Defense of the Union Jack

The Union Jack of the United Kingdom can be proudly found throughout the world, including here at the Six Pence Pub in my hometown of Savannah, GA, with the Home Nation flags of England, Scotland, and Wales and the flag of the United States.
Image Credit: Wesley Hutchins

     Flags – they can mean many things to many people. They can represent pride and instill patriotism in some, while also causing an affront to others – and these emotions can be felt by people living within the same country.

     Recently, there was a controversy over the British flag – aka, the Union Flag (or Jack) – not being present on the vests that are to be worn by British athletes during the World Athletics Championships in Beijing. The redesigned vest features the national colors – red, white, and blue – as well as “GREAT BRITAIN” spelled out across it in red letters, but not the flag itself, which had been prominently displayed on the uniform used for the last world championships in 2013 in Moscow.

     Not since 1997 has a British athletics competition vest failed to include the flag. For Olympic long jumper Greg Rutherford, it was “wrong and ridiculous” to have the flag omitted, and he took his complaint to Twitter, where he tweeted a photo of the new athletics kit.

     Rutherford, known to be popular and forthright amongst members of the athletics squad, further stated that he was “proud to be British”, and lambasted the new kit – calling it “terrible” and no longer British. He also claimed that there was not one athlete he had spoken to who had wanted the change, and that everyone wanted the Union Flag on the vest. Among his Twitter followers who agreed with this was British steeplechaser Eilish McColgan, who remarked that the vest looked “really odd” without the flag and – as with Rutherford – accused UK Athletics of representing itself, rather than Britain.

     UK Athletics is the governing body of the sport of athletics in the United Kingdom, and its CEO Nick de Vos stated that the objective of the new kit was not to eradicate the Union Flag (which is still displayed on the shorts and socks) but to promote the brand of Team GB and British Athletics leading up to the World Championships being hosted by London in 2017, and that by having “Great Britain” spelled out across the vest, they were actually taking a cue from the success of Team GB at the 2012 London Olympics. In this sense, it was more about the team than the flag.

     This view taken by the governing body is not entirely off the mark. While having the flag on uniforms is preferable in athletic competitions, it is not necessary – especially if the name of the country and its colors are present as part of the scheme. For my part as an American, I do not look for Old Glory on the uniform of athletes, and with regard to the last summer Olympics, I paid much more attention to the performance of the squads representing Team USA, whose uniforms typically displayed small US flags (probably not much larger than 2" x 3"). The substantial prominence of the flag came from the USA fans and its appearance during victory laps and medal ceremonies.

     So flags can become overrated in the overall scheme of certain things and in certain contexts, and if the statement by UK Athletics had been the last word of the controversy, this post would have stopped here.

     But Jonathan Jones decided to take it to another level when he wrote in The Guardian that he had “sympathy” for the kit designers, who he claimed had created an “elegant” vest with the national colors, while dispensing with “that jagged, explosive, aggressive flag.”

     Jones, an art columnist for the newspaper, insisted that his criticism was not about “imperial arrogance” or a “coercive union that keeps Scotland in its place”, but instead had to do with how the flag looked, and he opined that the flag was “cluttered” with sharp-angled lines which implied fragmentation as opposed to unity, as well as being “heavy and overbearing, forceful and strident.”

     Furthermore, Jones asserted that while the flag had meaning when Britannia ruled the waves – and in particular, when fighting in battles such as Waterloo and Trafalgar – it was “crap” today, and that its “sheer pompous ugliness unconsciously damages the image of the union” in a way that gives a “psychological boost” to the separatists who wish to break up Britain.

     For this reason, he suggested that a new flag should be designed to save the United Kingdom and make the British people proud to be British and love their country again.

     However, I find that the commentary by Jones – while a bit refreshing for coming from an artistic point of view – was off the mark and at odds with the Union Flag which I and millions of people around the world have come to know.

     The Union Flag is – quite simply – one of the most beautiful flags in the world, and that beauty is in part derived from the fact that it is, as Jones writes, “a compromise, a merging of different national symbols.” It brings together a vibrant blue field and a white diagonal cross – the Saltire of St. Andrew representing Scotland, with the red Saltire of St. Patrick for Northern Ireland, and the red Cross of St. George representing England, to forge one flag for one country – the United Kingdom.

     It is therefore a flag of unity, and James VI of Scotland knew exactly what he was doing in the early 1600’s when he moved to have the flags of Scotland and England merged when he ascended to the English throne as James I, and therefore became the first man to rule all Britain. The royal union eventually led to the political, economic, and cultural union which has thus far endured for over 300 years, and the flag has become a symbol of the nations of Britain joining together as a single country.

     This is in similar fashion to the United States, where the stripes represent the original thirteen British colonies which became independent states and came together as one, while the fifty stars represent the fifty states of our current Union – all in the spirit of E Pluribus Unum.

My hand-made Christmas ornament featuring Old Glory on
one side and the Union Jack on the other.

Image Credit: Wesley Hutchins

     Indeed, the idea of several diverse areas melding together is especially true of Britain, where various tribes eventually merged into larger and expanding kingdoms, and resulted in the country that we know today. Those three crosses come together as an expression of that unity, as well the possibilities that can arise from that unity of peoples from so many cultures and backgrounds.

     It must be made very clear that the Union Flag is not the flag of any one part of the UK, nor is it the flag of any one ethnic group, nor is it the flag of any one religious group, or of any one racial group, nor is it the flag of any one political party, group, or philosophy. It is most definitely not the flag of “Westminster”, and neither is it a factional or sectarian flag.

     It is the flag of the United Kingdom and thus the flag of all Britons, from Inverness to Southampton, Belfast to Dover, Berwick to Cardiff, Anglesey to Glasgow, Land’s End to Shetland, and everywhere else in between. This includes people who can trace their families to the Normans, Vikings, Anglo-Saxons, Romans, and the various Celtic tribes (all of which are quite interrelated, anyway), as well as the people who are Britons of the first generation in our time. As such, it is a flag of “relentless dynamism” – a term used by Jones – as the country has changed time and time again while also preserving elements of continuity.

     It is not “owned” by anybody, just as the Saltire in Scotland is not the flag of the Scottish nationalists, for it is the flag of all of Scotland, including those who believe that Scotland should continue to be part of the United Kingdom, and who look to the Union Flag as the one that they share with the people of the rest of the Britain.

     Some may disagree with me on this point, but quite simply, it is my belief that the Union Flag serves the purpose as the national flag of the United Kingdom, just as the Stars and Stripes does as the national flag of the United States – full stop, and it is doubtful that the nationalists will start looking more favorably at the Union with an entirely redesigned flag.

     The one modification I would perhaps make would be to find a way to include Wales, which had already been annexed into England at the time of the unions with Scotland and Ireland, so that it is effectively represented by St. George's Cross. It is not – at least from what I can see – a terribly important issue, but it would be nice to have St. David’s Cross or the Red Dragon incorporated into the design, so that Wales can be represented as an integral part of the Union, as it always has been. My own personal preference would be to have the Red Dragon in the middle to preserve the overall red, white, and blue color scheme of the flag (since St. David's cross is yellow).

A modified Union Flag with the Welsh Red Dragon included.
Image Credit: Yes0song via Wikimedia Commons cc

     After all, the Union Flag has long been established and cemented as an easily and hugely recognized symbol of the United Kingdom across the globe. It is powerfully iconic in its representation of Brand Britain everywhere, whether it is featured on clothes, food packaging, automobiles, ships, airplanes, various forms of media, mobile device cases, pillows and bed sheets, wallpaper, Christmas ornaments, stuffed animals, desktop backgrounds, posters, logos and insignia's for various organizations, and several other things which people use or come into contact with everyday.

     The flag is flown in admiration for Britain and to denote places, people, and things that are British, such as the Scottish pub in my hometown of Savannah which flies it, along with the Saltire and the Red Lion Rampant (the Royal Standard of Scotland) on its premises, as well as another pub which flies the crosses of St. Andrew and St. George, the Red Dragon, the Union Jack, and the Stars and Stripes. When one sees the Union Flag around the world, he or she knows what it is, and no questions need be asked.

Molly MacPherson's Scottish Pub and Grill in Downtown
Savannah with the Union Flag, Saltire, and Red Lion Rampant
.
Image Credit: Wesley Hutchins

     From this point of view, the true measure of the global influence of a Union Flag is not such much about how many other countries copy its design when in the process of designing their own, but about how many people admire it and choose to use it in admiration of and respect for the United Kingdom.

     When I see the Union Flag, I do see the Saltire of St. Andrew, St. Patrick’s Cross, and St. George’s Cross, and through them, I see the countries of the UK and their contributions to Britain’s history, its achievements, themes, values, issues, tensions, paradoxes, and contradictions, as well as the triumphs and tragedies, good and bad, joys and sorrows, and times of unity and division, as well as its future – all wrapped up into one flag to represent the United Kingdom as a whole in its beautifully complex tapestry.

     Alongside the idea of a bank holiday in commemoration of the entire United Kingdom, the Union Flag ought to be formally codified into law as the official flag of the United Kingdom, and as such, should fly from all public buildings at all times, alongside the flags of each Home Nation where appropriate (i.e., it and the Saltire side-by-side at public buildings in Scotland). There is no reason why this cannot be done, and indeed, the Union Flag should not be in competition with the Saltire or the other Home Nation flags. Except for Wales, it is composed of flags representing the Home Nations, and as such, it complements them and denotes their rightful place in the overall context of the Union.

     This is why I see unity instead of division in a flag of “relentless dynamism” which befits the robust, outward-looking, and tolerant country that Britain is and should always aspire to be, as well the hope that Britain can sort out its issues – constitutional and otherwise – as one.

Union on Edge

Home Nation flags of the United Kingdom.
(Image Credit: Setanta747 via Wikimedia Commons cc)

     In light of the recent row over fox hunting, there appears to be bubbling angst in England with regard to Scotland and its place in the United Kingdom, and they are not good for future of the country.

     Just before the SNP’s decision to have its 56 MP’s vote on the fox hunting legislation which only affects England and Wales (and breaking the party’s “principled” stance on not voting on such issues unless they were related to Scotland), Leo McKinstry of The Express was fuming over the prospect of Scottish First Minister and SNP leader Nicola Sturgeon “bossing England” with her insistence on having a say in the crafting of English Votes for English Laws (EVEL) – a process which would see English (or English and Welsh) MP’s having a greater say, if not outright veto, on bills going through the British Parliament at Westminster that are applicable only to England (or England and Wales).

     He went on to claim that because of devolution, “English people are treated as second-class citizens in their own country” because Scottish MP’s still retain full voting rights at Westminster, resulting in a “gross constitutional injustice” (the West Lothian Question) in which Scottish MP’s have a say on all matters south of the Tweed, while MP’s from England and Wales have no reciprocating influence on matters that have been devolved to the Scottish Parliament at Holyrood.

     McKinstry also banged on about the “huge funds that English taxpayers have to provide for Scotland”, and believes that Home Rule ought to be given to Scotland, along with Full Fiscal Autonomy (FFA), and that England should have its own Parliament in the spirit of the Scottish Constitutional Convention’s declaration of “the sovereign right of the Scottish people to determine the form of Government best suited to their needs.”

     On Sunday after David Cameron withdrew the government’s fox hunting legislation that appeared doomed to failure with the SNP’s announcement of voting against it, Simon Heffer wrote for The Telegraph in terms that were similar to McKinstry last week.

     He spoke of a “Scots insurgency” that if not stopped, would result is rising anger and resentment amongst the English, and believes that the original government plans for EVEL were too weak against the “insurgency” because while English MP’s can block amendments during the committee stage, MP’s from throughout the whole UK can vote on the final bill. This, he claims, “amounts to denying the English (and in some cases the Welsh) people democratic rights now enjoyed, at their expense, by the Scots”, with their “quasi-imperial right to interfere as they wish in English affairs while excluding English MPs from theirs.”

     Further, he wants to see a “federal parliament” in which the whole House of Commons sits and decides on issues that affect the whole UK – which he described as “defence policy, foreign policy, security policy, the national lottery, and possibly some parts of the Budget (depending on the extent to which fiscal policy is devolved to the Edinburgh parliament).” However, where issues have been devolved to the representative institutions in Edinburgh, Belfast, and Cardiff, they ought to be decided at Westminster only by the MP’s whose constituents are affected. This, he believes, will mean that “the English question is decisively solved, and the Scots are put on an even footing with everyone else.”

     Both of these opinion articles by McKinstry and Heffer are expressions of frustration by what they as an aggressive Scottish nationalism that is trying to break up the UK, but now has 56 MP’s in the Commons and is trying to “interfere” in the running of Britain, and in particular, England. The fox hunting issue as become just the most recent and highest profile case of the SNP making its mark known throughout the UK, and it has not – at least so far – gone down well with many voters in the rest of the UK.

     These frustrations are understandable, but I am concerned that these views may be indicative of a rise in English nationalism in response to the rise of the SNP and what some people see as the near-constant whining and complaining that seems to have enveloped vast swaths of Scotland, resulting in a culture of grievance and resentment against the rest of the UK and blaming it for Scotland’s problems.

     It is particularly concerning how Scots are increasingly being viewed as though they are foreigners in their own country – the United Kingdom. Simon Heffer’s use of the term “Scots insurgency” is an indication of this, for it appears to describe all Scots as though they are an alien force imposing their will on the rest of the UK. Perhaps he meant to say “SNP insurgency”, and if so, that would have been a more accurate term to describe the situation. However, the fact that he did not use that term speaks to the erroneous conflation of the SNP and Scotland, as if the two are one and the same, when in fact, they are not (though the SNP like perpetuating this myth).

     These days, there are times whenever I hear or see someone use the term “the Scots”, and it is becoming unfortunately synonymous with the SNP (both north and south of the Tweed) and used in a way almost as if to say that Scots are a problem – a troublesome annoyance who need to be dealt with, and this is reflected in Heffer’s piece, when he said of “the Scots”:

“They have also voted for a Nationalist government committed to separatism. They managed not to win the argument last September, and so remain part of the Union. However, they have chosen to conduct their membership of the Union by means of aggression and constitutional offensiveness, like the bullies they were during the referendum campaign, and like the sore losers they have been ever since.”

     At some level, it is not clear if and where he is making a distinction between all Scots and the SNP, but it certainly comes off as describing all Scots as having “chosen to conduct their membership of the Union by means of aggression and constitutional offensiveness.”

     However, the fact remains that despite the SNP winning 56 out of 59 Scottish seats in the Commons, half of Scotland did not vote for it (which makes a case for some sort of proportional representation), and there are many Scots who are just as fed up with the SNP and their antics as people in England, Wales, and Northern Ireland. Not all Scots approve of the SNP and their separatist agenda, and just wish that the SNP would stop with the constitutional obsessions, saber-rattling, and constant displays of grievance, while there are real issues in Scotland that need addressing, which the SNP can do something about (without banging on for more powers).

     Nevertheless, there are some voices that believe having Scots being full participants of parliamentary processes is tantamount to some form undemocratic tyranny, or in McKinstry’s words, a “gross constitutional injustice” which allows for Nicola Sturgeon to claim a “self-appointed role of trying to dictate how Britain (and particularly England) should be governed.”

     Such emotive language is almost in line with the language used by some people in Scotland to argue for devolution in the 1990's and separation in 2014, with the talk of “democratic deficits” and the English imposing their will on Scotland, with laws passed by the British Parliament with a majority of English MP’s, though not Scottish MP’s, who have – as always since the beginning of the Union – full parliamentary representation like everyone else.

     All this talk of whether English MP’s voted for this, or Scottish MP’s voted for that is irrelevant to the fact that the Palace of Westminster houses the British Parliament, the representative body of all of the people throughout the United Kingdom from Shetland to Land’s End, and whatever is decided by those MP’s is the result of elections by the people throughout the land, and – quite often – the votes break down based on party affiliation, and not on the basis of which part of the UK from which the MP’s came.

     Devolution created an imbalance, but pushing for EVEL creates another imbalance at the heart of British governance by which the MP’s from certain parts of the UK are excluded from some parliamentary processes and votes simply because of their location.

     Yes, there needs to be solution to the West Lothian Question, but there needs to be another way than EVEL. A person who truly believes in the Union – the very concept of Britain, and doesn’t view it in purely transactional terms – would strain every sinew to find and promote a solution to the West Lothian Question without resorting to the crudity of the short-term political – not long-term constitutional – solution of EVEL and telling non-English MP’s when they can and cannot participate in the parliamentary processes and votes at Westminster.

     A more coherent and proper solution will be to create new legislative institutions in England, just as has been done in Scotland, Northern Ireland, and Wales.

     There could be a separate English Parliament, but there is a legitimate concern that it would rival the UK Parliament and that an English First Minister would be as powerful, if not more powerful than a British Prime Minister. Such an arraignment would prove detrimental to the foundations of the Union, whose whole point was to bring the peoples of Britain together into one country – a stronger one which would allow for the merging and sharing of resources, talents, and energies for the benefit and general welfare of all.

     This is why there must be an end to the ad hoc political processes that have brought us to this point, and it is time instead for a constitutional convention for all of the United Kingdom, in order to forge a lasting settlement that everyone can find acceptable, if not entirely satisfactory – in the tradition of the signers of the US Constitution in 1787, all of whom were not 100% happy with the document they had created during the heated constitutional convention that year, but nevertheless came to the conclusion that they could not come to an agreement on something better.

     Such a process, I hope, will retain Westminster as the sovereign body that is representative of the people throughout the entire UK at all times, while confirming or creating new bodies that take on powers similar to those of US or Australian states, Canadian provinces, or the German Länder.

     The outcome would mean that Westminster becomes a true representative federal parliament in an overall federal system, unlike the bastardized form of federalism (EVEL) which was called for by Simon Heffer, with Scottish MP’s active for some things at Westminster, but not others (which is just as bad as the bastardized federalism advocated by some people in the SNP and their supporters).

     Indeed, it appears that some people want easy short-term political answers, rather than hard long-term constitutional solutions befitting the complex nature of the UK. The honest truth is that at this point, there are no easy answers, but a convention where a diverse range of views can lead to a solution to the issues of British governance (including the West Lothian Question) is preferable to just about everything else.

     The United Kingdom does need constitutional convulsions, and have one thing one day, and another thing the next. Piecemeal constitutional tinkering must be replaced by a singular effort to establish a reformed constitutional order (out of the chaos and passions of recent years) that is beneficial to all.

     And if the SNP really wants to foster better relations with the people of the rest of the United Kingdom – as they claim they wish to do by focusing on affairs south of the Tweed – it would participate at such a convention and have the interests of the rest of the UK in mind while also being focused on Scotland, as opposed to the saber-rattling and complaining which will only hasten the introduction of EVEL.

     But despite their protestations about EVEL (which a new study says will be detrimental to Scotland), some will actually welcome it, since they can complain about Westminster treating Scottish MP’s as second-class citizens. They would certainly like to portray it that way, and this will probably give Nicola Sturgeon the “material change” necessary to call for another referendum.

     The issue therefore, is not about Scots, but about the SNP, and instead of biting on the SNP’s bait and dropping the nuke that is EVEL, people such as Heffer, McKinstry, and several others should call for convention in the hope settling these constitutional matters.

     But aside from that, there needs to be a better and more fundamental understanding between everyone throughout the UK. Eye-grabbing headlines and emotive articles from some newspapers, as well as inflammatory speeches and comments don’t help the cause of the Union; rather, they inflame and harden attitudes against it by pitting the people of Britain against each other, such as referring to Scots as “subsidy junkies” and England being portrayed as land of greedy neo-liberal (Thatcher-loving) sociopaths.

     To be quite frank, there needs to be a cooling down of emotions and rhetoric, and with the end of the referendum, I believed that this would happen. Unfortunately, this did not occur, and it sometimes feel as though one errant, insensitive, or ill-thought out comment or action will blow up the Union and end Britain as we know it. (Indeed, when writing my blog posts, I feel as though I have to keep various sensitivities in mind.)

     Instead of coming to the inaccurate conclusion that Scots may have had a change of heart since last September, and dismissing the SNP and its 56 MP’s as a Scottish problem that neither the “English or the Government should be cowed by” as Simon Heffer says, columnists, journalists, politicians, and ordinary people from throughout the UK should actually get out and spend time in Scotland – perhaps on and off for several weeks or months, if not longer.

     They should go to the leafy areas of East Lothian and Renfrewshire, as well as the housing estates in Glasgow and Dundee. Spend time in the Borders and Highlands, as well as the island communities. They should not see Scots as an alien and foreign people, but as their fellow British citizens who have many of the same concerns, fears, anxieties, and aspirations as they do. The problems that they face are the same ones faced by people throughout the UK as a whole, and it would be productive to actually meet with them in their homes and communities, and get to understand and know them better – beyond the preconceived notions and unhelpful stereotypes perpetuated by some corners of the media.

     David Cameron, as the Prime Minister of the United Kingdom, in particular needs to spend more time in the country of his ancestry, as well as the new Liberal Democrat leader Tim Farron and whoever will emerge from the Labour leadership election to replace Ed Miliband.

     They should not go up there for one-day stops to “show the flag”, but stay there for days at a time, and become more engaged and focused on what’s going in Scotland, especially with regard to matters that affect the UK as a whole. They should hold meetings in Scotland, and find that there are still volumes of Scots who are supportive of the Union, who do not want to feel like foreigners, and who will appreciate the reaching out by their fellow British citizens from the Prime Minister on down.

     Such people – some of whom are my friends – are trying cope with a deeply divided society, and they need support, especially from their fellow Brits. They want their voices to be heard above and apart from the SNP noise machine, and do not wish to be viewed as troublesome and annoying nuisances, but as beloved countrymen and women.

     But of course, reaching out to those who voted Yes in 2014 and the SNP in 2015 will also be instrumental attempting to lowering the political temperature and smoothing relations throughout the UK and Scotland itself. David Cameron in particular may not be particularly liked in Scotland, but him being there for extended periods of time, meeting people, immersing himself into life up there (and possibly take some heat) – whilst still attending to his duties as Prime Minister – will at least be respected by many Scots.

     Meanwhile, the SNP plans on getting out more into the rest of UK and expanding their scope to matters in places such as Leeds and Manchester, in the hope of championing for – among other things – increased transport links between Scotland and the North of England, as well as increased economic investment, which will be beneficial to Scotland. If this is what they intend to do, it is indeed high time for UK political leaders to spend more time up in Scotland for similar reasons of outreach and fostering better relations.

     This outreach in both directions may even have the effect of fostering better feelings toward maintaining the Union, and rediscovering a common sense of Britishness. This may not be what the SNP wants, but it is certainly a possibility if they are good on their word of taking a more keen interest in matters that affect their fellow citizens in the UK outside of Scotland, which will require them to climb down a bit from their sanctimonious rhetoric about “standing up for Scotland” – as if to say that generations of MP’s from Labour, the Liberal Democrats, and the Conservatives didn’t do so, while also working with their colleagues in the rest of the UK and not working toward dissolving the Union.

     Indeed, there is a conceit about the SNP – a smugness, self-satisfaction, and arrogance that uses emotion and a sense of moral superiority that is used in elections and the recent referendum to beat down its opponents, especially pro-Union ones. That conceit has become more apparent following the row over fox hunting, and even some pro-SNP figures are starting to realize it as the party preaches from a moral high ground without actually following up with substantial action – especially at Holyrood, where the SNP has held the reins of government for eight years, and there are real substantive issues on health, education, and policing which need urgent addressing.

     And for all of their preaching on social justice, they are certainly not taking or proposing the sort of radical action (i.e., substantial tax increases) that could scare off the middle class voters that the SNP – like all other parties – needs for victory. In the end, the only real aim they have is independence.

     Will they really be willing to put their money where their mouth is, and actually constructively engage with people in England, Wales, and Northern Ireland – knowing full well that this may prove beneficial to the existence of the Union? Only time will tell. Perhaps greater cross-border interactions and mixing people up throughout the UK to break down preconceived notions about one another can lead to a better and greater understanding between them.

     If nothing else, the rhetoric being used in the current political discourse – with talk of “insurgencies”, “junkies”, and “injustices” – needs to be toned down for everyone's sake.

The Folly of Devolution Thus Far and (Worse) EVEL

The Parliament of the United Kingdom
(Credit: Jim Trodel via Flickr cc)

     Ever since the advent of devolution to Scotland, Wales, and Northern Ireland in the late 1990’s, there has not yet been an answer to the infamous West Lothian Question, whereby MP’s from those areas cannot vote on matters that are devolved to the Scottish Parliament, Welsh Assembly, or Northern Irish Assembly, but can vote on such issues in the British Parliament at Westminster – even though their own constituents are not directly affected.

     Devolution of certain issues to those legislatures meant that such issues – like health and education – were no longer issues of a UK-wide concern, and were now effectively English issues being decided by the UK Parliament at Westminster – including by Scottish, Welsh, and Northern Irish MP’s, despite English MP’s having no such say over devolved matters in Scotland, Wales, and Northern Ireland.

     The West Lothian Question is so named because it was brought up by Tam Dalyell, the Labour MP for West Lothian during the parliamentary debates on devolution in the 1970’s. It was he who asked how such a then-hypothetical situation could be sustained, and as such, he was a prominent opponent of devolution because nobody could provide him with an answer to his question.

     Now with devolution entering a stage in which substantial legislative and fiscal powers are set to be devolved to the Scottish Parliament (in fulfillment of the Vow made towards the end of the independence referendum campaign), there is an increasing need to answer Dalyell’s 40 year old question.

     Labour attempted to answer it by proposing regional devolution within England following the devolution it had established in Scotland, Wales, and Northern Ireland. Tony Blair's government succeeded in a referendum to devolve power to Greater London, which involved the creation of the London Assembly and a directly elected Mayor of London. However, the attempt to create a devolved assembly in North East England was so heavily defeated by the electorate of that region in a 2004 referendum, that the idea was shelved for all the other regions (bar London), and the government effectively kicked an answer to the WLQ into the long grass.

     The answer that is now set to be pursued by the current Conservative government of Prime Minister David Cameron appears to be English Votes for English Laws (EVEL). This has been Conservative Party policy since devolution came about, and it has different variants, but the gist of it is that the Speaker of the House of Commons will determine which bills going through the Commons are applicable only to England (or England and Wales), and therefore require a majority of only English (or English and Welsh) MP’s to pass such legislation. Some variants of EVEL call for an absolute “veto” in which relevant MP’s will have the ultimate say over such legislation, regardless of how other MP’s may vote. Others merely allow for those MP’s alone to vote at the committee stage (where amendments can be made), whilst allowing the full Commons to vote on the legislation at its final stage.

     Either way, EVEL will likely mean some dilution in the voice of Scottish MP’s in the British Parliament because it is simply becoming more difficult to justify their votes on issues that do not affect their constituents – issues which have essentially become English issues because of devolution.

     What’s ironic is that the Scottish National Party (SNP) campaigned heavily at the last election on a platform of “making Scotland’s voice heard” and “giving a louder voice for Scotland” at Westminster – as if to say that Scotland never had a voice there, which is plainly ludicrous, as Scotland as been sending MP’s to Parliament since the Union began in 1707. (Here, they engage in the art form of conflating Scotland with the SNP.)

     However, as an acquaintance of mine in Scotland – a gentleman named Graeme – has said, devolution has “turned the hypothetical ‘West Lothian Question’ into reality, creating a situation in which Scottish MPs were voting on English affairs that English MPs no longer had any say over in Scotland.” Furthermore, he adds that as devolution was being implemented during the last Labour government (1997-2010), the UK had a Scot – Gordon Brown – “representing a Scottish constituency [and] serving as Chancellor and then Prime Minister formulating policies on health, education, policing, etc in England that were no longer within the remit of the UK Government within Scotland.”

     Now with the recent extraordinary success of the SNP in winning 56 of 59 Scottish seats in the Commons and the prospect of further devolution (including the full devolution of setting income tax) to Holyrood, the constitutional anomaly of the WLQ has become “unsustainable” and EVEL “has more or less” become inevitable.

     However, Joyce McMillan in The Scotsman disagrees with such notions, and claims that for decades, Scotland has had to put up with “England’s political preferences.” But this attempt to say that “karma’s a b****” with regard to Scottish influence across the UK ignores the changes wrought by devolution. It also ignores the idea that British general elections ought to be about what the voters across the UK want, as opposed to attempting to break the votes down by certain areas. However, even when you do this, what you find is that since World War II, Scotland has gotten the government it wants more often than not, and indeed on two occasions – in 1964 and 1974 – Scotland voted for and got a Labour government, even though England voted Tory. In a democracy, sometimes you win, and sometimes you lose.

     Nevertheless, devolution was brought about to address a “democratic deficit” with regard to Scotland’s place within the Union, and to lessen “English influence” on “Scottish affairs.” With this, logic follows that some people in England may wish to lessen “Scottish influence” on “English affairs.”

     McMillan says this ignores the “brute fact” that the UK is an asymmetrical union in which 85% of the population resides in one part of the country – England, and that EVEL will shut Scotland out of critical decisions that affect the UK as a whole – including Scotland.

     Unionists such as Graeme are then oft to point out that this is an admission that devolution – at the very least – is a flawed concept whose architects failed to think through its implications on Scotland and the United Kingdom as a whole, and its implementation in a piecemeal manner failed to engage the UK as a whole on constitutional matters.

     They also contend that the asymmetry to which McMillan refers did not exist before devolution, for with a single sovereign parliament in London, all of the British people were represented by MP’s who could equally participate in the parliamentary process in full without question. This allowed for many Scots to take their rightful place in powerful and prominent positions in government – defense secretaries, home secretaries, foreign secretaries, chancellors of the Exchequer, and prime ministers – and representing the interests of the UK as a whole (including Scotland).

     Only after the highly-charged and emotive rhetoric of “Tory government’s we didn’t vote for” and “English laws imposed on Scotland” (especially following the eleven years of Margaret Thatcher’s government – 1979-1990 – during which Scotland repeatedly voted Labour, though the UK as a whole voted Conservative) followed by devolution in 1999 did the fundamental nature of Scottish parliamentary representation come under question – first with the reduction of Scotland’s MP’s from 72 to 59, and now the proposals for EVEL.

     McMillan claims that this is “largely designed to massage the wounded pride of English Tory MPs by offering them a bump up the pecking-order in the public-school politics of Westminster.” However, with the West Lothian Question becoming a reality (as Tam Dalyell had warned), English MP’s – whatever their political stripe – have a legitimate constitutional issue. By attempting to solve one democratic deficit, another one was created in the process.

     This is not to say that EVEL is the optimal response, but after the clamor for “more powers” for the Scottish Parliament (including the prospect of Full Fiscal Autonomy (FFA), where all taxes raised in Scotland would go to Holyrood) should anyone be surprised?

     But realistically, given the geographic reality, England will never truly be free of Scottish influence, and Scotland will certainly never be free of English influence.

     Using veteran nationalist Paul Henderson Scott’s description of Scotland’s relationship with England as that of being in bed with an elephant – and the need to be free of the elephant, Kenny Farquharson wrote recently in The Times that this failed to “acknowledge basic geography and economics.” Without the United Kingdom holding them together, Scotland and England may well move to separate beds, but will still have to share the same room – the same island, Great Britain. Being ten times the size of Scotland, Farquharson notes that “England will always be our bigger, more populous, more powerful neighbor” and what it does “politically, economically, culturally — will always have a profound effect on us [in Scotland].”

     In other words – despite what some nationalists may want to believe – Scotland cannot ignore its big sister, the elephant. Farquharson goes on to mention that Scotland’s exports within the UK – to England, Northern Ireland, and Wales – amounted to £44.9 billion, which is a considerable sum when one considers that Scottish exports to the rest of the world combined was £22 billion (and less than half of this was with the European Union).

     Indeed, one of the flaws of EVEL is how to know what issues can be classified as “English only” or “English and Welsh only”, for even though a piece of paper may say that, members from Scotland, Wales, and Northern Ireland can also argue that because of England’s size, legislation that legally applies only to England can (and will) have affects – particularly financial – on the rest of the UK.

     This is why EVEL is quite controversial, for it would create two classes of MP’s – English MP’s with full time access to the Commons and all stages of the parliamentary process in the Commons, and non-English MP’s who would effectively be told to stay out of their own parliament on certain days, even though the legislation and issues debated on those days may indirectly affect their constituents.

     It is also why even though Yes Scotland and the SNP were campaigning on the idea of Scotland being master of its destiny, they were also trying to argue for a form of independence that would retain links with the rest of the UK, but leave it without the ability to shape it, as the continuing Union would continue to substantially influence Scotland – regardless of the constitutional arrangements.

     This points to the importance of maintaining the United Kingdom as something that is in Scotland’s best interests, and maintaining as firm a Union as possible with full and complete parliamentary representation in Parliament for everybody, rather than trying to unravel it and creating more grievances along the way.

     Indeed, one of the reasons for the merger of England and Scotland into the UK was to give Scotland access to the much larger English markets, and this – along with the much wider British Empire – proved to be highly beneficial to Scotland. But even without the Empire, being part of the United Kingdom, as Farquharson points out, has been beneficial to Scotland’s economic prospects more than anything else, and UK as a whole has benefited from Scottish contributions (in terms of human, social, financial, natural, and instructional capital) that have helped to make it a global leader and significant world power, which in turn provides benefits to the UK – including Scotland.

     Attempting to loosen the UK with well-meaning, but ill thought out devolution and EVEL threatens to upset these necessary bonds – political, economic, and social – which keep Britain together. Indeed, one of the disheartening prospects is that there may never again be a Chancellor of the Exchequer or Prime Minister from Scotland representing a Scottish constituency.

     On this point, my friend Graeme believes that:

“Nationalism and devolution has not increased Scotland's power and influence within the Union, it has significantly diminished it. It has rendered much of Scotland's influence within the wider UK intolerable to that part of the UK which forms the majority of its population, and has made it very difficult for it to be [constitutionally] acceptable for any Scottish MP to occupy any cabinet post other than that of Foreign or Defence Secratary, because any other cabinet position would make them responsible for policies in England over which the English have no say over in Scotland, which the English no longer consider to be either fair or acceptable.”

     He further laments that thanks to “poorly handled devolution and [acquiescence] to nationalist demands” Scotland and Scots, “once a powerful and disproportionately influential voice within the Union, have rendered themselves in some respects as bystanders to larger issues within the United Kingdom” – many of which will continue to affect Scotland.

     The result, he fears, will be that “England and the English will come to dominate the UK far more than they have ever done” and that this was perhaps the way the nationalists had planned it, for it certainly would give them “even more grievance fuel to further their agenda”, and that some Scots “will believe them when they say that England is unfairly denying Scotland a voice within the UK by freezing them out of influence at Westminster.” It would make the roar of the Scottish lion “sound more like a cat’s mewling.”

     McMillan attempts to get around this by saying that it would be rather pompous for English Tories to talk about “speaking for England”, as if England is a homogenous community when in fact it is not – pointing out that “the England of the 21st century is a vastly diverse nation, which contains millions of people – from Liverpool to Portsmouth, from Truro to South Shields – who are fully as exasperated with the current Westminster establishment, and its failed politics of austerity, as any Scottish voter.” Her solution is to use the House of Lords as a chamber that represents the nations of the UK, as well as the regions within England, which in her view, would meet the “standards of 21st-century democracy.”

     As it is, I have written on how the Lords can be reformed in such a way. Looking back, this probably should have been the way to go in addressing the asymmetries that she refers to, which have also been noted by many pro-Union politicians such as Gordon Brown. If this had been achieved long ago, it may have averted the need for devolution, because it would have guaranteed a level of Scottish representation in the upper house that would have been on par – or nearly on par – with England, so that Scotland’s voice (or rather voices, since Scotland is just as diverse as England) could be heard and provide wisdom and scrutiny to government legislation. Even if a reformed Lords did not have the absolute ability to block government legislation, it could – with substantial Scots influence – force the government to think again on its agenda.

     Indeed, perhaps another flaw in devolution was that it made changes along the edges of the British constitution without also making changes at the center, and this has left the country with an unbalanced governmental structure that is prone to misunderstandings and grievance-mongering.

     Of course, there would still be people making the case for devolution and decentralization from London. In fact, the idea of revamping the United Kingdom into a federal union like the United States has taken hold in some quarters in the wake of the referendum. But even Gordon Brown has remarked that federalism can only go but so far in a country where 85% of the population lives in one area, and most forms of federalism still mean having a strong central government with the ability to levy and collect taxes, and make an array of laws that directly apply to all people throughout the entire union.

     In essence, federalism means that there are some powers exclusively exercised by the federal government, some powers exclusively exercised by the federated governments, and some powers are exercised jointly. For example, in the US and Germany, the setting of income and corporate taxes are a joint responsibility of federal and state governments. The federal governments and legislatures in both countries are quite powerful – though their power is limited in certain areas.

     Indeed, the authority of the British Parliament at Westminster has already been limited in practice, regardless of the fact that it possesses ultimate sovereignty across the UK. The Scottish Parliament, Welsh Assembly, Northern Irish Assembly, and London Assembly are now semi-permanent institutions to the point where no prime minister or his/her government will dare contemplate abolishing them.

     The issue at hand now is how these institutions, the British Parliament, and potential institutions in England can fit into a federal framework for the United Kingdom as a whole. This will require an end to ad hoc devolution (including the proposal for Full Fiscal Autonomy for Holyrood) as well as the crude answers contained in the proposals for EVEL. Joyce McMillan herself acknowledged that the decision to devolve control of setting income tax rates was “strange and hasty”, for the income tax allows for one of the most transparent forms of redistribution from wealthier parts of a country to another, and the concept of pooling and sharing resources throughout the United Kingdom for the benefit of all was one of the main arguments used for keeping Scotland as part of the Union.

     If the Union is to survive at this point, there needs to be the establishment of a UK constitutional convention that will attempt to sort out the issues of British governance and forge a lasting constitutional settlement that is as “fair” as possible to everybody.  It means looking at the United Kingdom as a whole and having a firm understanding of how it ought to work going forward, which – among other things – means defining the powers of a federal UK Parliament (as Article 1, Section 8 of the US Constitution does for the US Congress), the limits on the federal parliament (Article 1, Section 9), and the powers and limitations on the federated governments of the nations and regions within the UK (Article 1, Section 10).

     It also means defining the values that bring Britain together as a country, and establishing principles upon which the people and their representatives can build on.

     This effort will require an enormous amount of good faith, tact, skill, statesmanship (likely in the face of political party interest), creative imagination, and a sense of vision and purpose to make such a settlement a success. It will also require the participation of people from all walks of life in Britain – including ordinary citizens, civic organizations, and faith groups in an expression of British civic participation that may also facilitate bringing people together and forging a sense of a common identity and common ideals for Britain going forward. 

     The brute reality is that Scotland and England have been “interfering” in each others affairs for centuries, and they really can't help it, given the island they share. The Union simply made it official, and in my opinion, it is in everyone’s interest for Britain to remain together, for Britain has so much collective potential, and its people can achieve much more together – not just for themselves, but for the world at large – than they could ever do apart.