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What's the best way of doing an independence referendum?

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DynamicSpirit

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I wonder if the most democratic and fair solution would be something like this?

A referendum is agreed to take place once the pandemic is over on the following basis:
  • >60% of votes for independence means the matter is settled and negotiations start for independence.
  • >60% of votes for remaining in the UK also means the matter is settled and there will be no further referenda in the near future.
  • An intermediate result is understood as indicating the people of Scotland are too closely split for the matter to be considered settled, and another referendum is scheduled to take place - say - 5 years later, on the same basis.
 
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JamesT

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I wonder if the most democratic and fair solution would be something like this?

A referendum is agreed to take place once the pandemic is over on the following basis:
  • >60% of votes for independence means the matter is settled and negotiations start for independence.
  • >60% of votes for remaining in the UK also means the matter is settled and there will be no further referenda in the near future.
  • An intermediate result is understood as indicating the people of Scotland are too closely split for the matter to be considered settled, and another referendum is scheduled to take place - say - 5 years later, on the same basis.

Although requiring some sort of Super-majority for change seems attractive, I suspect it wouldn’t fly. Referendums in the last few years have merely required a simple majority, there would be suspicions about why a higher barrier was being imposed. After the 1979 devolution referendum, the SNP campaigned that “Scotland said Yes”, as a majority had voted in favour but it did not reach the threshold of the electorate required.

Having a mechanism where another vote would occur in short order would also be unpopular on the Unionist side. They want this issue to go away, hence the frequent references to statements that the first referendum was supposed to be a “once in a generation” vote.
 

peters

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A second reason is that the Conservative party seems to be turning into an English National Party with little interest in anything in the three other constituents of the United Kingdom. The worry may be that Labour will imitate them, albeit not so drastically, in order to win back votes in its former heartlands.

Apart from dropping the "Whatever the DUP wants, the DUP gets" policy which Theresa May adopted, I don't get that impression. Many other nations are looking at the UK and find it bizarre that Scotland and Wales aren't independent but can have completely different laws and guidance to prevent the spread of COVID, compared to England. The Conservatives even have the Transport Secretary announcing travel restrictions, allowing Wales and Scotland to make their own announcements with travel being devolved, when normally travel restrictions against travel to certain areas/countries come under the Foreign Office's responsibilities and apply UK wide. It also leaves the bizarre situation of people in Scotland last year finding travel restrictions applied to all of Greece and because there was no UK wide advice against travel to all of Greece holiday operators didn't have to issue refunds and travel insurers didn't have to pay out.

Of course the thing about general elections is that they’re general, not about a specific issue. People vote for parties for many reasons.

Someone we know all too well from the last UK general election. Some people tried to claim as both the Conservatives and Labour had policies to take the UK out of the EU that everyone who voted either Conservatives or Labour was now in favour of Brexit.

The example of Catalonia trying it was they had their parliament pass a resolution declaring it. But as we saw from that, no country recognised Catalonia as existing as an independent state and there were repercussions for breaking the rules of the Spanish constitution.

The Spanish situation creates the strange situation where politicians in Madrid are demanding the UK hands back Gibraltar to Spain but politicians in Catalonia are in favour of Gibraltar remaining how it is, as while officially it's a UK territory, the UK generally lets the politicians in Gibraltar decide how Gibraltar should be run and only generally get involved with day to day things when there's disputes with Spain.
 

JamesT

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Apart from dropping the "Whatever the DUP wants, the DUP gets" policy which Theresa May adopted, I don't get that impression. Many other nations are looking at the UK and find it bizarre that Scotland and Wales aren't independent but can have completely different laws and guidance to prevent the spread of COVID, compared to England. The Conservatives even have the Transport Secretary announcing travel restrictions, allowing Wales and Scotland to make their own announcements with travel being devolved, when normally travel restrictions against travel to certain areas/countries come under the Foreign Office's responsibilities and apply UK wide. It also leaves the bizarre situation of people in Scotland last year finding travel restrictions applied to all of Greece and because there was no UK wide advice against travel to all of Greece holiday operators didn't have to issue refunds and travel insurers didn't have to pay out.

It’s not that odd when you consider other countries that are subdivided such as Germany also have their regions making the rules for their own areas. The odd bit is the having a minister that’s part of the UK government responsible for an area that’s devolved, rather than being part of an English government.


Someone we know all too well from the last UK general election. Some people tried to claim as both the Conservatives and Labour had policies to take the UK out of the EU that everyone who voted either Conservatives or Labour was now in favour of Brexit.

That daftness seems to happen on both sides. I’ve seen innumerable charts where the votes of pretty much everyone except the Tories are stacked up to ‘prove’ the majority is against Brexit.

The Spanish situation creates the strange situation where politicians in Madrid are demanding the UK hands back Gibraltar to Spain but politicians in Catalonia are in favour of Gibraltar remaining how it is, as while officially it's a UK territory, the UK generally lets the politicians in Gibraltar decide how Gibraltar should be run and only generally get involved with day to day things when there's disputes with Spain.

The Spanish often like to point at the UN principle of territorial integrity, that the ‘natural’ border of Spain would be one that includes Gibraltar. Funnily enough they don’t seem to be in any hurry to handle over Ceuta and Melilla to Morocco…
 

duncanp

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Are they always voting SNP because they are pro-independence or voting SNP because they agree with their policies on day to day issues like taxation? Personally I think the SNP have better policies on taxation than the Conservatives in Westminster.

This is one of the issues when trying to extrapolate the results of Thursday's election and saying that it gives a mandate for independence.

There may be some people who voted SNP in the election who would vote No in an independence referendum, and likewise some people who voted Conservative/Labour/Liberal Democrat who would vote Yes in an independence referendum.

Ulitimately the question will be decided by whether public opinion in Scotland swings decisively towards independence or remaining the UK over the next few years.

If Nicola Sturgeon wants to be sure of a Yes vote, she needs to have the opinion polls in favour of independence consistently at over 55% for a period of six months to a year.

To do that, she will have to start answering some of the awkward questions about currency, post independence trading arrangements, how much of the UK national debt will Scotland assume responsibility for, will there be a hard border with England... etc. etc. etc
 

HSTEd

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The Spanish often like to point at the UN principle of territorial integrity, that the ‘natural’ border of Spain would be one that includes Gibraltar. Funnily enough they don’t seem to be in any hurry to handle over Ceuta and Melilla to Morocco…

If I was Portugal I would be very worried about the location of that "natural" border, since it just seems to include the entirity of the Iberian peninsula
 

peters

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It’s not that odd when you consider other countries that are subdivided such as Germany also have their regions making the rules for their own areas. The odd bit is the having a minister that’s part of the UK government responsible for an area that’s devolved, rather than being part of an English government.

Germany used data produced by the Robert Koch Institute in deciding which foreign regions were high risk, so while testing/quarantine requirements could vary between regions of Germany there was none of the rubbish we had here with holidays to Greece only being permitted for people living in some parts of the UK.

That daftness seems to happen on both sides. I’ve seen innumerable charts where the votes of pretty much everyone except the Tories are stacked up to ‘prove’ the majority is against Brexit.

The only election where Brexit can be considered the main factor is the European elections that we shouldn't have even been part of but we had to take part in because Brexit was delayed. There most pro-leave people voted Brexit Party and most pro-remain people voted either Lib Dem or Green, with the Conservatives and Labour getting very few votes.

The Spanish often like to point at the UN principle of territorial integrity, that the ‘natural’ border of Spain would be one that includes Gibraltar. Funnily enough they don’t seem to be in any hurry to handle over Ceuta and Melilla to Morocco…

You also can't really say there's a 'natural' border between Spain and Portugal. I guess they also don't think it applies to islands given the Canaries are really off the coast of Africa, not off the coast of Iberia.

To do that, she will have to start answering some of the awkward questions about currency, post independence trading arrangements, how much of the UK national debt will Scotland assume responsibility for, will there be a hard border with England... etc. etc. etc

With the long term Northern Ireland situation being uncertain that complicates things. At present if an independent Scotland joined the EU that would make trading between Scotland and Northern Ireland easier and trading between England and Scotland harder. However, if Northern Ireland gets removed from the customs union then it would make trading hard for an independent Scotland in the EU.
 

Butts

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The gold was needed because Scotland was bankrupt. Why else join England and Wales ?The Scottish Govt. simply made a bad atempt at empire building and suffered the consequences.
From an English perspective I can see only positives if Scotland leaves us - we will still trade and visit - but possibly having a failed state next door would be a problem.

The famous Darien Disaster..............

For Balance it should be noted that it was mainly Scots and a few Irish that ran the "English Empire" for them on joining the club
 

peters

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For Balance it should be noted that it was mainly Scots and a few Irish that ran the "English Empire" for them on joining the club

Which wasn't all bad for the Scots - look at how many places in Canada have Scottish names and I understand today Canada has more Scottish Gaelic speakers than Scotland.
 

adrock1976

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On the subject of Scottish independence, I do recall reading a news item online in the run up to the 2014 referendum that should if Scotland votes in favour of independence, then Shetland may become independent from Scotland.

This is something that the SNP have been quiet on.
 

317 forever

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All the countries of this Kingdom share one important unifying factor - the appreciation of a good cooked breakfast !
Also, something controversial but true is that England, Scotland and Wales have something else significant in common. Not that they are all served by Cross Country trains (although they all are). No, what I mean is that all 3 countries have the Conservatives within their top 2 choices of party to vote for. :lol:
 

Butts

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Which wasn't all bad for the Scots - look at how many places in Canada have Scottish names and I understand today Canada has more Scottish Gaelic speakers than Scotland.

There are hardly any in Scotland and even fewer in Canada - where did you get that ditty from ?

It wouldn't surprise me if there are more Polish than Gaelic Speakers in Scotland.

With a much smaller population there are certainly more Welsh residents who are native in their mother tongue.

I didn't say it was at all bad....Australia and New Zealand have plenty to.

On the subject of Scottish independence, I do recall reading a news item online in the run up to the 2014 referendum that should if Scotland votes in favour of independence, then Shetland may become independent from Scotland.

This is something that the SNP have been quiet on.

How are they going to achieve that ?
 

yorksrob

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Also, something controversial but true is that England, Scotland and Wales have something else significant in common. Not that they are all served by Cross Country trains (although they all are). No, what I mean is that all 3 countries have the Conservatives within their top 2 choices of party to vote for. :lol:

Possibly true.

I still think the breakfast point is more important though :lol:
 

Butts

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Possibly true.

I still think the breakfast point is more important though :lol:

Which one is the best though ?

I'd have to go for ours purely on the haggis / black pudding combo found in none of the others.

However I'll have a proper (or link as we call it) rather than our square sausage, and I like your kidneys although rarely offered these days.
 

peters

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There are hardly any in Scotland and even fewer in Canada - where did you get that ditty from ?

It was something BBC did a report on a few years back. If it wasn't higher total number of speakers, it may have been somewhere in Canada has the highest number of Scottish Gaelic speakers, whatever it was they were making out in one part of Canada there's more Scottish Gaelic being spoken than in Scotland.
 

yorksrob

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Which one is the best though ?

I'd have to go for ours purely on the haggis / black pudding combo found in none of the others.

However I'll have a proper (or link as we call it) rather than our square sausage, and I like your kidneys although rarely offered these days.

I must admit, before I gave up red meat, I was very fond of haggis !
 

XAM2175

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I do recall reading a news item online in the run up to the 2014 referendum that should if Scotland votes in favour of independence, then Shetland may become independent from Scotland.

There is a small pressure group in Shetland advocating in favour of becoming either a Crown Dependency or a British Overseas Territory that recently moved a motion through the Shetland Islands Council calling for it to explore options for "financial and political self-determination". This motion was supported strongly by Iain Martin, who was formerly editor of The Scotsman, is a long-term critic of the SNP, and is a staunch opponent of Scottish independence.

Weirdly, literally every time I've seen the topic of Shetland independence raised in discussion - with perhaps the exception of this time now - it has been in the form of unionist whataboutery.

I would also note that the results from last Thursday show in the constituency vote in Shetland a swing of 18.8 points away from the Lib Dems and a swing of 18.8 points to the SNP. The Lib Dems held the seat by only 806 votes, compared their lead of 4895 votes in 2016.

In the list vote for Shetland (broken out of the H&I region) there was a swing of 9 points away from the Lib Dems and a swing of 8.2 points to the SNP, meaning that the SNP lead the list vote by 951 votes this time compared to trailing the Lib Dems by 1005 in 2016.
 

yorksrob

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You can get vegetarian haggis - not as good but palatable.

I would certainly give it a try !

I would also like to try the vegetarian black pudding, but have never seen it available anywhere.
 

GusB

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The people of Shetland have as much right to self-determination as anyone else does, if they so desire.
 

Gloster

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I would also like to try the vegetarian black pudding, but have never seen it available anywhere.
I have tried it. The only similarity with black pudding (never much liked by me, anyway) was that it was black. I think it was one of those vegan/vegetarian foods that have no similarities with what they are supposed to be replacing other than appearance. This was some years ago, so they may have improved since.

I’ll stop now before I get another telling off from the mods from going off subject. If anybody wants to follow this up, best start a new thread.
 

yorksrob

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I have tried it. The only similarity with black pudding (never much liked by me, anyway) was that it was black. I think it was one of those vegan/vegetarian foods that have no similarities with what they are supposed to be replacing other than appearance. This was some years ago, so they may have improved since.

I’ll stop now before I get another telling off from the mods from going off subject. If anybody wants to follow this up, best start a new thread.

It can't be any worse than the vegan "fried egg" I tried. Fortunately I'm not a vegan, so can have real eggs.

Anyhow, apologies for going off topic. I've slapped my wrist.
 

XAM2175

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This is one of the various reasons I argue for progressive federalism for Great Britain, with all elections having a proportional representation voting system so as to avoid as much disenfranchisement as possible.

For England in particular, regional governments could be based on the former European Parliament constituencies, also with the former two tier local district (or met) councils and their respective county councils too.
... Therefore, the best thing in my opinion to do before even considering holding a referendum, is to see if all reasonable accommodations could be given before a referendum. In Britain and Spain, the answer is undoubtedly a federal philosophy based on the United States ...
... constitutional reform, cultural celebration or economic balancing are all effective solutions against Scottish independence. I’d say, until all possible and reasonable steps to accommodate the succeeding country have been exhausted and Nationalist sentiment still hasn’t subsided, then a referendum shouldn’t be considered. ...
The notion of a federal settlement for the UK is one I often see mentioned, and one that I previously supported. My enthusiasm has, however, waned considerably because I cannot see a satisfactory resolution to a number of points:
  1. A federal settlement would need a defined split of powers between the federal parliament and the party states. It will be necessary to agree on which powers and responsibilities are given to the states, noting that in all the federal systems I know off the top of my head the party states have powers far exceeding those currently available to Scotland, Wales, and NI.
  2. A federal settlement would also need to include compensatory mechanisms accounting for differences in population between party states. In the US, Canadian, and Australian systems (the latter two of which are most relevant, being Westminster-style parliaments) the primary adjustment is in the apportionment of the Senate. In the Australian system in particular (as it's the one with which I'm most familiar), each federal state elects 12 senators regardless of population, while the two autonomous internal territories each elect two senators. If you apply this model to the UK's current structure with the four home nations, you would have England, Scotland, Wales, and Northern Ireland all elect the same number of senators - which would make an NI senate vote roughly five times more powerful than a Scottish senate vote, and the Scottish vote would itself be roughly ten times more powerful than one in England. Since this will almost certainly be viewed unfavourably in many quarters, the alternative is often given as establishment of a number of English federal regions - but if these regions receive the same number of senators as Scotland and the other nations do, it will be viewed as treating the other nations as though they too were nothing more than regions of England. Would it then be workable if the English regions received a smaller set of powers and a correspondingly-reduced quota of senators? Or is there another method of apportionment that would be generally acceptable?
  3. Assuming it's possible to find a generally-acceptable structure that manages to mostly resolve the prior two points, it's reasonable to assume that the structure will need to go to referendum in each of the current home nations before being enacted. What will be done if it is approved in some of the nations, but not all?
  4. If the structure is approved it will need to be drafted as a constitution bill to be passed by the UK Parliament - but the principle of parliamentary sovereignty prevents one parliament binding a future parliament, meaning that the constitution as enacted could be unilaterally amended whenever parliament so desires. How are the people to made to feel comfortable that this won't happen?
And with particular reference to the present circumstances in Scotland - when is any of this to happen? Are we to expect a massive change of heart from the current government? Or should we simply sit quietly and patiently being seen and not heard until some time in the future when a more-accommodating government is elected?

Referendum questions/topics that affect the whole of the UK should only be revisited after a minimum of 20 years has passed ("Once in a lifetime" as was the case for the Scottish independence referendum in 2014).
I don't consider it to be acceptable for those terms to be, in effect, dictated to voters in Scotland because it is an abridgement of the right to self-determination. If a Scottish government is validly elected with a manifesto commitment of offering another referendum I view it as having a legitimate mandate to do just that - and further I would suggest that if it becomes a majority sentiment in Scotland that further referendums are tiresome then parties offering to call them will cease to be elected.

I would note too that the only referendum topic to ever be given a statutory "no-return" period in the UK is that of Irish reunification; for which the no-return period is seven years.

The precedent set by other states, and by the progression to independence of the Dominions, is that the appropriate democratic mechanism would be a majority in the House of Commons of the United Kingdom.
As you yourself say - this is the progression to independence taken by the former Crown Dominions, and indeed also the various Crown Colonies and Dependent Territories. Is this the fullest extent of the status that Scotland is accorded in the union?

It's also interesting to note that previous governments were really quite generous in disposing of the various peripheral realms. Australia's path to independence was so effortless that it just kind of... happened... in the background, and so too was Canada's - to the extent that years later both countries had to ask Westminster to actually do the paperwork to make it all official (in 1986 and 1982, respectively).

On this point too I ask - when is any of this to happen for Scotland? If we're to wait until a future UK government decides it's time to get serious, it will in effect make Scottish self-determination entirely dependent on the whims of the English electorate.

Are they always voting SNP because they are pro-independence or voting SNP because they agree with their policies on day to day issues like taxation? Personally I think the SNP have better policies on taxation than the Conservatives in Westminster.
This is one of the issues when trying to extrapolate the results of Thursday's election and saying that it gives a mandate for independence.

There may be some people who voted SNP in the election who would vote No in an independence referendum, and likewise some people who voted Conservative/Labour/Liberal Democrat who would vote Yes in an independence referendum.
Yes, these are valid points - it is always difficult to make meaningful estimation of support for any one commitment picked out of a party's manifesto. Given, however, that the SNP have made no secret of the fact that another referendum would be sought I think it has to be read that every single SNP (and also Green) voter on Thursday is at the very least not opposed to the holding of another referendum, even if their intent is to vote against independence at that time.
 
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Sad Sprinter

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The notion of a federal settlement for the UK is one I often see mentioned, and one that I previously supported. My enthusiasm has, however, waned considerably because I cannot see a satisfactory resolution to a number of points:
  1. A federal settlement would need a defined split of powers between the federal parliament and the party states. It will be necessary to agree on which powers and responsibilities are given to the states, noting that in all the federal systems I know off the top of my head the party states have powers far exceeding those currently available to Scotland, Wales, and NI.

I agree but this needs to be done anyway with devolution. There has been no real agreement since the establishment of the devolved Parliaments which resulted in the god-awful power grab between London and Cardiff/Edinburgh last year. Perhaps if there was a more clear and defined relationship, there would be less mistrust and greater respect between the Parliaments.

  1. A federal settlement would also need to include compensatory mechanisms accounting for differences in population between party states. In the US, Canadian, and Australian systems (the latter two of which are most relevant, being Westminster-style parliaments) the primary adjustment is in the apportionment of the Senate. In the Australian system in particular (as it's the one with which I'm most familiar), each federal state elects 12 senators regardless of population, while the two autonomous internal territories each elect two senators. If you apply this model to the UK's current structure with the four home nations, you would have England, Scotland, Wales, and Northern Ireland all elect the same number of senators - which would make an NI senate vote roughly five times more powerful than a Scottish senate vote, and the Scottish vote would itself be roughly ten times more powerful than one in England. Since this will almost certainly be viewed unfavourably in many quarters, the alternative is often given as establishment of a number of English federal regions - but if these regions receive the same number of senators as Scotland and the other nations do, it will be viewed as treating the other nations as though they too were nothing more than regions of England. Would it then be workable if the English regions received a smaller set of powers and a correspondingly-reduced quota of senators? Or is there another method of apportionment that would be generally acceptable?

This is a problem I agree. One solution I believe would be to create an English Parliament without London (which would become our version on Washington DC i.e neutral territory) and simply have leglislation debated within the home parliaments themselves rather than appoint Senators in the Lords. This would be more appropiate anyway, considering the constituent parts of the UK are nations not states and would give a clearer sense of 'control' in the home nations of Westminster law. Plus, if UK law was passed on the basis of the devolved parliaments themselves agreeing as a block vote, it remove the need to appoint an awkward number of Senators based on population.

    1. Assuming it's possible to find a generally-acceptable structure that manages to mostly resolve the prior two points, it's reasonable to assume that the structure will need to go to referendum in each of the current home nations before being enacted. What will be done if it is approved in some of the nations, but not all?

You could probably get away without it. Obviously, you would need a referendum on establishing an English Parliament, but I think that would just hasten calls for a seperate Yorkshire parliament or even nation and possibly a seperate Parliament for Cornwall. Even if a referendum for an English parliament is rejected, you'd just have to go down the road of trying to create appointed Senators, which I don't think would require a referendum.

    1. If the structure is approved it will need to be drafted as a constitution bill to be passed by the UK Parliament - but the principle of parliamentary sovereignty prevents one parliament binding a future parliament, meaning that the constitution as enacted could be unilaterally amended whenever parliament so desires. How are the people to made to feel comfortable that this won't happen?

I think the issue of keeping the UK intact would require a solution to this problem. Not a great answer I know, but if a new constitution fails due to Parliamentary Soverignty, it would be a case of the tail wagging the dog.

  • And with particular reference to the present circumstances in Scotland - when is any of this to happen? Are we to expect a massive change of heart from the current government? Or should we simply sit quietly and patiently being seen and not heard until some time in the future when a more-accommodating government is elected?



Good question-I think that the Tories are going to need to play the Federalism card pretty soon. It'll be the only thing that could really derail the nationalist campaign in a second referendum.
 

d9009alycidon

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Although I agree that the 2014 referendum should have put the matter to sleep for a generation, Brexit changed that. My opinion (as a non-Scot) is that what the Scots voted to retain in 2014 was very different to what they have now and it is reasonable to pose the question again. One would hope that the lessons of previous referendums will have been learned, and the pros and cons clearly laid out. If the result is Remain, then that should be it for another generation, barring a second seismic shift.

A second reason is that the Conservative party seems to be turning into an English National Party with little interest in anything in the three other constituents of the United Kingdom. The worry may be that Labour will imitate them, albeit not so drastically, in order to win back votes in its former heartlands.
This sums it up for me. When I was young I was very much pro SNP and pro Independence, but that was back when there was a reasonable chance that we could sustain our position backed with oil revenues. As a much older and hopefully wiser person I have no truck with it whatsoever and I sincerely hope that the pro-remain campaigners get the message out strongly and clearly that Scotland will be an economic disaster if we went alone. Sturgeon has not explained at all what would happen if the Yes vote wins, there is no plan for the economy without the massive backing from the Barnet formula income source, it has been shown that the tax base is way short of what is required to sustain government spending. Indeed we don't know on what basis the monetary policy will be structured, last time it was suggested that we would remain with the pound and tied to the Bank of England, hardly independence as the Scottish Government would need to toe the Westminster/BoE line on interest rates etc. No plans for defence, apart from the immediate removal of all nuclear bases from Scotland, resulting in a loss of jobs and economic hardship for the areas around them. Much of the SNPs plan depends on gaining membership of the EU, which will likely taken many years and if it happens will be on Brussels terms and conditions, much less favourable than before and with all the issues that are starting to be seen in Ireland regarding borders. This all needs to be clearly spelt out to the voters before the referendum, I just hope independence does not happen
 
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