Last week was that rare thing: a good one for the UK Government in its usually tortured relationship with Scotland.
The decision by Scottish Secretary Alister Jack to block Holyrood’s Gender Recognition Reform Bill was backed by the Court of Session. He didn’t just win but swept the board, as Lady Haldane rejected every single one of the arguments made by devolved government lawyers.
As a result, the bill – a flawed mess driven by extreme ideology rather than sensible policy, and a showcase of disastrous political handling by Nicola Sturgeon – is toast. If Humza Yousaf knows what’s good for him and his party, he will now give it up rather than waste more taxpayer money on appeals. Many Scots, including independence supporters, were against the proposals and will be comfortable with this outcome.
For some years now, and despite how it may appear from the public rhetoric, discussions between Scottish and UK politicians have been relatively calm and considered. Yes, there have been arguments over whether the SNP is entitled to another independence referendum, but there always will be while that party remains in power.
In general, however, dealings have worked rather well – agreement was reached, for example, on a new fiscal framework, which increased the limit on Scottish Government borrowing for capital expenditure to £3 billion, and the amount it can borrow for resource spending to £600 million per year. Similarly, a deal was reached to set up two green freeports at Firth of Forth, and Inverness and Cromarty Firth.
These steps, like Jack’s use of Section 35 to block the gender bill due to its impact on reserved matters, are how devolution was intended to work – within agreed legal limits; constructively and progressively, where possible.
Days of muscular unionism are supposed to be behind us
In the devolution era, the British Government – especially a Tory one – is well advised to tread lightly on matters Scottish, however. The days of muscular unionism, when Whitehall took a more aggressive approach to controlling Holyrood, are supposed to be behind us, and with good reason. Even unionists can be uncomfortable at seeing the Scottish parliament pushed around.
It’s for this reason that I find David Cameron’s sudden intervention in the overseas dealings of Scottish ministers so baffling. In a letter to Angus Robertson, the Scottish cabinet secretary for the constitution and external affairs, the new foreign secretary has threatened to withdraw his department’s “facilitation of meetings or logistical support” and to reconsider “the presence of Scottish Government offices in UK Government posts.”
The reason for this is that, at the recent COP28 summit, Humza Yousaf met Turkish President Recep Tayyip Erdoğan without a Foreign Office official in attendance. The two leaders apparently discussed events in Gaza, which, given their respective politics, is unlikely to have been in accord with the view taken by Cameron and his colleagues.
Foreign secretary @David_Cameron is threatening to withdraw cooperation from Scottish government over @HumzaYousaf meeting with Turkish president at #cop28 https://t.co/JT0Oj1BXAo pic.twitter.com/OUkyPlI1bD
— Glenn Campbell (@GlennBBC) December 10, 2023
“The absence of an FCDO official at this meeting contravenes the protocols in our guidance on FCDO support to devolved Government Ministers’ overseas visit,” wrote Cameron. “It is critical that that the UK presents a consistent message to our international partners and that the devolution settlements are respected. We must ensure that UK foreign policy, a reserved matter, is coherent and that we speak with one voice to the international community.”
I get what Cameron means – it’s not ideal for Yousaf to be freelancing on Gaza policy at such a sensitive time. But, still, the heavy-booted response is a bit much. I thought much the same when Cameron’s predecessor, James Cleverly, expressed his anger at a meeting between the first minister and the Icelandic prime minister, again with no Foreign Office mandarin along for the ride.
Cleverly only introduced the ordinance earlier this year, when Lindsay Croisdale-Appleby, who holds the unenviable post of Brexit Britain’s ambassador to the EU, was ordered to accompany Yousaf to a meeting with Maroš Šefčovič, the vice-president of the European Commission. Holyrood ministers are banned from discussing the constitution or foreign policy with overseas leaders.
Paranoia and an iron grip
There are a few things to consider here. One is that, whoever is first minister of Scotland, and from whichever party, they should be entitled to talk to foreign leaders and officials about whatever they like. They should not be treated as juveniles, always requiring to be babysat by a grown-up. This is insulting.
Another is that any overseas politician will know full well what the SNP’s view is of Scotland’s position within the UK. It has been a rather prominent issue for, oh, the past five decades. They might also have noticed the 2014 referendum.
They will be aware – will, indeed, be well-briefed before any meeting – that Yousaf’s party is in decline, is set to lose a swathe of its MPs in next year’s general election, and, at the very least, stands to lose its pro-independence majority at Holyrood in 2026.
Paranoia and an iron grip on Scotland is not a good look from the Tories. They should chill out
I would let Yousaf bump his gums about breaking up Britain for all he is worth – it will only make him look detached from reality. Let him give his views on foreign policy; he is in no position to do anything about any of it, precisely because it is reserved.
If he isn’t focused on securing trade deals and inward investment for Scotland in these meetings, which he should be, given the SNP’s dismal record on growing the economy, then he really does deserve what’s coming to him.
Paranoia and an iron grip on Scotland is not a good look from the Tories. They should chill out. And when Keir Starmer moves into Number 10 next year, he should scrap Cleverly’s – and now Cameron’s – nonsense.
Chris Deerin is a leading journalist and commentator who heads independent, non-party think tank, Reform Scotland
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