmful, painful promulgation of anti-gay sentiment we saw in the Section 28 debate, and to permit reasoned, fair debate on a polarising subject.

I hereby declare:

1. I will not lie or make false generalisations about the lives or behaviour of any group in our society.
2. I will not knowingly lie about, distort or misrepresent any material fact.
3. If something I believe to be fact is shown to be unreliable, I will immediately stop saying it, publicly retract previous statements, and make every effort to stop others repeating it too.
4. I will recognise the right of our democratically elected government to enact legislation according to our constitutional law.
   

I call upon church leaders, politicians of all parties, media organisations, campaign groups and all other participants in the coming debate to make the same declaration. Please let us discuss this issue without condemnation or vilification, but with respect, with honesty, and with compassion.

Thank you.

Put a cork in it, West Lothian

This is not Susan Boyle

This article was originally published on Amansaman.

This week an old, thorny question was in the news again. Harriett Baldwin, a Tory MP for nowhere near West Lothian, brought forward a private member’s bill in the House of Commons to try to settle the issue of MPs from non-English constituencies voting on English-only matters.

Private members bills are an important part of Westminster democracy. They allow any backbench MP to propose legislation to a largely empty parliament chamber, hold an entirely meaningless vote among a handful of MPs, and then barter with the government to try to get a small sliver of their argument into law.

Calling things obscure names because of events many years ago is also a strong Westminster tradition, which explains why the issue of MPs voting outside their geographic competence is known as the “West Lothian Question”.

In 1977, when “home rule” for Scotland seemed just around the corner, the then MP for West Lothian, Tam Dalyell, was a vocal opponent of devolution. He pointed out that if Scotland had a parliament which was in charge of things like health and education, and English MPs therefore had no say in those areas in Scotland, then the fact that Scottish MPs would continue to have a say in those areas in England was a bit tricksy.

People nodded sagely, some muttering under their breath about the state of his hair, and agreed that at some point, something would have to be done. Enoch Powell, the fun-loving member for South Down, christened this the “West Lothian Question”, possibly because he couldn’t spell Dalyell’s name, and the moniker stuck. Happily for Tam, the mooted home rule never materialised, the Tories took over, and his question was shelved until 1997, when Labour got back into power and immediately embarked on devolution.

Remarkably, Tam Dalyell was still an MP, though by this point after boundary changes, for Linlithgow. (Disappointingly the question was never re-christened as the Linlithgow Question.) Once again the point was made about this clear problem, once again people nodded sagely, but in those heady early days of the Blair years all problems seemed minor, the sun glinted off Tony’s teeth, and it was decided to deal with it in due course, at some point, but really not worry about it too much.

Okay, perhaps a more honest version of the story would be that, with a large number of Scottish MPs being Labour, and the Blair government pushing through difficult reforms to English public services, having Scots voting on English-only matters was really quite handy for ensuring bills got passed, actually.

Fast forward to today, and with a Conservative-led government now pushing through their own disastrous challenging legislation, the existence of a phalanx of Scottish MPs, all but one of whom isn’t a Tory, brings the question to life properly. Tam himself is, sadly, no longer an MP so is unable to take part in the parliamentary discussions. But despite the government’s polite dismissal of Mrs Baldwin’s bill, it seems something may actually be about to be done.

A commission – of experts, no less – has just been set up to look into the issue. They will no doubt report on the usual glacial parliamentary timelines, but it is possible that before the end of this parliament, restrictions will be placed on non-English MPs to stop them voting on English-only laws.

But as Pete Wishart, the SNP MP, said in Friday’s debate, there is an elegant solution to this problem. It isn’t, as he suggested, Scottish independence, because that would leave people in Wales and Northern Ireland still voting on England’s business. No, it is even more obvious than that. It’s devolution for England to match the devolution in every other UK nation.

A federal United Kingdom. It’s the perfect answer. It has just one tiny flaw: the English don’t want an English parliament. They’re happy with the one they’ve got because they’ve never really noticed that it is anything more than an English parliament.

So, we shall see. Constitutional change of one sort or another is definitely coming. Scotland may vote for independence before Westminster hears back from the experts. English-only bills might end up getting special treatment in the Commons. Or the English people might rise up and demand their own, slightly different, parliament for some of the things that trouble them. But the main thing is, West Lothian will have its question answered. And I managed to get through this entire article without mentioning Susan Boyle. Ach, dammit.

Sectarianism: message received?

This article was originally published on Amansaman.

Sectarianism has rarely been out of the news since a spate of high-profile threats at the start of the year spurred the Scottish Government into action. A “summit” (as in “we have to do summit aboot this”) was held in the run up to the Scottish election, and football clubs, police and politicians promised action. When, after the election, Celtic manager Neil Lennon was assaulted on live television, the rhetoric hardened and the newly anointed SNP majority government pledged new laws to solve the problem.

Fast forward a few months and, while the passage of new legislation has been slowed to allow for proper consultation, the Lennon case has been prosecuted, and this week the jury reached a verdict, sensationally acquitting John Wilson of the assault charge, convicting him instead of a breach of the peace. But more interestingly as far as I’m concerned, the jury chose to remove the statutory aggravation of “motivated by religious prejudice” from the charge, meaning that Wilson was not convicted of a hate crime.

Under Scots law, any charge can have an aggravation attached to it by the Procurator Fiscal to identify additional factors in a crime, but different approaches in different areas mean that they are used haphazardly. Statutory aggravations are a relatively new concept designed to standardise aggravations to identify hate crimes. The first was introduced in 1998, covering racially motivated crimes; in 2003 a statutory aggravation for religiously motivated crimes was brought in; and last year more, covering homophobic and transphobic crimes, were created.

The logic is pretty reasonable. If hate crimes are accurately identified and similarly prosecuted across the country, then sentences can be consistent and the authorities can gather statistics which help formulate policy to combat these type of offences.

So far so good. Juries are being asked to assess the motivations of actions, like those of John Wilson, to decide how harsh his sentence should be. They have to be sure beyond a reasonable doubt of those motivations. So it is right that, when they cannot establish that certainty, such aggravations are dropped from the conviction. Nonetheless, statutory aggravations give a solid and useful method for identifying and monitoring hate crime across Scotland.

So if we have an effective way of prosecuting hate crimes (even if not all prosecutions are effective, as the Lennon case shows) then why is the Scottish Parliament in the throes of constructing more law to tackle sectarianism?

The answer, unfortunately, is that it is trying to “send a message”. A dodgy form of politics and a dodgy form of law, because it is essentially a sleight of hand. “Send a message” politics tries to change behaviour by giving it a special status in criminal law, when in fact the behaviour is already against the law. It tries to set up a hierarchy of badness, making a particular crime worse than another simply because it is part of a social phenomenon which is of concern.

We saw an analogy in the aftermath of the recent London riots, when magistrates were instructed to hand down jail sentences for all offences committed during the unrest. So the smashing of a shop window which might have attracted a fine were it done the day before, attracted six months in prison because it was done as part of that dangerous few nights. By all rational assessment this is ludicrous, and it’s highly likely that a series of expensive appeals will overturn the worst excesses.

The danger with current proposals for anti-sectarian law is that they may do the same. It is one thing to use statutory aggravations to track and monitor hate crimes; it is quite another to enshrine in law that committing a crime on the day of a football match is worse than committing the same crime the day before. A famous political fallacy is in danger of being brought to bear again: “Something must be done; this is something; therefore it must be done.”

Sectarianism is a scourge in parts of Scotland, but so are racism, homophobia and Islamophobia. And if we’re honest, they all have the same root, and it’s nothing to do with religion, race or sexuality. Some people are violent and pig-ignorant. We’ve developed ways of dealing with such people over the centuries, none of which are perfect, but they are the best we have. We ought to think carefully before we send any more messages using the law. They might just get lost in translation.