And so, after many years of false starts and being told to “hold, hold” it looks like we’re finally off and back into a new independence campaign, a little shy of a decade after the previous one kicked off.
On Tuesday Nicola Sturgeon announced an update to her plan to deliver an independence referendum in the first half of this Parliamentary term. “Plan A” had always been to seek a sanctioned referendum by way of a formal Section 30 order to the UK Government resulting in something akin to the 2012 Edinburgh Agreement. But with Boris Johnson now and Theresa May before him being consistent in denying such a request, pressure had been mounting to deliver some kind of “Plan B”.
This week, we saw what that would look like. Should a Section 30 order not be forthcoming then the Scottish Government shall bring forward a Referendum Bill anyway and ask the Parliament to approve it. Given the pro-indy majority between the SNP and the Scottish Greens, it would be a miracle and a scandal if it doesn’t pass though – assuming no other party comes out at least as pro-referendum – all eyes will be on those pro-referendum (and the handful of quietly pro-independence MSPs within the Unionist parties) to see if they argue for a free vote or break with any party whip to vote the Bill. Will there be a repeat of Wendy Alexander’s 2008 “Bring it on” moment from any of the parties? I doubt it. Indeed, the biggest challenge to the referendum process – particularly an unsanctioned referendum – is the other side not playing at all.
This week is a historic milestone in the long campaign against nuclear weapons. On January 22nd, 2021, the Treaty on the Prohibition of Nuclear Weapons (TPNW) came into force having been passed by the support of 122 countries at the United Nations in July 2017. This treaty comprehensively bans nuclear weapons in all of their forms, bans countries from developing those weapons, funding their development, hosting weapons owned by others or even allowing them to be transported through their territory. 1 country (the Netherlands) voted against the treaty and another (Singapore) abstained. Several countries, including the United Kingdom, all other nuclear armed states as well as NATO nations, did not vote.
One of the strictures of the treaty was to set up a regular forum where State Parties (those countries who have signed and ratified the treaty) could come together and lay down the processes required to meet the various commitments that the treaty binds them to. This week, the First Meeting of the State Parties came together in Vienna to begin that process of bringing about the end of the age of nuclear weapons. A nuclear sunset to conclude the nuclear dawn that broke on July 16th, 1945.
Last week the Scottish Government, represented by Nicola Sturgeon and Patrick Harvie, launched the first paper in a series of papers framing their view of the next stage of the Scottish Independence campaign. This first paper – Independence in the Modern World. Wealthier, Happier, Fairer: Why Not Scotland? – is described as a “scene setter” and a description of the world as it is now rather than what it could be under independence. As such, it probably raised more questions from than delivered answers to the journalists at the press conference. It does nothing to answer or advance arguments around currency, borders or pensions or any of the other topics that I and other independence activists have been immersed in for a decade now but it wasn’t ever supposed to. All this paper has done is take several economic metrics such as GDP and inequality and compared the UK to several other countries in Europe. We’ve seen this approach before:– this paper is essentially an abbreviated and updated version of the first third of the 2018 report by Andrew Wilson’s Sustainable Growth Commission and the ideology that informed that report is woven throughout this new one.
(Since the original publication of this post, Ellen joined me on the Common Weal Policy Podcast to discuss the issues raised in more detail. You can listen to that show here.)
Common Weal has been at the forefront of Scottish democratic and governance reform since our inception – it’s one of the things that attracted me personally into the orbit of the organisation. One of our earliest campaign success stories was the creation of the Scottish lobbying register which, despite its many and still critical flaws, at least gives us some insight into who is talking to the Scottish Government and about what. Another area where we’ve been gaining ground is our ongoing campaign for better Scottish statistics – the Scottish Government has still not picked up our call for a dedicated Scottish Statistics Agency to fill gaps in data provision despite overwhelming support from SNP members three years ago.
Where these two areas intersect is how we, as citizens, gain access to data and information produced by the government which might be difficult to find or not published at all. You have a right called Freedom of Information which allows you to ask public bodies (including the government itself) about the information it holds on various topics. It can be a question such as how much has been spent on a project? Or how many times a Minister has met a specific person? Or anything else that isn’t routinely published or that the Government has good reason to not publish (perhaps due to national security concerns). There are, of course, caveats such as declining to publish information that would be difficult or expensive to obtain (perhaps the question was too broad or requires someone to trawl through a half-forgotten archive of paper records). All of this legislation is important. If we don’t know who is talking to government, what government is telling itself or what they’re not telling us then we cannot hold them to account for their actions. I’d go as far to say that an opaque government is inherently corrupt or, at least, cannot adequately demonstrate that it is not.
These reforms include ending “corporate confidentiality” in public-private contracts after the contracts have been signed (so we know precisely how much we’re spending and on what – especially on large infrastructure projects), mandating that private companies in receipt of public money should be covered by FOI when they spend it (so that government can’t hide behind a wall of privatisation), and – most serious of all – that government should end its unlawful practice of treating FOI requests from some people differently from others (such as allowing Ministers to “review”, delay or block FOI requests submitted by journalists). One of our key recommendations was to address a fundamental flaw in the FOI process itself which is that in order to get information into the public domain, you first need to be able to ask a question about it.
To ask the question “For the minutes of the meeting between the Minister for Energy and Coal Billionaire Joe McSmoke in August 2019?”, you first need to have some kind of suspicion that such a meeting even took place and that there’s a possibility that it was minuted and that those minutes were recorded in a way that is publishable. Instead, we’ve called for public bodies to adopt what we’ve termed to be a “Glass Wall” approach whereby any information that would normally be disclosed by a properly submitted FOI should be proactively published in a browsable archive (we may still need to submit something similar to an FOI to the curator of said archive to be able find said information but the point is that you wouldn’t need to).
I’m glad to say that many of these suggestions were accepted by the Committee and, eventually, by the Government itself. It brought about an investigation by the Information Commissioner to ensure that the recommendations were being carried out (especially the ending of unlawful interference of FOI by ministers) and which published last week.
It was this report that led me to discovering another fundamental flaw in the FOI process that surprised me and also throws the entire system into serious doubt as to its ability to ensure transparent government.
Folk in Indy circles will no doubt be aware of the ongoing story about the UK Government’s “secret polling” into public attitudes on the Union. This polling was done in around 2018 (so is almost certainly out of date now) but was never publicly published. A court case recently concluded with an instruction to publish the data and the latest in this story is that the UK Government is still refusing to publish and may need to be challenged again.
However, there is a twist to this story. When this all kicked off last year my wife Ellen asked the obvious but unasked question – If the UK Government isn’t publishing its polling on attitudes towards independence, why couldn’t the Scottish Government publish its own internal polling on the topic? Even better, once both were published, we could compare and contrast the results of the various questions asked. Not being able to find that polling in any of the public databases, Ellen submitted an FOI for its release and, to both of our surprise, we were told that the reason that this data hadn’t be published before and couldn’t be published now was because the Scottish Government hadn’t conducted any public polling on attitudes in the time between January 2018 and July 2021 when the request was submitted.
This could and should have been a major story last year and Ellen planned to send it around journalistic circles just as soon as a linkable version appeared on the Scottish Government FOI database. Several days passed without it doing so. Then weeks. Then a couple of months. To this day, if you search for her FOI request it still returns no result.
The Information Commissioner’s report last week brought the topic back to the front of our mind and Ellen contacted the Commissioner to try to find out if there was a reason that this FOI would not be published. The prompt reply frankly shocked us. A private reply to an FOI is considered by the Scottish Government to be a fulfilment of FOI legislation and puts the information into the “public domain” but there is no obligation in the legislation for the reply to be entered into a public database. Doing so is merely considered “best practice”.
Consider this for a moment. There is an obligation on the Scottish Government to respond to FOI requests but so long as they give the information to the person who asked the question, there is no obligation on them to let anyone else know about it. But, as it is now a public document, “leaking” it as I have done above isn’t even leaking – it’s just sharing a public document.
But this leads us to another question – how many FOI requests have been answered by private email and not shared more widely? I don’t think it’s a question anyone but the Scottish Government can answer with certainty but there may be a way of taking at least a stab at it. Whenever you submit an FOI request, you are given a unique reference number. That number – as per Ellen’s FOI above – takes the form of the year of submission and then a string of numbers. That string of numbers appears to be not random but at least somewhat sequential. The earliest FOI in the database is FoI/16/00690 published on October 23rd 2017 and the most recent as of the time of writing – published on May 24th 2022 – is FOI/202200296591. As of the time of writing there are 8879 FOI replies in the database. I don’t know if the sequence of ID numbers includes documents other than FOIs (is document 202200296592 some other letter to or from a civil servant perhaps?) but I can’t imagine why it would. It may be that some of these FOIs have been sent to other public bodies (such as Local Authorities) and published in their own databases but – as said above – we have a clear example of at least one FOI to the Scottish Government that has not been published. Assuming each of these numbers does refer solely to a unique FOI request and its reply and the reference number is as sequential as it appears to be then that may suggest that in the worst case, less than 30% of FOI requests to the Scottish Government have been published in a public manner beyond a direct reply to the person who submitted the request. I dearly hope there’s an explanation out there that means that things aren’t as bad as that. If anyone has one, please do let me know.
I’d be really interested to hear your experiences with this. If you have submitted an FOI request and found that your reply is not on the database then let us know. I’m not sure what we can do from there. We could probably do more to train up volunteers to submit FOIs and have them share their replies with us but how can we do more than that? Does Common Weal have to publish these FOIs ourselves? Do we have to partner with some journalists to create a “Shadow Repository” of all of the FOIs the Government didn’t want you to see? Will just the threat of doing so force an explanation from the Government? Whether by actual legislation or, as a distant second, firm departmental commitments to actually follow “best practice” the Scottish Government should and must publish ALL FOI requests that it responds to. Even the “frivolous” ones. Even the “vexatious” ones. Even the “inconvenient” ones from journalists and especially even the ones that reveal that the Scottish Government hasn’t been doing work that it should have been doing as it prepares to fight another independence campaign. For their part, the Information Commissioner’s office confirmed to us that it is not within their remit to force FOI replies to be published again, because it is not a statutory requirement.
As I said at the top of this piece, I don’t think we can have a functioning democracy without transparency and accountability. Corruption is inevitable if power remains in the dark and behind closed doors. If only a select few have access to information, the same results. From a very practical standpoint, it’s also a complete waste of resources to have to blindly keep asking the same FOI questions because you didn’t know that someone else asked for the same information some time before you. In a very real sense there can be no freedom without freedom of information. The Scottish Government can and must ensure that all of us can see what it is doing at all times. If they don’t, we have to ask the final obvious, unasked question. What, precisely, are they hiding from us?
An extremely disturbing report was published this week looking into life expectancy in Scotland and the UK. It found that the consistent gains in life expectancy that we have experienced for much of the 20th century and into the first decade of the 21st has stalled and has even started to decline for some groups – especially the poorest and most deprived. This stall was abrupt and started in 2012 and has had the effect of knocking around 16 months of life off of the average Scot compared to pre-2012 trends.
This was not due to a “natural limit” of life expectancy being reached (though such a limit does almost certainly exist) nor have neighbouring countries experienced this stall to anywhere the same degree. The stall is not due to Covid, nor any other endemic illness. Drug-related deaths in Scotland are rising and this is having a measurable impact on average life expectancy but life expectancy has also stalled for non-drug users so this cannot explain everything either. Nor is it due to obesity or even due to climate change (though the former had more of an impact than the latter). All of these factors and more could be isolated, accounted for and controlled for in the study. Once this was done, there remained still an additional adverse impact on our life expectancy.
The conclusion of the report is that there is one stark cause above all of the other factors that has resulted in our lives being, on average, shorter than they otherwise would have been. In 2010 the UK Government began a massive socio-economic experiment called Austerity. This, the report finds, has been the primary cause above all others for the harm done to our health and wellbeing. It has sucked vital resources out of public services and starved households of the resources required to replace them. Poverty and deprivation – deliberately applied by political choice – has killed people earlier than they otherwise would have died.
It is in this context that we must view the other major reports published this week – the Scottish Government’s Resource Spending Review and Capital Spending Review. These financial reviews lay out the plans for devolved government spending over the next four or five years up till the end of this Parliament. The choices being made are grim.