The UK Government will no doubt be shocked if the referendum on 18 September results in a Yes vote. However, it has agreed to respect the outcome of the referendum and so we must assume that David Cameron will accept the Scottish Government’s invitation to open negotiations towards independence.
The first step will be the formation of two negotiating teams — Team Scotland and Team UK, as it were. These will be led by the governments of both Scotland and the UK, although the Scottish Government has indicated that it wants other political parties in Scotland to join with it in negotiating Scotland’s position. We would expect high level points to be set out by the governments, the detail to be negotiated by civil servants.
The Scottish Government anticipates a 19 month process between a Yes vote and a formal declaration of independence in March 2016.
What then would an independent Scotland look like?
The Scottish Government plan is for an interim constitution to be in place after March 2016 with a permanent constitution to be drafted by a constitutional convention composed of representatives of civil society after Scottish elections in May 2016.
The Scottish Government intends that the Queen will remain head of state. But this and other issues would presumably be up to the constitutional convention to determine in 2016.
Similarly the Scottish Parliament will continue to be a one chamber legislature, elected by proportional representation, a model rejected by UK voters for Westminster of course in a referendum in 2011.
The Scottish Government seeks to keep the pound sterling as the currency of an independent Scotland. The UK Government’s position is that Scotland can use the pound but that there will be no formal currency union. After a Yes vote this position could change but the unionist parties are united in denying any such possibility.
The UK has heavily integrated tax, pension, and welfare systems. It will certainly be possible to disentangle these but it may take longer than 19 months. In the course of such negotiations both sides may find that it makes sense to retain elements of close cooperation in the social security area, at least in the short to medium term.
The Scottish Government has put forward a vision of Scotland as a social democracy. It will be interesting if it follows through on plans to enshrine social rights in the constitution, such as entitlements to public services, healthcare, free higher education, and a minimum standard of living. The big question is: can Scotland afford this? It would seem that a new tax model would be needed to fund a significantly higher commitment to public spending.
A third area of great interest is Scotland’s position in the world. One issue is defense. The SNP promises a Scotland free of nuclear weapons, including the removal of Trident submarines from the Clyde. This could create difficulties, both for Scotland in seeking to join NATO, but also for the remainder UK, which would need to find another base for Trident. The Scottish Government rejects firmly that it will be open to a deal on Trident’s location in turn for a currency union with London, but this may not be out of the question.
Another issue is that the Scottish Government takes a much more positive approach to the European Convention on Human Rights, than does the current UK government. In fact, the proposal is that the European Convention will become supreme law in Scotland, which even the Scottish Parliament could not legislate against. This contrasts with the current approach of the Conservative Party, and to some extent the Labour Party, in London which are both proposing to rebalance powers towards the UK Parliament and away from the European Court in Strasbourg.
Turning to the European Union, it seems clear to me that Scotland will be admitted to the EU but that the EU could drive a hard bargain on the terms of membership. Compromises are possible. Scotland does not, at present, qualify for, and in any case there is no appetite to join, the Eurozone, so a general commitment to work towards adopting the Euro may satisfy the EU. The Scottish Government also does not intend to apply for membership of the Schengen Area but will seek to remain a part the Common Travel Area, which would mean no borders and a free right to travel across the British and Irish isles.
The EU issue is also complicated because the UK’s own position in Europe is uncertain. Will the UK stay in the EU? The prospect of an in/out referendum after the next UK general election is very real. Another issue is whether an independent Scotland would gradually develop a much more pro-European mentality than we see in London. Would Scotland become positive rather than reluctant Europeans, and would Scotland seek to adopt the Euro in the medium to longer term? We don’t know for now. But if the UK votes to leave the EU, then this may well be the only option open to an independent Scotland in Europe.
To conclude, a written constitution, a stronger commitment to European human rights standards, a more pro-European Union attitude, and an attempt to build a more social welfarist state could bring about an independent Scotland that looks very different from the current UK. However, the bonds of union run deep, and if Scotland does achieve a currency union with the UK it will be tied closely to London’s tax structure. In such a scenario the economies, and therefore the constitutions, of the two countries, will surely continue to bear very many similarities. Much also depends upon relationships with the European Union. If the UK stays in the EU then Scotland and the UK could co-exist with a sterling currency union and a free travel area. If the UK votes to leave then Scotland will need to choose whether to do likewise or whether to align much more closely with Europe.