Scottish independence movement

Painting by Walter Thomas Monnington "Union of parliaments of England and Scotland in 1707"

Scotland was an independent state from 843 to 1707 . The visit of King George IV to Scotland in 1822 (the first visit of the reigning monarch from 1650), on the one hand, brought some stabilization in Scotland, on the other hand, inspired supporters of independence to create a Scottish government ^[7] .

By the middle of the XIX century in Scotland, more and more clearly expressed the opinion of the creation of its self-governing government. For the first time, the question of the independence of the Scottish Assembly was raised in 1853 , but found understanding, oddly enough, only in conservative circles, where they noticed that Ireland gained more self-government than Scotland. In 1885, the Ministry of Scotland and the position of Secretary of Scotland under the Government of Great Britain were restored ^{[8] [9]} .

At the beginning of the 20th century , the Scottish independence movement gained momentum. After the formation of the political movement of the Young Scots from the Labor Party’s number in 1900 (and the election of about 30 parliamentarians to the British Parliament in 1914 ), the Scottish Homerul legislation ^[10] was successfully submitted to parliamentary hearings in 1913 and by May 1914 had already passed two readings, but its further consideration was postponed due to the start of the First World War . ^[11] In 1921, the Scottish National League was formed. Initially, she did not support the full independence of Scotland, but only sought to expand its self-government. At that time, complete independence was considered unlikely ^{[12] [13]} .

1970s

The discovery of deposits in the North Sea off the east coast of Scotland has intensified the debate about the full sovereignty of Scotland. The Scottish National Party launched the “ This is Scottish Oil ” program, believing that the discovery of oil deposits could serve Scotland’s independence, and the proceeds from oil could benefit Scotland alone, and not the entire United Kingdom ^[14] .

In 1979, the first referendum on devolution took place - the creation of a special legislative body in Scotland, however, the powers of the new government body were seriously limited. 51.62% of voters voted for the creation of the Scottish Assembly, against 48.38% ^[14] . Despite the victory, the Labor government of Great Britain refused to recognize the results of the referendum, believing that such a small margin does not reflect the full opinion of the inhabitants of Scotland. In addition, under the terms of the referendum, 40% of Scotland residents needed votes to create a parliament, with a total turnout of 63.6%, it turned out that only 32.9% had voted "Yes." The refusal of the government to create the Scottish Assembly led to a political crisis, some deputies from Scotland expressed a vote of no confidence in the Government of Great Britain. As a result, the government was dismissed, in the May elections of 1979, the Conservative Party, led by Margaret Thatcher, won a landslide victory. The establishment of the Scottish Parliament was postponed for a long 20 years ^[15] .

Delegation of authority

The failure of the 1979 referendum did not lead at the beginning to the consolidation of the political forces of the Scottish supporters of independence. The views of the Scottish politicians seriously differed. Some continued to advocate for the complete independence of Scotland, moderate nationalists demanded partial sovereignty.

In 1988, the Scottish Constitutional Convention was created in Scotland, bringing together representatives of various parties, social movements and churches. In 1989, the Scottish Constitutional Convention adopted a declaration on the full independence of Scotland, this document did not have any legal force, but was able to consolidate many supporters of independence, which eventually led to the 1998 elections.

The Conservative Party traditionally opposed the creation of the Scottish Parliament, party representatives believed that the creation of the Scottish Parliament could lead to the full sovereignty of Scotland. In the 1997 general election, the Conservative Party led by John Major ^[16] lost the election to the Labor Party. After the election, Labor Donald Dewar , Secretary of State for Scotland, announced the possibility of holding a new referendum on the creation of the Scottish Parliament.

In the second referendum on devolution , held in September 1997 , 74.3% percent (44.87% of the total number of voters) voted in favor of the creation of the Scottish Parliament. In 1998, the Parliament of Great Britain adopted the Scotland Act of 1998, according to which its own parliament and administration were created in Scotland - an analogue of the cabinet of ministers ^{[14] [17]} .

The Scottish Parliament is a unicameral legislature consisting of 129 deputies, 73 of whom are elected by majority system from various constituencies, and 56 are elected by special supplementary (mixed) system. Another member of parliament is appointed by his decree of the Queen on the proposal of deputies. The appointed member of parliament is the leader of the winning party and becomes head of the Scottish administration. ^[18]

The first head of the Scottish administration was Donald Dewar , the leader of the Scottish Laborites. The Scottish National Party in the first election became an opposition party ^[14] .

Further Devolution

On September 16, David Cameron, along with Ed Miliband and Nick Clegg, signed the so-called "solemn oath" - a document published in the Scottish press ^[19] , calling for Scotland not to vote for independence in exchange for a promise to further expand the powers of the Scottish Government and Parliament within devolution process ^{[20] [21]} . The first part of the document promised to give new broad powers to the Scottish Parliament, the second - a proposal for an equal distribution of resources, the third part - the thesis that the final decision on how to finance the public health system will depend on the Scottish government due to the preservation of Barnett's formula . In his official speech on September 19 , Prime Minister of the United Kingdom David Cameron entrusted the task of managing the process of devolution of Scotland in the field of taxation, budget policy and social security to Sir Robert Smith, Lord Kelvin, who had previously been on the BBC Board of Governors. According to Cameron, the bill to strengthen the autonomy of Scotland was to be ready by January 2015 - in accordance with the plan of the former Prime Minister of Great Britain Gordon Brown . The expected publication of the bill was timed to the “Burns Night” - the birthday of the national poet of Scotland, Robert Burns, on January 25th. ^[22]

However, less than a month after the referendum, on October 14 , during special hearings in the House of Commons of the United Kingdom Parliament about further devolution as part of the “solemn oath”, other British parliamentarians responded to a question from Scotland’s parliament member Peter Wishart . it was once again emphasized, as it was previously asserted by members of the conservative party , ^[23] that the "oath" was not approved by the Parliament, and therefore has no legal force. ^[24] So, in particular, a member of the Conservative Party, Christopher Chow, said that “... the Prime Minister may have made a solemn oath to the Scottish people to grant greater authority if they vote no to the referendum, but this Parliament [ in Westminster - approx. ] neither such an oath, nor any such obitings did not give. ^[25] It is also noted that none of the signatories of this “oath” to the parliamentary hearings did not appear, and the hearings on the issue of devolution of Scotland in the chamber were held with a minimal turnout of British parliamentarians, and most of the time was spent on discussing plans for England for further resolution of the so-called. “The Lothian Question” (see - Scotland Act 1998 ), by transferring jurisdiction over English legislative issues to the exclusive competence of English parliamentarians ( abbr. English - EVEL (“Russian votes for English Laws”)). ^[26]

After the UK Supreme Court decision of January 24, 2017 regarding the competence of the Government in initiating article 50 on leaving the EU , the course and legality of further devolution in Scotland was questioned, since, for example, in terms of the right of the Scottish Parliament to challenge the UK decision to withdraw from The EU ^[27] , as being a gross interference in the competence of delegated powers (the European Union’s Charter on Human Rights is a fundamental document in the work of the Parliament and the Government of Scotland ii), the court once again emphasized ^[28] that the “constitutional conventions” that govern multi-level intergovernmental relations remain outside the legal field and, therefore, have no legal force in the issues of delimitation of powers of the Parliament of Great Britain and individual administrations of the United Kingdom member states ^{[ 29]} . In her response, the First Minister of Scotland, Nocola Sturgeon, noted that this decision crosses out all previous attempts to transfer the guaranteed powers to the Scottish Parliament and questions the legality of some provisions of the 2016 Scotland Act , and also raises the issue of leaving the UK ^{[30] [31 ]} .

On March 22, 2018, the Scottish Parliament by a majority vote adopted the draft law “On the Succession of Scotland in relation to the exit of the UK from the EU” (UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill) 2018) ^[32] , which provides for the transfer (in accordance with The Scotland Act 1998 ) delegated authority to the Scottish Parliament in all 111 areas of legal and administrative regulation previously administered by the EU , if the British Parliament does not repeal the provisions of Article 11 of the EU Exit Bill , which repatriates all legal EU base, which was entrusted to the competence of the delegated powers of the parliaments of Scotland and Wales, under the exclusive jurisdiction of the Government of Great Britain . ^[33] The EU Scottish Bill of Succession also left the EU’s Human Rights Charter in Scotland (as the fundamental constitutional law of Scotland under the Scotland Act 1998 ), while the British Bill of Exit from the EU provided for its repeal in the UK.

In December 2018, the Supreme Court of Great Britain ruled that, although this Scottish bill met the legal parameters of the government's devolution, its main provisions were crossed out by the Act on leaving the European Union ^{[34] [35]} adopted later in June 2018 by the British Parliament .

During the 2007 election campaign , the Scottish National Party promised to hold a referendum on the full sovereignty of Scotland in case of victory no later than 2010 ^{[36] [37]} . After winning the election, the nationalists adopted the White Paper on the future of Scotland, which outlines the options for the future of Scotland, as well as its full state sovereignty ^{[38] [39]} . A number of British politicians, including British Prime Minister Scottish Gordon Brown , strongly condemned the adopted document ^[40] . The losing parties united against the nationalist party, which did not allow the latter to take an important decision on the appointment of a referendum on the sovereignty of Scotland ^{[41] [42] [43]} . Voting took place on January 25, 2010 , in which the referendum was scheduled to be scheduled for November 30 ( St. Andrew's Day, patron of Scotland). As originally expected, the decision was never made during the voting. In 2010, it was announced that the appointment of a referendum would not be possible until the new parliamentary elections in 2011 ^{[44] [45]} .

At the 2011 elections , the SNP went with a program in which the holding of a referendum on the independence of Scotland was the main goal in the event of a victory ^{[46] [47]} . The Scottish National Party received an absolute majority in parliament, after which it formed the government of Scotland under its full control. Immediately after the victory, Alex Salmond announced his intention to hold a referendum on independence in 2014 or 2015 ^[48] .

In January 2012, British Prime Minister David Cameron and Minister for Scotland Affairs Michael Moore stated that this referendum could be held, but they disagree with the appointed dates and composition ^[49] . However, as a result of the Edinburgh Agreement signed on October 15, 2012, both sides reached a compromise, fixing the date and procedure for holding a referendum. ^{[50] [51]}

The Scottish Independence Campaign was launched on May 25, 2012 . Alex Salmond called on a million Scots to sign a statement supporting Scotland’s independence before the referendum. This proposal was supported by a number of celebrities of Scottish descent, including Sean Connery and Alan Cumming ^[52] . On August 22, 2014, Blair Jenkins, head of the movement “Yes, Scotland!”, Officially confirmed that according to verified data, 1,001,186 voters signed a declaration in favor of sovereignty. ^[53]

By the morning of September 19, all votes were counted: 55.3% of those who voted were against independence ^[54] . Since the majority of voters voted against the independence of Scotland, it remained part of the UK. According to the results of the referendum, the leader of the Scottish National Party, Alex Salmond, decided to immediately resign. ^[55]

On October 14, the First Minister of Scotland who resigned in his interview acknowledged that if the British politicians who signed the “solemn oath” of further devolution in Scotland on September 16, 2014 , do not fulfill their promises, the referendum on independence will be repeated in Scotland. ^[56]

On March 13, 2017 , the First Minister of Scotland, Nicola Sturgeon, announced that she would begin the process of agreeing to the holding of a new referendum on independence, which should take place before the planned British exit from the EU , that is, either in the autumn of 2018 or in the spring of 2019. ^{[57] [58] [59]}

On March 22, 2017, the debate in the Scottish Parliament was supposed to end with a vote on whether to support the plans of the first minister, Nikola Sturgeon, to hold a second referendum on the independence of Scotland, but the meeting in parliament was suspended as a sign of solidarity with the legislators in London, where in the evening On the same day, the alleged terrorist act took place. ^{[60] [61]} But a week later, on March 28, 2017, the Scottish Parliament voted (69 “for” and 59 “against”) for accepting the proposal of the first Minister of Scotland for a repeat referendum on independence. ^[62]

In accordance with the text and memorandums of the Edinburgh Agreement, signed by representatives of the governments of Great Britain and Scotland on October 15, 2012 in Edinburgh, “governments agree that the referendum: will have a transparent legal framework” and “will formally reflect the impartial test and final decision of the people of Scotland, the result of which will be respected by all parties. " ^[63]

Some British lawyers consider illegal the decision of the Scottish Parliament to hold a referendum, since the Parliament of the United Kingdom has complete sovereignty throughout the UK ^{[64] [65] [66]} . However, the principle of the sovereignty of the British Parliament is strongly disputed by the Scottish judicial system of civil law. So, in 1953, when considering the case of “ McCormick v. Attorney General of Scotland ” (challenging Elizabeth II’s right to be called this way in Scotland), the Chief Justice-Lord of the High Criminal Court of Scotland , Lord Cooper of Kuross, gave an incidental assessment of the case, in which he stated that "the principle of unlimited sovereignty of Parliament is a principle exclusively in English and has no analogue in the constitutional law of Scotland." ^[67] In this regard, many Scottish politicians and public figures are inclined to refer to the principle of popular sovereignty enshrined in the Arbrot Declaration of 1320, legalized in 1689 ^[68] and confirmed in 1989 by the so-called quasi-legal "( English - Claim of Right ). In general, Scottish legal experts conclude that due to the lack of precedent in the common law system and the unwritten British Constitution, the provisions of this treaty and additional memoranda are extremely uncertain and their implementation will depend on many political and international factors. ^[69]

The possibility of the victory of the nationalists and the fact of the referendum itself provoked controversy among British politicians as well. Disputes were also conducted mainly on the question of whether the Scottish Parliament has the right to call a referendum. Many politicians believe that voting in Scotland will have no legal force, since it contradicts several points of the Union Act of 1707 ^{[70] [71] [72]} . However, already on March 31, 2017, after a successful vote in the Scottish Parliament of March 28, 2017 for holding a second referendum on independence, in its official letter to the British Prime Minister , the First Minister of Scotland said that:

"The people of Scotland have the right to make decisions about their own future." ^[73]

The United Nations Charter enshrines the right of peoples to self-determination , the Universal Declaration of Human Rights also guarantees the right of peoples to change their citizenship; The United Kingdom is a party to both documents. Politicians in the Scottish and British parliaments endorsed the right of the Scottish people to self-determination ^{[74] [75]} .

EU governing structures have announced (for example, outgoing European Commission President Jose Manuel Barroso ) that in the event of independence, Scotland will not gain membership in it automatically, but will be required to submit an application, which the current members of the union will have to consider and either satisfy or not, if some member states impose their veto. However, some international experts, for example, the director of the Institute for Global Studies at the University of Geneva, Nicolas Levat, argue that the exclusion of independent Scotland from the EU would contradict all the fundamental principles on which the European Union is based, and that “once entered, it’s not easy will turn out " ^[76] .

According to the results of the Referendum on UK membership in the EU , held on June 23, 2016 , on June 28, 2016, the Scottish Parliament granted ^[77] First Minister Nicol Sturgen with the majority of the powers to conduct direct negotiations with EU representatives regarding the preservation of Scotland’s status in the EU and the EEC . Already on June 29, 2016, Nikola Sergen visited Brussels and met with the President of the European Parliament Martin Schulz , leaders of parliamentary factions and the head of the European Commission Jean-Claude Juncker . ^{[78] The} day before, on June 28, 2016, she also held talks with the Chief Minister of Gibraltar , Fabian Picardo, on the possibilities for future cooperation, as well as the status of both autonomies in the EU. ^{[79] [80] [81]} According to some commentators, these steps could mean Scotland’s resumption of its own separate, internationally deserving, independent international policy that goes against the international policy of the United Kingdom . ^[82]

The Scottish National Party is most active in supporting the independence of Scotland; the Scottish Green Party , the Scottish Socialist Party and Solidarity - the Scottish Socialist Movement ( Solidarity Scotland ) are also in favor of independence. Labor for Independence ( Labour for Independence ) is working closely with the organization “Yes Scotland!” and Gordon Brown . Among other major public organizations that support the movement are: “Women for Independence” ( Women for Independence ), “Business for Scotland” ( Business for Scotland ), and also “Campaign for Radical Independence” ( Radical Independence Campaign, RIC ). The cultural environment also highlights the activity of the National Collective Scottish artistic and creative organization. ^[83]

Among the advantages of independence, there are:

• The principle of self-determination - the Scots themselves will solve all questions regarding Scotland ^[84] .
• Control over defense and foreign policy means that Scotland will continue to choose whether or not to join any international organizations. Possible exit from NATO and not accession to the EU ^[85] .
• Nuclear-free status.
• Control over oil production in the North Sea near the borders of Scotland, most of the money will remain in Scotland, rather than transfer to the UK budget ^[86] .
• Form of government - the Scots themselves can choose whether they remain a monarchy or choose a republican form of government ^[87] .

All three major parties of Great Britain oppose Scottish independence. Also in the Scottish Parliament, the nationalists have a serious opposition in the face of the Scottish Labor Party, the Scottish Conservative Party and the Scottish Liberal Democrats. Well-known Scots politicians, such as George Galloway , also oppose independence. ^[88] The main opponent of the SNP and the movement “Yes, Scotland!” Is the Scottish movement “Better Together” ( eng . - Better Together ) founded in 2012, the slogan of which since June 2014 has been the expression “No, thank you!” ( English - No thanks!). ^[89]

Opponents of independence allocate basically economic minuses of independence. Perhaps important economic ties with the rest of the UK will be broken, they also believe that in conditions of serious competition in the global economy of Scotland it will be beneficial to remain part of such a strong economic and political sense of the state as the United Kingdom. Unionist politicians also fear that, if Scottish independence is successful, a similar question may arise in Northern Ireland and Wales ^{[90] [91] [92] [93]} .

Regarding independence in Scotland, a lot of opinion polls were conducted ^{[94] [95] [96] [97] [98] [99] [100]} . On average, between 32% and 38% of the population of Scotland ^[101] advocate for full sovereignty, while the undecided electorate stands at 11–12% ^[102] . After the Scottish National Party came to power, the number of supporters of independence decreased slightly ^[101] At the same time, the number of people willing to hold a referendum ranges from 70% to 75%. ^[103] . By the time Britain prepared to leave the EU at the end of 2018, already more than 70% of the members of the Conservative Party of Great Britain agreed with the opinion that Scottish independence is an acceptable price for Brexit ^[104] , while the number of supporters of the new referendum on independence in Scotland this period increased to 59%, and 52% of those surveyed directly voted for the independence if the country left the EU without making a deal ^[105] .

• Eremina N.V. Scottish referendum as a challenge to British statehood // Sociodynamics. - 2014. - № 8 . - p . 1–25 .
• Krivushin I. V. “The First Coming” of Political Nationalism in Scotland // State Sovereignty vs. the right of nations to self-determination / ed. A. L. Ryabinina. - M .: Publishing House of the Higher School of Economics, 2011. - P. 239–277 .
• Krivushin I. V. Labor stronghold under threat: the political offensive of the Scottish nationalists in Glasgow at the end of the twentieth and the beginning of the twenty-first century // Historical journal: scientific research. - 2011. - № 3 . - pp . 77–91 .
• Krivushin I. V. Paradoxes of Scottish Politics: The 2014 Referendum // New and Newest History. - 2015. - № 6 . - pp . 129–143 .

• Independence of Catalonia