Brexit - But what happens to Scotland?

FROM SUNDAY HERALD

It seems only yesterday that everyone was talking about a "Grexit" - the forecast, made by most of the UK press, that Greece was about to leave the European Union because of the onerous bailout terms imposed by the EU and IMF. Now, suddenly, we are talking about the "Brexit" - the possibility, indeed probability, of a British exit from Europe when the current Lisbon Treaty comes up for negotiation in 2015.

Last week, three prominent Tory grandees - the former Chancellor, Lord Lawson, the former Defence Secretary, Michael Portillo, and Boris Johnson, the Mayor of London, called for British withdrawal from the European Union. The former Tory Scottish Secretary, Sir Malcolm Rifkind said they'd "hurled a hand-grenade into a small building". It certainly put a bomb under David Cameron's policy of promising to renegotiate the terms of British membership, and then putting the result to a referendum after the next general election. Tory backbenchers, emboldened by Lord Lawson and co. are demanding a firm commitment right away. Labour says it is opposed to a referendum now, but agrees on the need for reform, and is not ruling out its own referendum on independence from Europe.

Viewed from Scotland, where opposition to Europe is muted and where we have another referendum on our minds, this all seems more than a little surprising. Most Scots still want to stay in the EU, according to the latest Ipsos Mori poll, and only a third want out. But in England - especially the south - there has been a growing frustration with Europe that finally erupted two weeks ago in the English local elections, when UKIP - the party seeking withdrawal from the EU - won up to 25% of the vote. There is little doubt that many people in England feel that Europe is a "bureaucratic monstrosity" to use Lord Lawson's description, and that their democracy is being subverted by Brussels.

But what exactly do they mean by this? When you ask eurosceptic Tory MPs they tend to reply with relatively trivial examples - compulsory seat belts for children under 12, regulations on food standards, health and hygiene. Those infamous straight bananas. But most of these relate to the terms under which the UK is a member of the Single European Market, where standardisation is necessary to ensure a level playing field for all trading nations.

Similarly, the social protections of the EU, like the working time directive, are intended to make the single market work fairly and prevent some countries seeking advantage by forcing their workers to spend longer at work. The "social Europe" as it is called is hardly onerous, and Britain anyway has an opt out from the 48hr working week.

Eurosceptics also talk of the Human Rights Act and claim that the failure to deport suspected terrorists like Abu Qatada has something to do with the European Union. This is completely wrong. The Human Rights Act is based on the European Convention on Human Rights which was set up by Winston Churchill after the Second World War to prevent totalitarianism returning to Europe.

None of these, it seems to me, are reasons to go to war with Europe, and deny the benefits of the single market which has undoubtedly boosted prosperity. Trade within Europe has doubled since 1992, thanks to the abolition of tariffs and barriers to the free movement of goods and services in Europe.

Postpone the referendum? How can Scots decide on staying in the UK if they don't know whether the UK is staying in the EU?

FROM HERALD

   “Do you think that the United Kingdom should remain a member of the European Union?”. That's the question that looks increasingly likely to be asked of British voters in a referendum in the near future. It is in the draft bill offered by David Cameron to assuage his eurosceptic backbenchers.  It didn't, and 116 of them demonstrated their continued dissatisfaction by voting against their own government's  Queen's Speech.  They still don't believe their leader is serious about holding an in out referendum and want a commitment before 2015. 

Labour's Ed Milliband has been enjoying David Cameron's latest troubles over Europe immensely. It is redolent of the mess the Conservatives found themselves in during the early 1990s, when John Major was unable to control his eurosceptic “B@@tards”. But Miliband may not be smiling for long, because things have moved on and Britain, or rather England, appears to be increasingly hostile to the European Union. The pressure will mount on Labour before the next general election to give its own commitment to a referendum on Europe, especially if, as expected, UKIP effectively win the European Elections in May 2014. 

   I don't see how the Labour leader can refuse.  Indeed, both Labour and the Liberal Democrats already accept that there should be a referendum if there is any “substantial” change in Britain's relationship to Europe. Since Europe is in the process of reviewing the EU treaties prior to introducing a banking and fiscal union, that substantial change looks increasingly likely. Yesterday, at Prime Minister's Question Time, the Deputy Prime Minister and Liberal Democrat leader, Nick Clegg, said it was a matter of “when not if” there will be a referendum on Europe.

Europe has become the dominant issue in UK politics, and it increasingly looks as if Britain is, if not on its way out, then moving towards a much looser relationship. But where does this leave Scotland? We have a referendum on independence in September in September 2014 in which Scots will be asked whether they want to be out of the UK but in Europe. Then, shortly after, they will be asked in a referendum whether we want to stay in the UK but out of Europe. I don't know about the voters, but I'm confused. I'm not even sure it is possible to have a view on staying in the UK if we don't know whether Britain is staying in Europe.

Indeed, as the constitutional lawyer, Alan Trench has suggested, there is a case for delaying the Scottish referendum until the UK's position in Europe has been resolved. This is because the information essential for making a determination on independence for Scotland will not be available to Scots when they make their choice in September 2014. Will a No vote also be a vote, effectively, to leave Europe - a proposition that a majority of Scots reject? We don't know.