Category Archives: Wales

UPDATED DIFFERENCES IN UK GOVERNMENT FUNDING BETWEEN THE NATIONS OF THE UK


THE UPDATED DIFFERENCES IN UK GOVERNMENT FUNDING BETWEEN THE NATIONS OF THE UK

Back in 2009 the cross-bench independent House of Lords Committee enquiring into the Barnett Formula funding allocation system reported that England was subsidising Scotland, Wales and Northern Ireland to the tune of £49 billion a year. 

Here is a link to that report >>> The Barnett Formula Report with Evidence published 17 July 2009

https://publications.parliament.uk/pa/ld200809/ldselect/ldbarnett/139/139.pdf

Given the years that have passed since I think it is worth reviewing what public spending is now in the 3 different Nations and in the Province of the United Kingdom. Here are the figures:-

THE PROVINCE OF NORTHERN IRELAND

Population 1.9 million

Public spending per head £14,018 (approx. £14,263 after deal)

Social security 43 per cent: local politicians effectively refused to approve benefit cuts in 2015 and received a £585 million package to soften the blow over four years

Health 19 per cent: funding cuts for GPs have forced some frontline services to be withdrawn and over 6,500 patients waited over 12 hours in A&E last year

Education 13 per cent: Northern Irish pupils are the highest performing in Europe at primary level for maths but a third of GCSE entrants do not achieve five A*-C grades

Public sector workers 25.2 per cent

Private sector workers 74.8 per cent

THE NATION OF ENGLAND

Population 55 million

Public spending per head £11,297

Social security 45 per cent: cuts to benefits have failed to offset the spiralling cost of pensions, which under the DUP deal will still be protected by the triple lock

Health 24 per cent: the Red Cross warned in January that NHS England faced a “humanitarian crisis” amid chronic bed and staff shortages and long waits for care

Education 14 per cent: Many schools are facing real-terms budget cuts under the government’s new funding formula and last year the number of A*-C grades at GCSE saw its sharpest decline since 1998

Public sector workers 17 per cent

Private sector workers 83 per cent

THE NATION OF SCOTLAND

Population 5.4 million

Public spending per head £13,054

Social security 41 per cent: legislation to give the Scottish government control over 11 benefits has been introduced in Holyrood, which the SNP hopes will ease Westminster cuts

Health 21 per cent: only 5 per cent of A&E patients wait more than four hours despite a staffing shortfall and £100 million bill for locum doctors

Education 13 per cent: literacy and numeracy rates have declined or flatlined since 2012 but fewer pupils are leaving school with no qualifications

Public sector workers 21 per cent

Private sector workers 79 per cent

THE NATION OF WALES

Population 3.1 million

Public spending per head £12,531

Social security 46 per cent: Wales’s population is the most deprived in the UK

Health 21 per cent: the Welsh NHS has repeatedly missed targets despite high investment and is suffering from a shortage of full-time nurses

Education 13 per cent: Welsh students score lowest in the UK for science, reading and maths and Carwyn Jones, the first minister, says that the country’s schools are “crumbling”

Public sector workers 20.8 per cent

Private sector workers 79.2 per cent

These figures do clearly show the effect of England’s subsidy to Scotland, Wales and Northern Ireland. They have more public sector spending on every man, woman and child and they also have a higher level of State employment. All of that is dependent upon the English taxpayer.

It should also be noted that these figures do not include capital spending and that is split in the same sort of way which explains why Scottish, Welsh and Northern Irish politicians are so keen on HS2, since as a result of that money being spent in England, they will get extra windfalls of tens of billions of pounds of English taxpayers’ money!

So far as Ulster is concerned, Theresa May’s DUP deal is the latest subsidy windfall for a Province long reliant on the English taxpayer.

As the Times recently put it:-

“The £1.5 billion price tag for the DUP’s confidence and supply deal — equivalent to an extra £530 for every resident of Northern Ireland — has caused raised eyebrows at Westminster and across the rest of the UK.

But in one respect the windfall is nothing new: The Province of Northern Ireland has long received the most generous funding of any region.

Despite its population of just 1.9 million, public spending per person is higher in the province than anywhere else in the UK: £14,042, according to the Office for National Statistics.

Almost a third (27.4 per cent) of the Northern Irish workforce is employed by the public sector, compared to just 17 per cent across the UK as a whole. Tuition fees remain heavily subsidised and prescriptions are free, as is domestic water. Unlike the other devolved administrations, Northern Ireland runs its own social security system but the money flows directly from the Treasury.

This high public spending and low tax revenues means Stormont’s budget deficit — £9.6 billion in 2014 — is equal to a third of Northern Ireland’s total economic output.

Though that figure is vastly higher than most other developed economies, Northern Ireland defies easy comparison for one very obvious reason: “the Troubles”.

As DUP chief whip Sir Jeffrey Donaldson pointed out last week, decades of conflict have posed huge structural challenges for its economy. Resolving the Troubles has in practice meant the Exchequer alone footing the bill in the absence of significant inward investment from the private sector.

Keen to preserve the delicate constitutional settlement at Stormont, Westminster effectively allowed local politicians to refuse to implement the worst cuts in the coalition years. Not for nothing did the Northern Irish historian John Bew say: “The only thing that unites Northern Ireland’s parties is the way they hold out their hands for money. It’s the SNP on crack.”

Though it is hoped that a planned reduction in Northern Ireland’s corporation tax rate to 12.5 per cent next year – in line with the Republic – will help rectify the imbalance in public and private spending, the DUP deal means a long history of state subsidy will continue.”


Interview about how devolution is developing in the UK


Interview about how devolution is developing in the UK


For all those who are interested in the future of the UK there was an important interview on BBC Sunday Politics for Wales on 17th September 2017 with the RT Hon David Jones MP. Mr Jones is the Conservative MP for Clwyd West and is a former Secretary of State for Wales and a former Brexit Minister. The interview was interviewing about the way devolution is developing in the UK:-

I think it would be a good exercise for anyone interested in UK politics to listen to this and to say who in the British Government or in the devolved Governments is standing up for England? 

Here is a video of that interview:- https://youtu.be/fgO8dpPNHGM

And here is a full transcript of the interview:-

BBC Inteviewer:-

“During his role as Brexit Minister (David Jones) worked with the Welsh Government. Now Carwyn Jones is unhappy that when powers over devolved areas like agriculture return from Brussels they will initially stay in Westminster rather than pass straight to Cardiff Bay.”

David Jones:-

“Devolution was established after Britain became a member of the European Community and then the European Union, so all the powers that were devolved to the Welsh Assembly and the Welsh Assembly Government were in the context of that European membership. Now we have to replace, for example, the common agriculture policy which is currently exercised at an EU level with something else which I would suggest in the interest of Wales as much as every other part of the UK should be under a UK-wide framework and that is not simply me saying that, that is what in fact the Farming Unions themselves are saying. They acknowledge that we do need a UK-wide framework for devolution.”

BBC Interviewer:-

“But isn’t there a problem there that there was a referendum in 2011. You were in the Wales office at the time which asked the Welsh people who should be responsible for those laws in the devolved areas quite explicitly saying without needing the UK Parliament’s permission and the Welsh people said yes it should be the Assembly. You could argue that you are going against that now.”

David Jones:-

“Well you could argue that but I think it would be wrong because of course that pre-dates the EU Referendum which of course changed the rules of the game completely I think.”

BBC Interviewer:-

“But it is still a devolved field isn’t it? Agriculture for example is still a devolved area?”

David Jones:-

“It is a devolved area and in fact none of the powers that are currently being exercised at the Welsh level will be taken away and indeed the Government has said that probably more powers will pass down and I think that rather again being a dog in the manger it would be really useful if Carwyn Jones would sit down and try to agree with the UK Government where those powers should be divided and where the competencies should lie. That is grown up politics and he actually knows that at the end of the day that is what going to happen anyway.”

BBC Interviewer:-

“You were saying for example on an agricultural framework for the UK that that should be decided at a UK level because otherwise there could be a race to the bottom. You were saying. Why would that happen?”

David Jones:-

“Well because for example in Scotland you might have a different framework developing that would be in Welsh terms unfairly favourable towards Scottish farmers. You have got to remember that the United Kingdom although it is a large economy it is a fairly small geographical area and distortions in the various parts of the UK can have a disproportionate effect upon other parts of the UK. Thankfully we are not proposing anything that doesn’t reflect the current status quo. In other words certain competencies are exercised as a UK level or as a EU level and others are exercised at a local level and the Government has said once the holding pattern has finished it is very probable that the Welsh Government will have more competence but we have got to work out where the correct division of powers lie.”

BBC Interviewer:-

“But no sensible government within the UK, none of the sensible Governments of the UK would want any sort of trade war within the United Kingdom because that is a nobodies interest”

David Jones:-

“I think we have to recognise that the various Governments within the UK are all of a completely different political complexity!”

BBC Interviewer:-

But they want what’s best for each individual country.

David Jones:-

That is exactly the point. For each individual country but not necessarily what is best for the UK as a whole.
 

So what do you make of that? Who in the British Political Establishment is standing up for English interests?

ENGLAND AND WALES: IS IT TIME TO SPLIT THE LEGAL SYSTEM?


ENGLAND AND WALES: IS IT TIME TO SPLIT THE LEGAL SYSTEM?

I recently wrote an article about the above for publication on the Institute for Welsh Affairs’ website “Click on Wales”. It was published slightly amended here >>> England and Wales: is it time to split the legal system? – Click on Wales

http://www.iwa.wales/click/2017/03/england-wales-time-split-legal-system/

Here is my full original article:-

ENGLAND AND WALES – TIME TO SPLIT THE LEGAL SYSTEM?

There are now beginning to be moves afoot to split the unitary “jurisdiction” of England and Wales into two separate national jurisdictions.

In many ways such a split is not as radical a move as it might seem, bearing in mind that there are already separate jurisdictions in Scotland; in Northern Ireland; in the Isle of Man and in the Channel Isles with different Judges, procedures and often different substantive legal rules. Separate jurisdictions do not necessarily cause much practical difficulty in dealing with either civil matters or criminal matters. What it does however mean is that there would be separate legal professions.

Furthermore, even outside the Commonwealth, jurisdictions like Southern Ireland have relatively similar rules.

The jurisdictions of Canada, Australia, New Zealand and quite a few others of the old Empire/Commonwealth are similar to. There are also often less differences between their legal systems and the English/Welsh legal system than there is with the Roman Law based jurisdiction in Scotland.

It is more difficult to deal with continental European systems since they are not based on Common Law principles but rather on civil law codes deriving from Roman Law, with substantively different legal rules and often dramatically different legal procedures!

My interest in the splitting of the current unitary jurisdiction of “England and Wales” into two national ones was first raised by a discussion that I had some months ago with a senior Welsh Judge who said that he wants to see a split.

Then, just before Christmas, the Law Society Gazette had an article called in the printed version “A bridge too far” talking about splitting the jurisdictions. The on-line edition was called: English solicitors ‘could pay extra to practise in Wales’. (It can be found here >>> https://www.lawgazette.co.uk/law/english-solicitors-could-pay-extra-to-practise-in-wales/5059013.article)

Increasingly the Welsh Parliament/Senedd are legislating for Wales, in a way that is different than the legislation for England. There will therefore come a time very soon when it no longer makes sense to have a single jurisdiction.

Putting my hat on as Chairman of the English Democrats rather than as a solicitor I would also welcome separation of the jurisdictions as being an important step in the direction of Independence between our two Nations. In our modern world there is no reason why our two separate Nations should be constrained into the same grossly expensive and inefficient, grandiose and extravagant UK State!

If I were a Welsh solicitor or barrister I would be optimistic about the prospects of a successful separate Welsh Jurisdiction.

As long as the Welsh Government could be persuaded to reduce the currently absolutely ridiculous level of court fees, by which the British Government has been exploiting litigants in the “England and Wales” jurisdiction there would be real benefits.

The Welsh Government would then have the right to run its own Legal Aid scheme. This could be more like the successful Scottish one and less like the unfair disaster that the “British” Government has created.

It should also be pointed out that the Welsh Government ought to want to take-over the judicial appointments system, which in England and Wales is currently very politicised.

Judges here are currently appointed and promoted by the Judicial Appointments Commission. The JAC was set up by Lord Derry Irvine, when he was Tony Blair’s Lord Chancellor, which he publically boasted would prevent the appointment or promotion of “those with reactionary views”. This aim might appeal to you or repulse you depending on which side you stand on politically, but what cannot be denied is that this is an expressly political criterion for the appointment of Judges. It is wholly inappropriate to getting the best lawyers appointed as Judges. It is also contrary to providing the best service to those who use the court system!

Far from being a problem the separate jurisdictions could make the Welsh jurisdiction very attractive and might lead to many businesses having a Welsh-only legal jurisdiction clause in commercial contracts since there would be less expense and less delay and perhaps a better selection of sensible Welsh Judges.

Also from an economic point of view the current arrangements are clearly not working very well for Welsh lawyers as it appears that fees in Wales are dramatically lower than those in England.

A separate and overhauled and sensibly rationalised completely Welsh legal system could well be much more competitive with the English jurisdiction and provide a boost not only to Welsh lawyers but also to the Welsh economy.

As the Gazette article says:- “The buildings are all here (in Wales), the judges are all here. More is spent per head in England,’ said Hughes. ‘At the moment Wales is not gaining [in terms of] access to justice. SMEs in Wales are subsidising multi-million-pound litigation between oligarchs in London. That does nothing for the community in Wales – the fees are not coming back.’

A legally independent Wales would be able to do ‘imaginative’ things to enhance access, Hughes suggested, such as introduce a contingency legal aid fund. ‘Wales would not be a particularly small common law jurisdiction. If it were a US state, 20 [states] would be smaller,’ he added.

‘The problems of the Wales bill are largely to do with the mania for preserving a fused jurisdiction,’ said Hughes. ‘But the bill is a con. It is not a reserved powers model on any sensible understanding. There is a presumption against competence in private law.

’Since our pamphlet came out the Assembly has come out in support of a separate jurisdiction and the Welsh government is using the arguments we put forward – both economic and constitutional.’

As both an English Solicitor and also as the Chairman of the English Democrats, I welcome these moves. Also if any reader in Wales supports a separate Welsh legal system then I would urge them to write to their Assembly Members and MP to lobby them to support a separate legal system. Do not forget also to write in to Barrister David Hughes, of 30 Park Place Chambers in Cardiff, supporting him as well!

SHOULDN’T DEVO SAUCE FOR THE WELSH GOOSE BE SAUCE FOR THE ENGLISH GANDER TOO?

SHOULDN’T DEVO SAUCE FOR THE WELSH GOOSE BE SAUCE FOR THE ENGLISH GANDER TOO?

The devolved Welsh Government has submitted written arguments to the “Supreme” Court in the Brexit case. My eye was caught by part of their submissions:-

“6. As the Welsh Government recently said in its written evidence to the House of Lords Constitution Committee’s inquiry The Union and devolution, devolution has become a fundamental and effectively irreversible feature of the constitution:

(i) Whatever its historical origins, the United Kingdom is best seen now as a voluntary association of nations which share and redistribute resources and risks between us to our mutual benefit and to advance our common interests.

(ii) The principles underpinning devolution should be recognised as fundamental to the UK constitution, and the devolved institutions should be regarded as effectively permanent features of that constitution.

(iii) Devolution is about how the UK is collectively governed, by four administrations which are not in a hierarchical relationship one to another. The relations of the four governments of the United Kingdom should therefore proceed on the basis of mutual respect and parity of esteem.

(iv) The allocation of legislative and executive functions between central UK institutions and devolved institutions should be based on the concept of subsidiarity, acknowledging popular sovereignty in each part of the UK.

(v) The presumption should therefore be that the devolved institutions will have responsibility for matters distinctively affecting their nations. Accordingly, the powers of the devolved institutions should be defined by the listing of those matters which it is agreed should, for our mutual benefit, be for Westminster, all other matters being (in the case of Wales) the responsibility of the Assembly and/or the Welsh Government.”


The whole of their submissions to the “Supreme” Court can be found here >>> http://gov.wales/docs/dfm/minutes/cabinet/161125counselgeneralforwalesprintedcaseen.pdf

It is however bitterly ironic that the ‘Counsel General for Wales’ then makes no mention throughout his 28 pages of legal submissions of the dreaded “E” words – ENGLAND or the ENGLISH! 

He also switches hastily to legalistic detail instead of further general statements of constitution principle. 

I suspect that this is because the above quotation would lead naturally to a discussion of fairness, equality and the unfair anomaly that England has no English First Minister, no English Government and no English only Parliament – unlike Scotland, Wales and Northern Ireland!

The value of English subsidies to Wales

The value of English subsidies to Wales


On Monday, 12th December, I was invited by the Law Society of England and Wales to a reception in the House of Lords to celebrate the 100th anniversary of the beginning of the Prime Ministerial Office of a famous solicitor – David Lloyd George (cue lots of jokes about whose father or grandfather “knew” Lloyd George!)

It did however give me an opportunity to talk with various interesting people including a Welsh law professor who candidly said to me that he felt that the Union of the United Kingdom was well worth keeping for Wales solely because the Welsh needed English subsidies!

The learned professor also made clear that he felt that without English money the Welsh standard of living would be drastically reduced.

I agreed with him about the standard of living, but naturally politely avoided agreeing with him about the merits of the Union!

I wonder if, looked at the other way around, how many English people would say that paying subsidies to Wales is of benefit to us English?

Here is a detailed paper bythe Welsh Assemblyon this >>> http://www.assembly.wales/NAfW%20Documents/09-012.pdf%20-%2026032009/09-012-English.pdf

What do you think?

Secretary of State for Wales highlights that MPs in charge of English Departments need to be English

Secretary of State for Wales highlights that MPs in charge of English Departments need to be English 



On the 6th August the Secretary of State for Wales, the Right Honourable Alun Cairns MP, released a statement about how proud he felt about Welsh athletes being involved in the Rio Olympics.

It seems that he could not help but put his national identity ‘Welsh’ above his British one. He stated:-

As the 2016 Rio Olympics get under way today, I want to wish all of our Welsh competitors the very best of luck. As a team of 24, this is the highest number of athletes that has represented Wales for an overseas Olympics. It’s also the first time that there are more women than men in the squad. 

These men and women will be ambassadors for athletics and Wales and are going to fill us with pride in the same way that Ashley Williams and the Welsh football team did during the Euro 2016 tournament. 


The whole nation is behind our athletes, and I’m confident their hard work and dedication will deliver results. Pob lwc i gyd. 



The reason why his words are so damaging to the much vaunted unity of the UK is that we English now know that his first loyalty isn’t to the United Kingdom but to Wales. This should instantly rule him out of taking on any other role in the British government. It is obvious that his loyalties would be questionable if he was called upon to make a decision that ought to be to Welsh detriment, but to England’s advantage.

 
It is a serious breach because a British government cabinet member has wished his Welsh countrymen luck in sport above the English, Scottish and the Northern Irish. That goes action goes against the Act of Union 1707 which stated “United into One Kingdom by the Name of Great Britain’ because the Olympics is a United Kingdom event not a Welsh event.
 

Alun Cairns’ words show that he treats his role in England no differently than a British Colonial District Officer treated overseas colonial possessions. Everyone now knows it is Wales first for him. 

He is involved in decisions that affect England whilst clearly his loyalty is solely to Wales. How many other Welsh MPs have the same loyalty as him? 

His statement is damaging to the concept of British government because the English can no longer trust that they will be treated equally by Welsh MPs working for the British government. 

Only English MPs should be in charge of English government departments!

What is the British Government’s role in "Planning"?

Bicester Highh Street


What is the British Government’s role in “Planning”?


As a practicing solicitor I am sent various legal magazines and periodicals, one of the more interesting of which is the Solicitors Journal and in the most recent edition there is the article the introduction of which appears below.

I thought it worth reproducing it because it demonstrates vividly that it is only in England now that the British Government has unfettered rights to govern the English.

In Scotland, Wales and Northern Ireland, they have their own separate governments with an array of different powers. If we had our own government and parliament we wouldn’t have had to put up with the announcement made recently that the Government is now proposing to give “Planning” Permission to build a huge housing development under the spurious headlines of “Garden City” around the Oxfordshire market town of Bicester, concreting over and spoiling yet another part of England. 

http://www.bbc.co.uk/news/uk-england-oxfordshire-30290505

Our lack of self-governance has real consequences for real people and for the future of our country!

The sooner we get rid of that antiquated and wasteful monstrosity known as the British Government, the better!

Here is the header of the article. What do you think?
 

Planning in Wales

Julian Boswall and Stephen Humphreys discuss the EIA directive and green belt policy


The launch of the Planning (Wales) Bill puts Wales on an irrevocable course towards an entirely separate planning regime akin to the system in Scotland. As part of this process, some interesting ideas are being rediscovered, varied and newly minted. The community infrastructure levy (CIL) has made the first of what is likely to be many forays into court, and those old stalwarts, green belt policy and environmental impact assessment (EIA), have also been the subjects of important decisions.

Here is the original link>>> http://www.solicitorsjournal.com/property/land/planning-wales

Is England "Better Together" in the UK? Some Fiscal Facts.

Here are the latest British official estimates of the tax raised in each of the three ‘home’ nations and province to the end of the 2012/13 financial year.

These figures should not be treated as exact to the last million because there are difficulties in allocating revenue to particular parts of the UK, for example, with corporation tax, but they are broadly indicative of what each country collects in tax. 

There are two sets of figures to show the differences when oil and gas is allocated on a geographical and a population basis.


Table 1 Total HMRC Receipts (Geographical Split of North Sea Revenues), £m 2012-13

UK                England    %           Wales      %       Scotland   %        Northern Ireland %
469,777   400,659 85.3%    16,337 3.5%   42,415 9.0%       10,331   2.6%

Table 2 Total HMRC Receipts (Population Split of North Sea Revenues), £m

469,777   404,760 86.2%    16,652 3.5%   37,811 8.0%        10,518    2.6%

Compare this with public spending for each of three small home countries in the calendar year 2013 (ie Not including UK spending on Welfare, Pensions, Defence, Aid, Foreign Affairs etc):
 
Scotland      £53.9 billion – deficit  of £12 billion approx. between tax raised and money spent
Wales            £29.8 billion – deficit of £13 billion approx. between tax raised and money spent
N. Ireland         £19.8 billion – deficit of £9 billion approx. between tax raised and money spent

So an identifiable £34 Billion a year subsidy from England to Scotland, Wales and Northern Ireland and no contribution from them for any UK expenditure which therefore all comes from the pockets of English Taxpayers.
Better Together?

NB differences between tax raised and money spent are based on Table 1 figures which give the most favourable interpretation of Scotland’s tax position (£16.1 Billion for Table 2 Figures).

The growth of English nationalism – Friend or Foe? A Welsh viewpoint

Dr Simon Brooks


The speech, the translated text of which appears below, was given in Welsh at the Institute of Welsh Affairs Lecture, Llanelli National Eisteddfod, 7th August 2014. It was given in the absence of any English nationalists and without so far as I am aware consulting any either. It thus suffers from a failure to understand the nature of English Nationalism. It is nonetheless interesting to see a well considered analysis of Welsh nationalists’ current ideological difficulties which have resonance in England too!

The author, Dr Simon Brooks’ Biography on the University of Cardiff’s website states:-

My work explores tensions between conservatism and liberalism, as they affect literature, politics and the history of ideas in minority language communities.

In 2004, I used this perspective in my volume, O Dan Lygaid y Gestapo, to discuss the inheritance of Enlightenment thought in late 19th and 20th century Wales, and its impact on Welsh literary theory and criticism.

A few years earlier I had been prominent in public policy debate about the future of Welsh-speaking communities. The debate raised the difficulty that attempts by minority communities to resist majority assimilation with communitarian counter-measures can undermine liberal concepts of openness.

In response to this problem, much of my current work explores multiculturalism and ethnic difference in the context of a minority language community. Welsh-language literature provides the discursive evidence. I hope to draw some theoretical conclusions on how ‘conservative’ survival strategies for a minority language community might be reconciled with a ‘liberal’ desire to respect others.

Here is the text of his speech translated into English:-



The growth of English nationalism – Friend or Foe?


It’s a dangerous year in Wales. Next month, the Scots will venture to the polling booths in order to decide whether they want Scotland to be an independent country or not. If they say Yes, some believe that Wales will become independent soon afterwards. This is possible; everything in life is possible. But it is far more likely that Wales and England will be merged as one state for many decades, perhaps forever. That state will be commonly known as England. Its territory shall essentially be the same as that kingdom, The Kingdom of England, that conquered Wales, and of which Wales was a part between 1282 and 1707. Despite all its failings, at least the most important successor to it, The United Kingdom of Great Britain and Ireland, was a multi-national state, and there was, in theory at least, a fairly equal balance between Saxon and Celt. In 1841, the English formed only about 60% of the United Kingdom’s population. But if Scotland votes for independence, the English will account for 93% of the population, 95% if we exclude northern Ireland, of the state of which Wales will be a member. Britain will be an English state without Scotland, although it will include the Welsh as a national minority, a minority that may keep its devolved institutions for as long as they are tolerated by the English.

It is a dangerous decade in Wales. Following next year’s general election, it is likely that we shall see another Conservative government in Westminster. The English seem to have more faith in the Tories to look after the economy than the Labour Party. Soon afterwards, perhaps in 2017, a referendum will be held on Britain’s membership of the European Union. I would not be too hopeful of the result. There is a limit to Berlin’s patience with London’s whingeing about all things European and not every European will be willing to kneel before Great Britain, or will it be Little Britain by then, in order to keep her in the European Union. If Scotland leaves Britain, and Britain leaves Europe, Little Britain will see itself increasingly as an English fortress. It will become a real Little Britain too with the poor Welshman left as ‘the only Celt in the village’.

It could be a century too of significant immigration into Wales, mainly from England but also from other parts of the world. According to the Census, only 72% of the population of Wales was born in Wales. This is not necessarily a problem. After all only 63% of the population of London was born in Britain. But London isn’t Wales. Wales is a poor, marginal country, in a dependent relationship with her next door neighbour, and it has a minority identity. Such a country is far more open to threats to its identity as a result of demographic change than are majority cultures.

Of course, there is no direct relationship between being born in Wales and empathising or sympathising with Welsh nationhood. There are tens of thousands of people in Wales who were born in England and who speak Welsh, and tens of thousands more who consider themselves to be Welsh. I say this sincerely as a lad from London whose sister is one of the English rugby team’s greatest fans! Despite this, further Anglicisation of Wales in terms of the percentage of the population born outside the country will have political implications for Welsh identity. It is not immigration in itself that is problematic for a stateless nation such as Wales, rather the difficulties that a minority culture faces in trying to integrate newcomers.

I do not wish to raise concerns prematurely, but there is a strong possibility that Britain in the future will become a far more English place than it has been until now, and it is very possible too that Wales will become far more Anglicised as well. The dangers attached to this are intensified by the increasingly reactionary and anti-multicultural nature of recent definitions of Englishness, at least as seen in the growth of political parties such as UKIP.

So a painful question for us as a national minority is whether the recent xenophobia displayed by English nationalism represents the opening of a new path in the cultural history of England, where minorities will face a harsher, sharper wind, or is this merely a temporary storm?

The current intolerant nature of English nationalism and its general attitude towards minorities does cause concern. It is certainly not insignificant. In large states, historically at least, there has been a tendency for antagonistic attitudes towards immigrant ethnic minorities to accompany a deep mistrust of the existence of indigenous minorities. I wonder whether English nationalism will have morphed within ten or twenty years to target the Welsh national minority? We shall see, but it would be irresponsible of us to ignore the possibility that this could happen.

So, is English nationalism friend or foe?

It is a friend to the extent that it will create opportunities for us to sharpen our identity against it. Multinational states often start to unravel when strong nationalisms develop within their most important constituent nations, as happened in the Austro-Hungarian Empire during the nineteenth century, and as is happening in England and Scotland today. It is perhaps the hope that the threat of the growth of English nationalism will lead in dialectical fashion to a growth in Welsh nationalism that causes so many nationalists to be in favour of independence for Scotland. In other words, that independence for Scotland will reveal the essentially English nature of the British state and that this will motivate the Welsh to adopt a position of resistance against it.

But English nationalism is also an enemy since such a thing exists in the world as social power. Indeed, the failure of Wales and Scotland to win home rule at the same time as Ireland, at the end of the First World War, goes to show that it is not inevitable that an empire on losing one colony is bound to cede the rest. Indeed, it might strengthen its grip on what remains, more fiercely than ever before: indeed does not the recent history of Russia bear witness to this possibility? And in the future English nationalism could be very powerful indeed. Should English nationalism start to become anti-Welsh, we would have no chance of withstanding its pressure. The Welsh language, as John Cleese might put it, would be a dead parrot. As dead as Ifor ap Glyn’s Cornish-speaking parrot, for those of you who remember that immortal sketch.

For all these reasons, we cannot ignore the debate on nationhood and citizenship that is currently taking place in England.

We have become used to thinking of English nationalism as intolerant and unfriendly. Unfortunately, this is true, but it is also true that what is happening in England is a perfectly reasonable civic discussion concerning the nature of citizenship. Who can become an English citizen, and what are the duties and responsibilities of such citizens? Under what conditions should immigration be permitted, by whom and to what degree? Should immigrants be assimilated linguistically, or is it better to let immigrants use their own language if that is their wish?

Obviously, these could be Welsh themes too. Indeed, until recently, these questions were only being asked in Wales. It’s very strange then that this is not part of political debate in Wales today. It’s bizarre that these issues have been discussed within Welsh-language culture for half a century, but just as the discussion becomes legitimised in England, we in Wales give up on the debate altogether! This is particularly unwise because if we do not define Welsh citizenship ourselves, we shall be defined by what’s happening in England. Indeed that is what is happening at the moment.

UKIP’s message is that immigrants in Wales should be good Britons, and that they should speak English. What is our message?

For decades language campaigners have tried to tackle some of these themes surrounding immigration, citizenship and language. Consider, for example, Cynog Dafis’ mature contributions on the importance of integrating non-Welsh speakers in Mewnlifiad, Iaith a Chymdeithas (Immigration, Language and Society) (1971) and Cymdeithaseg Iaith a’r Gymraeg (The Sociology of Language and the Welsh Language) (1979). We have an intellectual tradition of discussing such matters in Wales.

There also exists a liberal tradition internationally that could legitimise the debate. In the work of some modern liberal philosophers, an attempt is made to reconcile liberalism as a political philosophy with the desire of minorities to protect their cultures. Perhaps the most famous scholar in this field is the liberal political theorist from Canada, Will Kymlicka. Since every state has its own rules which regulate immigration, and which by and large protect the interests of the largest ethnic group in the State, Kymlicka argues that it might be acceptable for stateless minorities to have control over the nature of immigration into their own territories. This would be ‘consistent with liberal principles of equality’. He goes on to say that ‘what distinguishes a liberal theory of minority rights is precisely that it accepts some external protections for ethnic groups and national minorities’.

In the context of immigration, it is perfectly valid, says Kymlicka, indeed essential, that liberal thinkers not only permit the national minority to ‘exercise some control over the volume of immigration, to ensure that the numbers of immigrants are not so great as to overwhelm the ability of the society to integrate them’ but also to have control over ‘the terms of integration.’ For example, if it’s acceptable for majority ethnic groups to set a language test for immigrants, on what basis could one begrudge the same right to a minority? Indeed, without influence over the process of integration, the minority may well be swallowed up. This is extremely important when the majority in the state insist that immigrants to the national minority’s territory, which the majority basically consider to be an extension of their own territory, assimilate into the majority culture and not to the minority culture.

Such a situation is extremely damaging to minority cultures, but not because immigrants from ethnic minority backgrounds who choose to side with the majority culture add to the absolute size of the majority community – in all parts of Welsh-speaking Wales, the numbers involved are too small to cause language shift. The harm done is that the process of establishing English as the language of civic integration for immigrants from outside of the European Union even in Welsh speaking areas denotes English as the civic language for the whole community. English becomes the language to be used in communication between ethnic groups and language groups. This in turn removes any moral responsibility on in-migrants from England to learn Welsh.

This then can lead to the indigenous minority assimilating into the majority culture on its own territory. In other words, the native culture assimilates into the immigrant culture, if the immigrant culture is also the culture of the state.

The implications of this are seen at their clearest in the recent British debate concerning immigration, citizenship and language.

There is a cross-party consensus in England that immigrants to Britain should learn English and that the state should promote this. Each one of the four main British parties are in favour of an unambiguous link between learning the English language and British citizenship. The Con-Dem government’s attitude in London on this is clear enough, as seen in a recent proposal that those unable to speak English should not receive dole money unless they are willing to learn English. The Labour Party’s attitude is similar as well. Indeed Ed Milliband came to north Wales during the European election campaign in order to remind us again, as if we didn’t know already, of the duty of immigrants to Britain to learn English. The Labour Party has been pushing this line for at least ten years. During his period as Home Secretary in Tony Blair’s New Labour Government between 2001 and 2004, David Blunkett introduced a number of statutory measures that made it impossible to gain British citizenship without passing a language test. And as we know, the future of the English language is one of UKIP’s main concerns. Who didn’t feel sympathy for Nigel Farage that the English language was not to be heard recently on a train journey between London and Kent?

Such messages come at us from across the border, and affect and influence us. This is scarcely a surprise; after all, the London based press is the main source of news for the Welsh people. As a result, opposition exists in parts of Wales to an imaginary enemy that doesn’t exist, namely the immigration of a non-English speaking population. In Welsh speaking communities there could in future be a battle between the monolingual rhetoric of the British state and the bilingual rhetoric of the embryonic Welsh state. We cannot be certain that the Welsh state will win. The Language Commissioner, Meri Huws, has pennies and smarties to spend on the fight; the Daily Mail is published every day. Inevitably the rhetoric of UKIP and English nationalism will undermine the confidence of the Welsh speaking community to insist that Welsh remains a community language, and it will give new confidence to those who oppose this.

What has been the response of the Welsh establishment to all this? They have buried their heads in the sand! There’s been huge reluctance to get to grips with the debate at all.

The reluctance stems from a problem in Welsh political ideology. There is a political consensus in Wales that we should be civic nationalists and this is defined against that which is called, incorrectly in my view, ethnic nationalism. The Welsh political establishment has put the Welsh language in the ethnic box, although via the creation of a concept of Welsh citizenship it could easily be placed in the civic category. Since they believe that language belongs in the ethnic box, politicians are not willing to tell immigrants to Wales that they are expected to do anything in relation to the Welsh language.

Politicians feel that this would not be welcoming, and perhaps it might be unfair too, and that we in Wales stand apart from this sort of politics. Yet it’s false to argue that learning a language is an ethnic imposition. In England, English is taught for civic reasons, in order for the citizen to be able to speak the language of the country and to access civic privileges without being disadvantaged. But the viewpoint in Wales is that the Welsh state cannot place particular obligations upon anyone.

Though this appears quite tolerant, it is a policy which ignores the reality of social power. In Britain and Wales, this always leans heavily in favour of the English language and British identity and is likely to do so even more heavily in the future. A policy not to define Welsh citizenship is a laissez-faire policy. The trouble with laissez-faire policies in the field of language or nationality, as in the field of economics, is that the strong are always likely to come out on top. There is a massive irony in all this. The practical outcome of adopting a policy of not defining Welsh citizenship is to do Ukip’s work for it as immigrants will be compelled to profess British civic values alone.

We have a responsibility to respond to the political situation in Britain as it develops. The way to do this is to develop a concept of inclusive Welsh citizenship.

I now wish to show how attempts were made to build an inclusive concept of citizenship at one point in our history by comparing the attitudes of nationalists and liberals towards nationhood at the beginning of the twentieth century. Citizenship was not an intellectual problem for British Liberals and nonconformists at the end of the nineteenth and the beginning of the twentieth centuries. Welsh Liberals tended to define the nation on the basis of religion and saw the Welsh people as chapel-going Welsh speakers, and everyone else, the non-Welsh speaking, along too with Anglicans, Catholics and Jews, as foreigners. They had no interest in integrating these people by making them somehow Welsh. The reason for this is that they did not seek the establishment of a Welsh state. Since they did not covet a Welsh state, the question of Welsh citizenship, and who belonged to the Welsh nation, was not important.

Welsh nationalists on the other hand wished to establish a Welsh state and therefore had to define Welsh citizens. This could not be done without discussing the relationship of all the residents of Wales with the country. There was no way of having a Welsh state without having Welsh citizens.

Saunders Lewis’ answer was to base citizenship on language. In part he did so because Wales at the time was a country with a different linguistic composition to Wales today. But nationalists were also keen to do this because a language could be learned, whilst changing someone’s place of birth would be impossible, and changing religion would not only be impossible but also unfair. In changing your religion, you surrender your old identity, but in learning a language you add to a new identity without giving up the old one. In learning Welsh, one does not have to lose one’s grasp of English.

Plaid Genedlaethol Cymru’s decision to place an emphasis on the Welsh language was not an attempt to exclude people from the nation as has been assumed, but rather it was an attempt to include them.

In Plaid’s seminal first publication, Egwyddorion Cenedlaetholdeb (1926) (The Principles of Nationalism), Saunders Lewis emphasised that immigrants could become Welsh. This was essentially an argument in favour of releasing the Welsh language from its ethnic definition as a tongue used by the ethnic Welsh alone, on ‘the hearths of the Welsh Speakers’, and turning it into a civic language that would be the property of all people from all sorts of different backgrounds:

If the Welsh language and culture are only to be preserved on the hearths of Welsh speakers, then the language and culture will be dead before the end of this century. Because foreigners will come in greater numbers to Wales, to the countryside in the North and to the populous towns and villages in the South; and by their intrusion and multiplicity, they are fast turning the tide of Welsh life into an English one. Only a political movement can save us. We must turn the foreigners – if I were Greek I would say, the barbarians, – they must be turned into Welsh people, and should be given a Welsh way of thinking, the Welsh culture, and the Welsh language. That is what will make safe the only civilisation that is traditional in Wales.

Despite the use of the unwelcoming word ‘barbarians’, this argument turns on the duties and responsibilities of the immigrant; in brief, it is a theory of Welsh citizenship. It is significant that Saunders Lewis did not expect immigrants to Wales to set aside their own ethnicity. A Frenchman could remain a Frenchman so long as he became a ‘Welshman’ as well, by learning Welsh. In an article, ‘Cymreigio Cymru’ (‘Making Wales Welsh’), published in Y Faner in 1925, Lewis elaborated on this by stating:

The Englishman, Scotsman, Frenchman can each one of them, according to this definition, live and thrive in Wales, hold responsible and important jobs, and be a teacher and head teacher, a mayor or alderman or town clerk, and take a full part in the social and political life of the country, – on one simple, fair, appropriate, just condition, that in his official work – that alone, but in that, totally and without deviation – he uses the Welsh language, the language that has always been the medium of civilisation in Wales.

There is an attempt in all of this to create a civic concept of equal citizenship based on language. Now, let’s be completely clear. We cannot base Welsh citizenship on language today. Plaid Genedlaethol Cymru desired the creation of a monolingual, Welsh-speaking Wales, and in that context, making linguistic integration a cornerstone of Welsh citizenship made perfect sense. That is not the aim today, and if a political system does not insist that the native-born learn Welsh, how on earth can it insist that immigrants do so? On what basis could one insist that a man from Poland who moves to Llanelli should learn Welsh, when we know that English is the choice of language for the vast majority of the local population? But the attitude that we shouldn’t expect immigrants to learn Welsh is less fair, and more problematic, in other parts of Wales where the Welsh language has a stronger presence.

What then do we mean by Welsh citizenship in today’s Wales? Welsh citizenship would, as a matter of course, include citizenship in its legal sense, but it would also promote policies concerned with the integration of immigrants into local communities.

We associate legal citizenship mostly with the nation-state, represented in the popular mind by our passports which denote, in the case of most of us, that we are citizens of the United Kingdom. It is also worth noting that legal citizenship can exist on more than one level; indeed some academics talk of multi-level citizenship. All of us who are citizens of the United Kingdom are European citizens, for example. Multi-level citizenship also raises the possibility of Welsh citizenship without necessarily denying the concept of British citizenship. Therefore it would be wholly appropriate for us to try and develop a meaningful concept of Welsh citizenship before or indeed in the absence of independence.

Such sub-state citizenship has been developed in other stateless nations, specifically in Quebec and to some degree in Catalonia. We could follow their example and make establishing citizenship at the Welsh level a part of the devolution project in Wales. Not the least of the reasons to do this would be that it answers an ethnic question in a civic fashion.

How does one go about it? Instead of the ‘British Values’ that come from England, the reference point of Welsh citizenship would be ‘Welsh Values’. These could be defined via a national debate.

Some of the likely characteristics of Welsh citizenship are already fairly evident. In matters regarding race, religion, ethnic background, place of birth and so on, Wales would adopt a very civic type of citizenship. Indeed, this emphasis on the civic is one of the main characteristics of fifteen years of devolution, and it is very different to the emphasis being made in the current debate in England.

But citizenship would also offer a sensible answer in the context of the language problem, as long as one thinks of language as a civic rather than an ethnic characteristic. Citizenship could suggest how to integrate immigrants into Welsh speaking communities. Wales is a bilingual country and it has two equal languages, and two equal linguistic communities too. Concepts of citizenship could be used in order to put some meat on the bones of this theoretical equality. Bilingualism should not be interpreted to mean the unfettered right of non-Welsh speakers to move to Welsh speaking communities and not learn Welsh, thereby forcing the local community to change their language. Responsibility for social integration should not be shouldered in Welsh speaking communities by the indigenous population alone. The responsibility to nurture social cohesion in Welsh speaking communities should be a joint responsibility, and creating civic ideas on how to do this would be a shrewd way of moving forward.

Theoretically at least, it would be fair to expect immigrants to integrate into the Welsh speaking community as well as the English speaking community, and we should aim at giving immigrants some bilingual skills so that they can undertake some basic bilingual tasks at least. It would be great to have a simple statement by the Welsh Government that it would be desirable for people who move to Welsh speaking communities to learn Welsh. I do not foresee that enforcement would follow this, and in the case of immigrants from England we could not introduce compulsion even if we wished. However, such a statement would be of great help in terms of promoting Welsh as a community language in Welsh speaking areas as it would emphasise that learning Welsh was the social expectation, and the psychological pressure on the indigenous population to turn everything Welsh bilingual, and everything bilingual English, would be considerably reduced.

In a perceptive article on citizenship and the Welsh language for the British Council, Gwennan Higham recently noted that the debate concerning language in Wales brings to English all the advantages that stem from being the language of social inclusion. This in turn rebuffs the right of the Welsh language to be a civic language, and downgrades it to the language of an ethnic group, which there is no expectancy of immigrants to learn. This unfairness is reflected by public policy in the field of immigration. Lessons to learn English as a second language, English for Speakers of Other Languages, are provided by the Welsh Government free of charge for all non-English speaking immigrants in Wales who wish to take them, yet no classes exist that are tailored for immigrants who wish to learn Welsh in order to qualify for citizenship. This situation must change. British citizenship in Wales should not be a version of English citizenship. It is true that Welsh for Adults classes exist. But these must be paid for, which highlights the inequity still further.

To make things worse, it appears as if the Welsh Government is placing even less emphasis on this field today than ever before. What other way is there to interpret the government’s recent announcement that it wishes to cut 15% of the Welsh for Adults’ budget? This is money that exists, partially at least, in order to integrate immigrants who move to Welsh speaking areas. What message is conveyed by the fact that this expenditure is being reduced at the same time that the British State is forcing every immigrant to learn English?

The attitude in a country like Quebec is different. A specific policy is followed in order to enable and motivate immigrants to learn French. In Catalonia too, the government in Barcelona attempts to ensure that immigrants who move to Catalonia are integrated through the medium of Catalan instead of Castilian. Of course, the linguistic composition of Wales is different to that in both of these countries. It would be better for us to think of integrating immigrants to both of our country’s linguistic communities, as opposed as to the Welsh-language community or the English-language community alone.

In stateless nations such as Catalonia and Quebec something fairly unique in the Western world is afoot, which provides another reason for creating Welsh citizenship. In the debate over immigration in large countries such as England and France, immigrants are seen in very negative terms as a burden on local society. But in stateless nations, the nature of the struggle between the state and the stateless nation creates a more positive situation from the point of view of the immigrant. Immigrants are often seen as a means of strengthening the minority community, and indeed as a resource, since they add to the numbers of the minority community in question, and they identify too the minority language as multi-ethnic and civic. In Quebec, nationalists are delighted that immigrants are learning French. This strengthens Quebec. This is a far more positive discourse than the negativity which currently exists in England and which unfortunately has spilled over the border into Wales.

Therefore on every level – the defence of the Welsh language and of Welsh culture, giving skills to immigrants, promoting social inclusion, shaping a thriving, multi-ethnic society, developing civic models of belonging in a Welsh polity, developing a different discourse to the more xenophobic one of English nationalism, and also in order to ensure that Wales can remain Welsh within a Britain that could become far more English in the future – establishing Welsh citizenship would be hugely beneficial.

This would be a citizenship that is inclusive of everyone in Wales, but which would also be distinctly Welsh.

Here is a link to the original so that you can leave a comment >>> http://www.clickonwales.org/2014/09/the-growth-of-english-nationalism-friend-or-foe/

The Scottish Independence Referendum – unanswered questions

Robert Henderson

NB UK2 stands for the UK containing England, Wales and Northern Ireland

The vote on Scottish independence is in 2014. The next UK general election is scheduled for 2015. The date for  Scotland to leave  the Union is 2016.  Assuming Scotland votes for independence these unanswered questions need addressing:

1. When will existing MPs sitting in Scottish seats be expelled from the Commons?  Will they be allowed to continue sitting in the Commons until the 2015 general election?

2. Will Scottish Westminster seats which fall vacant before the Independence referendum be filled in the normal way with a bye-election?

3. What will happen to Scottish Westminster seats which fall vacant after a  vote in 2014 to leave the Union but before the 2016 formal departure date?  Will there be a bye-election to fill the seat until the formal departure or will the seat be left vacant?

4. What will happen to peers who have hereditary Scottish titles or  are Scottish life peers?

Unless they are excluded from the Lords they would continue to have a say in UK2’s politics after Scottish independence.    The cleanest solution would be to insist on peers residing  in England, Wales or Northern Ireland and make any peer wishing to sit in the Lords divest themselves of any formal nationality other than British.  That would mean peers were in a different position to the rest of the population with regard to legal nationality, including MPs, who can at present hold more than one nationality.  The answer would be to make illegal the holding of anything other than British nationality by anyone sitting in the Lords or Commons .

5. What will happen to those holding  British passports who find themselves in an independent Scotland or wish to have Scottish nationality whilst living elsewhere? This would be a good time to deny dual nationality to British citizens generally.

6. What will be the position of Scotland and the rest of the UK (UK2) respectively with regard to the EU?  There is no precedent for an EU member splitting into  separate sovereign states and the component parts of the original EU state being taking back into the EU.  Both logically and legally it is difficult to see how the EU could  allow  either or both of Scotland and UK2  back in without a further Treaty agreed by the other 27 states. Several of those states would require referenda before such a Treaty could be approved.

7. What if Scotland or UK2 were refused admission to the EU or decided they  did not want to join the EU?  If one country was outside the EU it  would have to apply the barriers to trade that the EU states apply generally to those outside the European Economic Area (EEA)

8. What would happen to immigration between UK2 and Scotland? The danger is of  Scotland  allowing large numbers of people to enter Scotland knowing that these people would almost all head straight for England. Whether or not Scotland was a member of the EU, there would have to be strict immigration controls on those coming from outside the EEA and if either Scotland or UK2 was outside the EU, there would be a strong case for imposing border controls.

9.What currency will Scotland use? The position with the Pound Sterling is beautifully simple: Scotland was allowed to use the English currency after they signed the Treaty of Union in 1707, having discarded their Scottish Pound, which was only worth a few English shillings. If they leave the Union they break the Treaty of Union and consequently no longer have any legal right to use the Pound.  It would be a disaster for England if Scotland was allowed to use the Pound because in practice England would be the lender of last resort for Scottish financial institutions through the Bank of England and even without a financial catastrophe Scottish fiscal recklessness could generally weaken the Pound.  Scotland should have to choose between the Euro or a new Scottish currency. If Scotland has to reapply for EU membership she would probably be forced to take the Euro as all new state are obligated to do so.

10. How will the oil and gas revenues be divided? Even if this was left simply to a matter of what is in whose territorial waters  Scotland could get much less than they estimate (around 90%+) if the territorial waters are determined by lines drawn at the angle of the coast at the English/Scottish border. Moreover, a good deal of the oil is around the Scottish islands, who have been making noises about not wishing to be part of an independent Scotland. Shale oil and gas also comes into the picture. Most of the likely UK shale deposits are in England. It would be a grand irony if Scotland cut herself off from a share of the revenues from these by opting for independence.

11. From  what date will Scotland’s proportionate share of the UK national debt be calculated?  It would be significantly lower if calculated at the time of the 2014 referendum rather than the formal date of leaving in 2016.

12. How will Scotland finance the servicing of her proportionate share of the UK national debt?

If she retains the Pound this could be done simply by paying to the British Treasury the sum needed to service it. Scotland would be able to reduce the servicing charge by making payments to the British Treasury to reduce the debt.

If Scotland does not retain the Pound she would either have to join the Euro or establish a new Scottish currency. Either could be a very dodgy proposition. To safeguard UK2’s interests,  Scotland should be forced to raise the money, if she can,  through issuing her own bonds, converting these into a safe currency and then  passing the money to UK2. Alternatively she could buy safe currency and pass that to UK2.

13. Since the Union in 1707, Scotland has taken far more from the Westminster Treasury than she has raised in tax. What payment is Scotland to make to the rest of the UK to repay this subsidy from the rest of the UK (in effect from England)?

14. What will happen to the state holdings in the banks RBS and Lloyds?  At the moment these are both net liabilities not assets because the share value of both means the  £45 billion put into them by the UK taxpayer could not be recouped if the shares were sold.

15. How are the assets of the  UK to be divided between Scotland and UK2?  For the material assets which are physically fixed the only practical way would be for Scotland to retain what is in Scotland and UK2 to retain what is in UK2.  The moveable assets such as military ones could be divided,  but there would be little point in giving Scotland equipment they could not afford to use, for example, the larger surface ships or submarines. The Trident deterrent must be removed to an English base together with any other ships allocated to UK2 which are  currently based in Scotland and warship building retained in Portsmouth.   The only substantial overseas assets would be  the diplomatic operations in embassies and consulates. However, these have been scaled back over the past  thirty years. An agreement would probably  have to be made whereby the UK2 kept the properties and offset some of the Scottish share of the UK national debt against their notional share.

I6. If an independent Scotland cannot or will not maintain armed forces equivalent to those now stationed  in Scotland, what will happen to the men and equipment? Will the British Army absorb them?

17. There are many public sector jobs in Scotland which service the rest of the UK (http://www.theguardian.com/public-leaders-network/blog/2012/aug/14/unified-scottish-civil-service-not-that-simple). How long after the vote for independence will they be removed to the part of the UK which they actually serve?

18. Who will be responsible for paying the pensions of civil servants working in Scotland but servicing another part of the UK?

19. What proportion of the overall UK public  sector pension entitlement at the time of independence will Scotland be responsible for? This pension entitlement will include those paid to the armed forces, British Eurocrats and the diplomatic service.

20. At what date will the accumulated public sector pensions of the UK be calculated? Immediately after the vote for independence, the date of formal independence or what? The later the date the larger the Scottish liability.

21. Will those with Scottish nationality have to have work permits to work in UK2?

22. What will happen to the BBC? At the moment Scotland gets a very good deal because she pays in proportion to her population,  but gets the benefit of the entire BBC output, the vast majority of which is paid for by English TV licence payers. There is no reason why an independent Scotland should continue to do so.  They should form their own public service broadcaster (if that is what they want) and purchase BBC programmes on the same basis as any other foreign country.

The terms on which Scotland could secede from the Union should be agreed before any Scottish vote on independence. Agreement to the terms should be through  a referendum of voters in England, Wales and Northern Ireland. Only if accepted by those voters should the independence question be put to the Scottish electorate.  That question should be Do you wish to have independence on the terms offered by the rest of UK?