When they got so clever they cut themselves (and the United Kingdom too) setting up devolution in 1997, the Labour party thought they'd never not rule Scotland.
But they don't. The prime minister of Scotland is First Minister Salmond.
The Concordats foisted onto the Scottish people and their Parliament by the Labour party in 1997 as purely administrative arrangements for determining how conflicts over areas of policy that affected both Scotland and the rest of the UK might be resolved, and how policies adopted by diverse kinds of authority, both geographical and hierarchical, should be ordered, are central.
'That concordats have no base in constitutional law does not mean they are without constitutional significance.', is the essence of the argument that these Concordats should have been debated in the Scottish Parliament, and should have been ratified by the Scottish people; and such changes to our country and our governance should have been put as well to all the people making up the United Kingdom.
The Concordats were drafted by the civil service, drawing on past experience of imperial and colonial possessions moving through dual governance, and concerns for responsibilities to other parts of the governed whole, to separate sovereignty.
That the destination of separate sovereignty would not be reached was to be guaranteed by extant Labour party hegemony, prolonged for more than half a century in Scotland, and the principal Labour party objective of the maintenance of permanency in power in the rest of the UK. As backstop, the European Union fundamental policy of subsidiarity, would exclude Scotland from direct, sovereign state relations with Brussels.
Scotland's sought after separate sovereignty can be contained and masked by accession to the Treaty for a European Constitution which, like all such consolidating treaties, temporarily strengthens the highest level of governance. If the Labour Executive does not accede to the EU constitutional treaty, then the way is left open for Scotland's government to press on alone and do so; for the Concordats are open and justiciable, not aspects of Labour Executive privilege. The meaning and content of Reserved Powers is yet to be determined by the Courts, and Scotland has one of the finest judicial systems, and some of the finest lawyers, in the world.
Either Labour cedes more powers to Europe, or Scotland has a powerful case to choose to leave the United Kingdom.
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Interestingly, in the run-up to the 1997 Election Blair was bearded on the subject of Trouble Ahead if they went for the promised devolution. His reply was something along the lines of
look, it's no big deal, the Scottish Parliament will get less powers than a parish council
Given that he was never a true believer in devolution, nor ever a details man, one could imagine that's even what he'd persuaded himself of.
Reserved : '.. constitution of the UK; foreign policy (including relations with the EU); defence and national security; border controls; fiscal and monetary policies (excepting the tax varying power under the Scotland Act and local taxation); common market for UK goods and services; employment regulation; social security; regulation of certain professions; transport safety and regulation; and certain other matters such as Ordnance Survey, broadcasting,
All policies not so designated are devolved.
'Notwithstanding this formal assignment, ..the interaction between devolved and reserved policies would necessitate close co-operation and coordination between UK Government and the devolved administrations on virtually all matters.
The Memorandum of Understanding covering the Concordats 'asserts the general principle that, despite their reserved status, the devolved administrations will be involved in UK international and EU policy-making in so far as these issues affect devolved competencies.'.
The Joint Ministerial Committee set up to mediate on overlapping competencies seems a well intentioned but wholly inadequate reconciliation system, made up in part of further Concordats.
So what was thought to be excluded is specifically included when it applies to matters that are included in devolved powers.
And none of all these memoranda, concordats, accumulated precedents over the last 10 years etc., have been ratified; they were imposed over considerable protest, as merely administrative.
Perhapst this post should be called Dogs and their Breakfasts.
Also reserved, as I recall, was the touchy matter of abortion, a minefield for the Scottish Labour Party
The current status on abortion in the UK was brought in by Liberals (Mr Grimond-style Liberal, not the current crypto lib-dems) wasn't it? I thought it was quite a Scottish measure, led by David Steele? For me Scotland is another country, so I hesitate in understanding; as it stops being smothered by the Labour party, presumably it is going to move even more into a New Zealandish relation with England.
Your minefield suggestion probably extends beyond the Scottish Labour party though; and abortion stances necessarily extend into areas that Labour as a whole wants out of discussion - what could be summed up as the lives of families and the proper limits of state involvement.
O/T
Hatfield Girl - are you a girl originating from Hatfield then? Or is it just a random name?
'Hatfield Bloke'
I see that my interpretation of the separate status of non Scots students at Scottish Universities has been spotted elsewhere . Picking a fight …
WE can expect to see much more if this sort of thing .I think I just about understand what you are saying HG but there is not as yet a majority for independence within Scotland so the SNP will be careful of forcing the issue yet . They will build enmities with England on such things as Student Loans and seek independence by referendum when they are sure they can win. I would be surprised to see anything aggressive constitutionally in the meantime.
I wonder about the timing of all this . It seems likely that the Oil is going to run out over the next few years . I cannot help but notice that it was when the first barrels of the black stuff arrived that the quaint folksy SNP began to become serious .Their own sites talk of nothing but Oil about which we are oddly silent down here( much Barnett formula discussion.
I see it as a race against time for the true believers of the SNP . They need to engineer a winning vote before the first gloops signal the wealth pot is getting empty. I don’t know if you have noticed but there has been a fair bit of press about the end of Oil world wide recently . Doubts on this score will make it awfully difficult for Salmon to move uncommitted people dependent on English taxes.
Come what may the unity between the nations is irreparably broken and given the majority in England wishing to be shot of Scotland some sort of English devolvement is likely . They will try to say that the English have devolved regions but that is a lie that will surely be nailed. We have always had Coucils with ”devolved powers”/. They were not principalities directly answerable to foreigners and immutable by our own Parliament .
Great Britain has not just one but many sharks circling, or perhaps Vultures hopping to the carrion is more apposite
Angels in Marble is the expression of a political viewpoint that is not represented enough, perhaps, in post 1997 England - the highly-skilled tradesmen who had served apprenticeships and came from a tradition of knowing their worth and earning their pay. Who once were part of the trade unions and respected others as they did themselves. Whose children were rocketed, sadly like Blue Streak, into the professional middle class, when the post second War educational world opened, and whose grandchildren are returning with difficulty to the happiness, and status Angels enjoyed.
It's so easy to get a soft degree, so hard to be trained properly as a patternmaker, brass founder, bookbinder, confectioner, cabinet maker, potter, not to mention all the rural crafts, or tugboat captain, or small-scale entrepreneur.
It's not nostalgia , even though some of these trades have been subsumed into the practices of newer technologies.
The embourgeoisement of this class, together with sustained attacks upon them by unskilled trade union members, and the effects of their large-scale emigration in the 1950s and '60s has silenced a voice that contemptuously rejected means-tested state dependency and its evils and corruptions.
The Labour party, most particularly in its skilless, clumsy, authoritarian, current falsity, never did represent the Angels. It is typical of its dishonesty that it pretends to.
Or, Anon.@ 12.49, if you prefer a short answer, Yes.
N, It really has to be considered that the Labour party didn't and doesn't know what it is fiddling about with. Marxianly you point to the substructure, the end of easily accessible oil, but the superstructure has its moments, and constitutional and inter-governmental relations seemed worth a post. Do you remember when the neo-Executive of the Labour party used to be bussed off to Oxfordshire, in the mid 1990s, to be taught about how to behave in office by Roy Jenkins? I'd like to see their reports, 'Tony lacks factual input in his work', 'Gordon must learn to co-operate in class, and stop picking his nose', 'John has a rather 'bossy' style that needs restraint','Tessa has formed some unfortunate friendships', ...
Scotland is no longer just the SNP is it? They have a political groundswell that is hugely anti-Labour and therefore anti Union, not really pro SNP. It has been a Labour colony, not a Union partner for so long I'm not able to imagine what will happen, but the machinery for the English Scottish relationship is knitted rather than forged.
Also it's wholly in Scotland's interest to separate and be in direct relations with the EU (particularly if the oil is running low). It's wholly against Labour's, though not England's, for that to come about.
It's not surprising the university fee paying has been picked up, and so have Ellee's remarks made weeks ago about people being denied treatments that prevent blindness, which are offered free in Scotland.
but the machinery for the English Scottish relationship is knitted rather than forged.
Thats marvellous HG...I couldn`t help laughing at your response to Hatfield bloke . I`m pretty sure he just wanted to know if you lived in Hatfield.I thought you had gone to Italy , who knows.
I am on hols now cheerio
XX
Sorry O/T again.
Reading the blog it seems clear that Hatfield Girl is not currently resident in Hatfield.
And, yes, I really was interested to know if she was a daughter of my home town.
'Hatfield Bloke'
HB, Yes, I am from Hatfield, and no, I don't live there now, though relatives do.
and troubleis brewing in Cornwall...
In that case, greetings from WGC HG
Now if I'd read:
http://hatfieldgirl.blogspot.com/2007/06/selective-destructiveness.html
earlier with its 341 reference and noticed Louis de Soissons namechecked down the side there I wouldnt even have needed to ask!
'Hatfield Bloke'
And from your own account, trouble has already set well in in Devon Mutley; how's the reading group on your lawn getting on? And the upstairs party? Probably joined forces, I wouldn't be surprised.
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