Cap in hand (3)

The story so far: in the last three parliaments there were 80, 92 and 85 MPs who were neither Tory nor Labour; there looks like being a similar number in the next parliament, albeit differently constituted (more SNP, fewer Lib Dems). In the absence of a landslide somebody is going to have to ally with someone. Both the Tories and the Lib Dems are claiming that the party forming the next government should be the largest single party, and that doing otherwise would somehow lack stability or legitimacy. There is no historical or constitutional justification for this, and it looks as if they’re just saying it in the hope of giving the Coalition another five years, even if a Labour-led government could have a bigger majority and (consequently) be more stable.

That’s where we were up to last weekend. Then things got worse, with the outgoing Home Secretary’s extraordinary intervention in the Mail on Sunday. Now, the political stance of the Mail newspapers has never been what you could call impartial; ‘nuanced’ is another word that doesn’t spring to mind. But over the last couple of weeks they really have thrown caution to the winds; you could be forgiven for thinking they were being guest-edited by Chris Morris. ‘Red Ed’ is proposing “Stalinist” policies; a new hospital – in evil socialist Scotland – is “Nicola’s Death Star”. (To be fair, the ‘death star’ nickname is being used locally, on the basis that the building’s sort of star-shaped (it actually looks more like a Space Invader). But “new hospital: bad thing” genuinely is what the story is saying; ‘Fury-new-1bn-super-hospital-Glasgow‘ says the URL.) Perhaps most bizarrely of all, the Daily Mail has put its name to the statement that immigration is “being totally ignored by the main parties”: “the subject that dare not speak its name … has been all but air-brushed from the election”. To the extent that this leader column says anything at all, it seems to be complaining that nobody is actually campaigning on a platform of sending the buggers back; Labour’s promise to clamp down on the exploitation of cheap migrant labour is dismissed as a sop to the party’s “union paymasters”, a comment which is headbangingly stupid, scarily authoritarian or both (don’t come in here with your pinko commie supply and demand, we want men in uniforms and we want ’em now).

So you don’t go to the Mail newspapers for a cool draught of disinterested rationality – not at the best of times, and certainly not now. But even by those standards Theresa May’s statement last Sunday was something else.

Mrs May told The Mail on Sunday: ‘If we saw a Labour Government propped up by SNP it could be the biggest constitutional crisis since the abdication. It would mean Scottish MPs who have no responsibility for issues like health, education and policing in their own constituencies [as they are devolved to the Scottish Parliament] making decisions on those issues for England and Wales. Rightly, people in England would say, “hang on a minute, why are Scottish Nationalist MPs allowed to do that?”‘

Two separate claims are being confused here. I’m not sure if May would want to stand by both of them, or even if she was aware that they were separate claims. (Since ‘catgate‘ my opinion of our former Home Secretary hasn’t been high.) I’ll disentangle them anyway. First, the devolution question. So Mary Smith, MP for Moray, Forth and Orkney votes in Parliament to cut the police budget and spend more money on primary healthcare – or vice versa – despite not having any responsibility for those issues in her own constituency. Does this matter, and if so why? There is a genuine and longstanding question – the ‘West Lothian’ question – about the capacity of Scottish (and Welsh) MPs to vote, after devolution, on matters solely or mainly affecting England, but opinions differ as to how serious it is; May’s apparent belief that it is very serious indeed is not widely shared. The SNP isn’t an abstentionist party, and May isn’t suggesting that Smith wouldn’t turn up – quite the reverse. It seems reasonable to assume that when the voters of M, F and O elected Smith to the UK Parliament, they were voting for an MP who would represent their views for the UK as a whole and take part in Parliamentary discussions about the governance of the UK – including the governance of England.

In any case, if Smith was democratically elected, and if the MSPs for Moray, Forth and Orkney are also democratically elected, it would all come out in the wash: the same voters would vote for parties putting forward the same policies, whether they got to implement those policies within the constituency or not. If anything, of course, the Scottish Parliament is more democratically representative, being elected under PR. (The three main UK parties are currently projected to get 5 Scottish seats between them (out of 59), on 45% of the vote. Seats the three parties currently hold at Holyrood: 58 out of 129, or 45%.) This doesn’t affect the main point: there is no reason to imagine that the voters of Moray, Forth and Orkney would vote for positive, responsible policy agenda A when electing Mr Brown, MSP for Moray, Ms Wilson (Forth) and Mr Robertson (Orkney), and then vote for bad, dangerous policy agenda B when electing their Westminster MP (Ms Smith).

The only way this could possibly work would be if Smith, Brown, Wilson and Robertson were actually all advancing the same agenda – one that’s positive for Scotland but bad and dangerous for the UK. And, it turns out, this is actually what May is suggesting. The West Lothian question is a red herring; as the last sentence quoted above suggests, it’s only a problem if Scottish Nationalist MPs are voting in Westminster on matters affecting the rest of the UK. By implication, it would still be a problem in the absence of devolution: if serious ‘West Lothian’ issues are being raised by the stance of a political party – rather than the vagaries of individual MPs’ voting behaviour – then that party’s position must be bad for England as well as being good for Scotland. And if that’s the case, they’re going to be a bad influence at Westminster whether Scotland has a devolved assembly or not.

There’s an obvious problem here: once you’ve set up an electoral system, you’ve got to accept the results it gives you. If it’s possible and legal for the SNP to stand candidates, then it has to be possible for SNP MPs to be elected; if the people of Moray, Forth and Orkney have elected an SNP MP, they’re going to be represented by someone who votes in accordance with SNP policy. And this is not a problem: it’s how the system works, just as it worked – exactly as it worked – when the people of Maidenhead voted to elect a Tory. May doesn’t seem to accept this.

‘Miliband would be in government on the coat-tails of Sturgeon and Alex Salmond. They would be calling the tune – people who don’t want the UK to exist and want to destroy our country. There would be a very real feeling was this was something people did not want to see, had not voted for and would find very difficult to accept. It would raise difficult questions about legitimacy. A lot of English people would question that.’

A Labour/SNP alliance would be “something people did not want to see [and] had not voted for”. That’s something you could say about a lot of post-election alliances; you could certainly say it about the 2010 alliance between the Conservatives and the party that won 23% of the vote opposing economic austerity and tuition fees. But this is much worse, because it’s the SNP: “people who don’t want the UK to exist “. “A lot of English people” would question a Labour/SNP alliance; it would “raise difficult questions about legitimacy”.

Again with the L-word! This talk of legitimacy is alarming: it suggests that we could run an election according to the rules, form a government according to the Cabinet Manual (pdf), and still end up with a government that wasn’t valid in some undefined way – or rather, with a powerful and vocal lobby denouncing the government as invalid. It’s astonishingly arrogant – who gave May, or Cameron, or Clegg the right to pronounce on whether an elected government should be allowed to exist? – and frankly dangerous: it’s the kind of thing that gets people talking seriously about coups.

It’s also, frankly, stupid. Let’s say we pass a ruling that a party demanding independence from the UK can’t be a vital part of a government of the UK – can’t supply the MPs necessary for a second party to get a majority (this seems to be what May wants, or at least the result she wants to bring about). Then what? What about three-  or four-party coalitions – should we debar the secessionists from those as well? Better had – otherwise one of the other parties might defect and leave them holding the balance of power after all. Similarly, of course, nationalists should be debarred from any kind of opposition alliance or understanding between parties – you never know when the wheel might turn and put the opposition in power, and we’d be back where we started. What about hung parliaments and votes of confidence – should we bar the nationalists from taking part? Otherwise their vote might be crucial to the survival of the government, which is just what we wanted to avoid. But then there are all the other votes which help a government survive, or undermine it if they are lost – can we afford to put the survival of the government’s prestige and reputation in the hands of the nationalists? And so on. The only way May’s logic will work is if we bar the nationalists from voting at all, or else from standing for Parliament in the first place – or if we excluded their nation from Parliament altogether. Perhaps the word isn’t ‘stupid’ after all; perhaps it’s just dangerous.

In part 4: what on earth are the Labour Party doing?

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One Comment

  1. Guano
    Posted 29 April 2015 at 14:34 | Permalink | Reply

    “This talk of legitimacy is alarming: it suggests that we could run an election according to the rules, form a government according to the Cabinet Manual (pdf), and still end up with ….. a powerful and vocal lobby denouncing the government as invalid. It’s astonishingly arrogant …. and frankly dangerous.”

    Yes indeed. I am reminded of the astonishing things said in the run-up to the invasion of Iraq about “unreasonable vetoes” and the bizarre reasons why UNSCR 1441 said things that it didn’t say. Once again politicians are making illogical statements and sections of the press are simply repeating them.

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