The focus of the Smith Commission has naturally been on which financial powers should be devolved to the Scottish Parliament.What has only been given limited attention to date is the opportunity to radically reform Scotland's relationship with the institutions of the European Union.
The EU, through its rules, regulations and policies, exerts a more important influence over Scotland's economy and society than ever before. Decisions made in Brussels impact to a greater or lesser extent on a wide range of our day-to-day activities as workers, consumers, businesses and citizens.
The EU decides on policies that directly affect Scotland's interests, including support given to farmers, quotas that determine how much fish can be caught in Scotland's waters, policies aimed at boosting research in universities, investment in digital technologies and measures to improve the employment prospects of young people.
As it stands, the UK as the member state represents Scotland's interests within the 28-member EU. And in key institutions such as the Council of Ministers, the most important law and policy-making body, it is the UK Government that promotes the UK position. In this respect the common allegation is that the views of the Scottish Government and other devolved administrations are not being adequately considered.
In consequence, UK ministers, under the scrutiny of the UK Parliament, have the final word over the line adopted by the UK in determining the shape of policy and legislation in devolved areas. Because the same ministers are responsible for policy and legislation in regard to England, they face a serious potential conflict of interest. This can undermine the basis of the devolution settlement unless the arrangements for bringing Scottish influence to bear in determining the UK line operate effectively.
One suggestion to address this would be for a UK Government position to be established before Council of Minister meetings through consultation with the Scottish Government and other devolved administrations. This would focus on issues relating to devolved matters as well as on reserved matters impinging on Scottish ministerial responsibilities.
This could be established through the statutory mechanism requiring the UK Government to co-operate fully with the Scottish Government and other devolved administrations in determining its position.
In addition, no minister from the Scottish Government has the automatic right to attend, far less contribute to, Council of Minister meetings, regardless of how important the issue under discussion is to Scotland's national interest.
A suggestion to counter this would be for a Scottish Minister to be given the opportunity to represent the UK Government position at select Council of Minister meetings when the relevant competence is devolved to the Scottish Government.
This could be extended to include the Welsh Government and Northern Ireland Executive and regional assemblies under further English devolution. Representation could be divided between the devolved administrations and allocated on a rotational or a fixed basis. The position of Scotland promoting a UK Government position to an extent echoes the situation in Belgium, where Belgian regions and communities have been given powers, through a co-operation agreement, to represent a common Belgian position at Council of Minister meetings.
A statutory mechanism should extend to major reforms. The Conservatives will fight the 2015 General Election on the basis that, should they win, they will hold negotiations on a "reformed" settlement for the EU, with a referendum on this or an EU exit in 2017. Through a statutory mechanism the Scottish Government and other devolved administrations should have a guaranteed role in establishing a common UK position in these polls.
The Smith Commission provides the opportunity to radically reform Scotland's relationship with London and in regard to the corridors of power in Brussels.
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