Ian Blackford proclaims that UK faces a “constitutional crisis” over Brexit Bill votes in the three devolved parliaments. The National notes that,
While none of the devolved institutions have [sic] granted permission for Westminster to go ahead with the legislation, the Withdrawal Bill is still likely to pass through Westminster.Ian Blackford: UK faces constitutional crisis over Brexit Bill votes
What The National doesn’t say is that Westminster does what it pleases with no apparent discomfort or unease. The British parliament completely ignores the devolved parliaments, each of which has greater democratic legitimacy than Westminster, and does so effortlessly. If there is a “constitutional crisis” then the British establishment is, to all appearances, unaware of it. There is certainly no sign that it is at all troubled by this “constitutional crisis”.
Can it qualify as a crisis if one of the parties to events and developments is unaware of it? Or, to put it another way, if the party at the centre of the affair perceives no crisis, are we justified in calling it such?
Or could it be that Mr Blackford has misidentified the parties to the purported crisis? Perhaps he is simply mistaken in thinking that the crisis affects the British political elite. Perhaps, if crisis there be, it is only a crisis for the devolved administrations; particularly the one in Edinburgh. Maybe the explanation for the British political elite’s equanimity in the face of this crisis is simply that it doesn’t really involve them.
If, indeed, we have reached a stage in a sequence of events at which the trend of all future events, especially for better or for worse, is determined, then perhaps the British political elite doesn’t regard this as a crisis because, to whatever extent the trend of all future events is being determined, they are fully confident that this implies no changes that might be to their detriment.
If there is a condition of instability or danger in the affairs of the UK such as might occasion decisive change, maybe they know with a high degree of certainty that this decisive change will not be to the disbenefit or disadvantage of the established order.
Or maybe the British political elite is exhibiting the smug self-assurance that accompanies overweening power. Maybe they consider the established order invulnerable. Maybe they feel safe in the knowledge that, having the power to make, amend or exempt themselves from the rules of the game, they cannot possibly lose.
Why should this be a crisis for the British state? Nothing can oblige their parliament or government to heed the decisions of the devolved parliaments. The British state suffers no penalty for treating the devolved parliaments with supercilious disdain. Quite the contrary, in fact. Particularly in relation to Holyrood, Brexit has provided the British state with just the opportunity it needed to roll back devolution, slapdown the presumptuous SNP and put those uppity Jocks firmly back in the box labelled ‘Property of England-as-Britain’.
From the outset, discourse around the whole Brexit farce has focused almost exclusively on the economic impact. Little or no attention was paid to the constitutional implications. This despite the fact that the constitutional implications were always huge – as Ian Blackford and the rest now acknowledge. The constitutional implications were also obvious. When I argued for a Remain vote in the 2016 EU referendum the main reason I gave was the fact that leaving the EU would provide the British political elite with an opportunity to unilaterally redefine the UK and the constitutional status of the troublesome peripheral nations. At the extreme, which wise counsel would have us anticipate, this might involve the British constitutionally redefining the UK as an indivisible and indissoluble unitary state – putting Scotland in relation to the UK much as Catalunya is in relation to Spain.
The question was never whether the British would do this. The question was always whether there was any reason that they might not. Any just cause, that is, which they would see as such. Bearing in mind the nature of the British state and its ruling elites, considerations of ethics, morality or democratic principle were never going to enter into the calculation. The British political elite would do whatever was required to preserve and reinforce the structures of power, privilege and patronage which define the British state. The Union at any cost! To anyone but them!
There is no crisis for the British state. Ian Blackford has misread the situation. The British can, in this matter as in all matters relating to Scotland, act with total impunity. The crisis falls entirely on the devolved administrations and parliaments. Arguably, it falls most heavily on the Scottish Parliament and the SNP administration in Edinburgh. They will be judged on how they respond to this crisis. And it doesn’t look promising. Ian Blackford says, “really it is about this issue of respect”. Well, if it is, then it’s about how well he and his colleagues earn the respect of the people of Scotland. Because it’s as certain as anything might be that they will never get respect from the British political elite.
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