Burnham hasn’t changed the game, but he has taken to the field

“Opportunity does not waste time with those who are unprepared.” – Idowu Koyenikan

This blog post previously appeared in Common Weal’s weekly magazine. Sign up to our Daily Briefing and Weekly Magazine newsletters here.

If you’d like to support my work for Common Weal or support me and this blog directly, see my donation page here.

A Go board in an advanced state - to the lay observer, it is not clear whether white or black is winning.

Prime Minister Andy Burnham took a significant step into the independence debate recently when, at PMQS, he was questioned by SNP MP Chris Law on the disparity between the constitutional mechanism for Northern Ireland formally seceding from the UK (contained within the Good Friday Agreement) and for Scotland to do the same (there isn’t one). Burnham replied that the mechanism for Scotland was “exactly the same” as for Northern Ireland.

That is, when it “seems likely” to the Secretary of State for Scotland (currently Douglas Alexander) that public opinion is such that a referendum would return a result in favour of Scottish independence, then such a referendum should be arranged.

There are a whole bunch of caveats to this constitutional clause. It is still, by far, nowhere near the democratic right to self-initiated, self-governance (c.f. Article 4 of the Constitution of Liechtenstein which allows any of the municipal councils to self-organise a secession referendum at a time of their own choosing). The clause that an independence referendum could only happen if it “seems likely” to succeed is subject to the Secretary of State not being stubbornly and wilfully blind to rising sentiment on the ground.

It has certainly been the case over the last decade of constitutional squabbling that the UK Government and successive Scottish Secretaries have been quite happy to tangle a target that they thought was unreachable only to yank it away when they realised that it might be. Is “once in a generation” the “not less than seven years” contained within the GFA? Or is it 25 years? Or is it not until every single person who voted in 2014 is dead and buried? UK Government has floated all of these positions at some point or another.

The Scottish Government is, with merit, now trying to bed the principle that Scotland should have the same constitutional right as Northern Ireland into law to make it harder for Burnham or his successor to backslide later.

It is certainly the case however that while Burnham has set a firm and reachable target now, the actual position of the goalpost hasn’t materially changed. The process of becoming independent was never path dependent on a constitutional arrangement and this remains true. The core argument should never have been “How do we get a new independence referendum?” or even “How do we bypass the need for a referendum with this One Weird Trick Lawyers Don’t Want You To Know?”.

It was always “How do we convince a majority of the Scottish population to support independence such that the pressure of their collective voice could not be ignored?”

It we win that consensus, the route to bringing Westminster to the negotiating table to agree and sign the required documents was always going to be a relative formality.

So how do we answer that important question? The key is to understand the demographics of independence. When support for independence rises, it’s not picking people up at random. It’s better to think of the kind of person who would be the next person to change their mind when support rises from X% to X%+1.

We can split Scotland into four groups of people. The “Convinced Nationalists” are those for whom independence is a core part of their identity and will likely always vote for it given the chance. It’s likely that you are one of them. The “Convinced Unionists” are the opposite – with an identity linked to the Union as a concept as strong as a Nationalist’s desire to break away. They will never vote for independence – though they may accept it as the will of the people afterwards in the same way as anti-devolutionists did after 1997. These two groups make up something between half and two-thirds of the population. Neither of these two groups are the target audience right now. Their votes won’t change.

Instead, think of the two groups in the middle – Converted Supporters who were the kind of people who began to support independence during the 2014 campaign as sentiment rose from its pre-2011 baseline of about 25% (the Convinced Nationalists) to 45% on the day. I’m part of that group. Most of this group are now pretty solid in their views. It’s a lot harder to get someone to change their worldview twice than it is to change once. I had to be convinced to support independence. Convincing me not to now would be a challenge. This is the primary reason that, contrary to some expectations, independence support did not fall back to the Nationalist baseline after 2014.

This means that the really important group are the people who sit in that realm of independence support rising from about 50% up to the Unionist ceiling somewhere near 70 or 75% and we really only need to win over about half of them.

“If an independence referendum happened this afternoon and returned a 60% Yes, are we, as a movement, prepared for that?”

When you examine the social attitudes of the Convinced Nationalists and the Convinced Unionists, they tend to be (though aren’t exclusively) quite different from each other. Support for independence is wrapped up in a lot of other fairly ideological policies such as being pro-Europe (if not always pro-EU), anti-monarchy, anti-imperialist, anti-nuclear, pro-immigration, Left-of-Centre and quite a few other topics whereas Convinced Unionists are much more likely to be opposed to many or all of these things (again, not exclusively – your individual experience may vary and there plenty of people in the Left of Scottish politics who agree with each other on almost everything except independence even if that one small difference prevents collaboration on everything else).

It’s not the Nationalists who are the isolated group though. The groups in the middle – even the Not-Yet Supporters – tend to be a bit closer in view to the Nationalists and especially to the Converteds than they are to the Unionists. In other words, the type of person who’d vote Yes at 60% is more “winnable” than the type of person who’d vote No at 40%.

We’ve talked about this phenomenon before. That the people we just barely failed to convince in 2014 weren’t ideologically against us. They actually agreed with the kind of Scotland they thought we were presenting. The problem wasn’t the vision, but the execution. They didn’t believe we’d fulfil our promises. And, frankly, who could blame them?

This is the main issue we’ve squandered over the past decade. We’ve been arguing process instead of policy. We’ve been hoping for “One Weird Trick” like a previously unknown legal route to indy or a Unionist politician standing up and say “Ah, go on then”. We haven’t really been preparing for what to do if that happened.

Seriously ask that question now. If an independence referendum happened this afternoon and returned a 60% Yes, what would be the next step? Are we, as a movement, prepared for that?

Not only do we need to be prepared, the act of the preparation is the thing that will convince the people who would bring support from 50% up to 60%. The act of preparation is the thing that will apply the pressure on Andy Burnham and Douglas Alexander that is needed for them to decide that independence “seems likely”.

In 2018, Common Weal produced our book How to Start A New Country which detailed the steps that need to be taken between referendum day and formal independence day in order to create a viable, independent nation state. It went through all of the institutions Scotland would need to set up or reform in order to take over the jobs currently being done “for” us in London. It’s still a powerful book but it’s getting on a bit and the world has changed a lot since it was written (the long version of the book is also almost entirely sold out, though you can get a digital copy here and we still have plenty of copies of the shorter version). It could use a bit of a refresh itself especially if it “seems likely” that it’s going to be needed sooner rather than later.

Next week, we’ll tell you what we’re planning to do about that.

The Common Green logo Green text on a dark green background, above a version of the Common Weal "balance" logo.

The Programme for Government 2026

“Intelligence without ambition is a bird without wings.” – Walter H. Cottingham

This blog post previously appeared in Common Weal’s weekly magazine. Sign up to our Daily Briefing and Weekly Magazine newsletters here.

If you’d like to support my work for Common Weal or support me and this blog directly, see my donation page here.

An excerpt from the cover of the PfG

Ambitious for Scotland
Programme for Government 2026-2031

(Image Credit: Scottish Government)

Last year’s Programme for Government was a lackluster affair, as could well be expected. It came just a year before the election and so it was always unlikely that there would be any brand new initiatives given that there would be no time to legislate for them never mind implement them (the tail end of the last Parliament saw many important bills get dropped for ‘lack of time’ such as Monica Lennon’s Ecocide Bill, but that’s a topic to come back to).

In a year where the election results in a change of Government, we would expect the first PfG to be an ambitious period as the new party settles their feet under desks and starts to work out how the hell they’re going to deliver on their promises. It’s slightly different for a returning government. They have to come up with new ideas while remembering that there was little to stop them doing it before. A new plan to reform Council Tax, for instance, has to deal with the problem that next year will be the 20th anniversary of the SNP Government promising that they’ll reform Council Tax.

Still though, this is the first Programme for Government of the returning Government and can use this one not just as a plan for the next year but as a prospective for the next five years in Government. Plans can afford to be a little larger or longer range. And we’ve certainly see that, with some proposals here being substantial, multi-year projects. As we shall see from this list of some of the policies that caught my eye this year, this doesn’t necessarily mean that I think they are projects that we should be doing.

Local Government Reform: Centralising power

This has been headlined as the largest government reform of the devolved era and it’s probably not wrong in that. There has been a lot of talk recently about bring the English model of regional mayors to Scotland – largely driving by people who think that we could do with more folk like Andy Burnham taking unilateral control over large chunks of the country. My own thoughts on that particular plan can be read here…short version – I’m not a fan. A single person cannot be elected via a proportional democratic vote, therefore I do not believe that a single person should ever hold office with executive power.

This isn’t what John Swinney is proposing, in fairness. No mention is made of elected mayors over massive regions. He is, however, proposing the second part. Local Authorities to be combined in some way (it’s not clear if this would be a formal amalgamation or another tier of umbrella organisations) and given executive powers.

He even stole Common Weal’s language to help describe why he wants to do this – the current Local Authorities are simultaneously too large to be be “local” and too small to act regionally (this was the intention of the previous round of reforms after Scottish regional governments proved a nuisance to the Scottish Office). There are indeed powers that could be given to these regional councils that could be useful, like transport or energy strategy.

The big problem is that few of those powers sit at Holyrood or even Westminster. They mostly sit at Local Authority level and will be ‘pooled’ into the regional tier. And thus this reform will not decentralise power but will massively centralise it. The same goes for plans to amalgamate Scotland’s 14 Health Boards into just two.

The ‘local’ part of these reforms is non-existent. Rather than restore Scotland’s district councils (as the Greens propose) or to follow our plan to bring Scotland into line with Europe’s system of municipal councils, the ‘local’ part of Swinney’s reform is merely to “[empower] people to influence local decisions”. Not to control local decision-making. Or to make decisions for themselves. Merely to “influence” them. Which is basically the non-power that our community councils have at the moment.

Inwards Investment: The Scottish Fire Sale Continues

If there’s one thing John Swinney is known for, it’s his great love of ‘foreign direct investment’. FDI has basically been the only game in town (a term once reserved for PFI funding) for Scottish economic development for a number of years now. The problem with inwards investment like this is that, by definition, it demands a return in the form of profits that can be extracted from Scotland.

In our paper on Profit Extraction, we found that Scotland was one of the most intensively extracted nations on the planet – to a degree worse than some of the poorest and most heavily exploited nations in Africa. Between 1999 and 2021, more than a quarter of a trillion pounds has been net extracted from Scotland, largely in the form of dividends paid to shareholders and parent companies based elsewhere. One can only speculate as to what Scotland would look like if that money had been used to bootstrap up Scottish companies or had been paid to Scottish workers instead.

And it’s about to get worse.

The PfG is going to accelerate FDI via several schemes like a “High Growth Unit” and a “Major Projects Office” designed to “unlock private investment across strategic sectors”. Most disconcertingly is that the Government appears to have listened to our plea that the Scottish National Investment Bank should be investing more in housing and energy by instructing it to “leverage further private commercial capital and investment into housing…including social housing”. Even if you are being housed by the public sector, your rent may soon be subsidising the dividends of a wealthy absentee shareholder.

“Centralising health and care while cutting local communities out of meaningful decision-making isn’t exactly the same as “delivering care locally””

Energy: Fossil Fuels and Data Centres

The Government fell short of growing rumours of a moratorium on data centres. Instead, the Scottish Government will attract more data centres so long as they are “responsible, green data centres”. No, I have no idea what that means either but I suspect that it’s something a bit like Swinney’s support for “climate compatible” oil extraction. That is to say, it’s a thing to say when someone asks about these things that means that he doesn’t have to definitively say that he supports or does not support them.

One thing the Government does support right now is the cutting of profit taxes on oil companies to encourage more North Sea drilling (you know…so long as it’s “climate compatible” and it’s not necessarily any particular named project that you might be complaining about specifically).

I published my own thoughts on how those data centres should be regulated as a bare minimum – I do not expect many or any currently in the pipeline would meet these reasonable expectations. I also do not expect that the Government’s own “strategic approach” will meet or exceed these standards. Or perhaps we need to apply a bit more pressure in our campaigning to make that happen.

Health, Care and Older People: Amalgamated, Subsumed and Ignored

In that order. I’ve already mentioned the proposed centralisation of health in Scotland and we published in one of our Daily Briefings this week that we’re concerned that care is being subsumed into health as Swinney has long been obsessed with “delayed discharge” as the only metric worth measuring – if he can dump people from hospitals into care homes, then who cares, right?

Our Care Reform Group will be discussing this in more detail in the weeks to come. Another point that is missing from the PfG almost entirely is how to better support older people. The term ‘older’ does not appear at all in the PfG and ‘ageing’ only once and strictly in the context of rising pressure on health services. A “prevention-first” health strategy mentioned in this section is laudable – essential even – though it does require actual work to prevent health issues.

Centralising health and care while cutting local communities out of meaningful decision-making isn’t exactly the same as “delivering care locally” and privatising the funding of housing while maximising the incentives to push up house prices runs directly against the goal of more healthy housing.

Land Reform: This far and apparently no further

Land Reform was high on the agenda in the last Parliament. The Land Reform Bill eventually passed was weak and insufficient, but it was there. This PfG – which I remind is a strategy for the next five years – does not mention land reform or land taxation at all. Some mention is made of more support for crofting communities to support environmental work but with the proposal to centralise of many aspects of environmental governance (such as SEPA, NatureScot and Zero Waste Scotland) into a single body it seems hard to see how more localism over the control of land can come out.

Our coalition partners will be at the SNP conference next month in a campaign for a Scottish Land Tax – I know such a thing is overwhelmingly popular with party members as I’ve seen their response to it myself when I’ve been at previous conferences. Perhaps it’s time for members to make it clear to leadership that this omission is not acceptable.

Conclusion

I know this has been a negative article. I didn’t want it to be. I wanted to see ambition and progressive moves for change in this agenda. There are good policies in there (like the well publicised £2 bus fares or, with caveats, the food price caps) that we’ll be tracking and encouraging but they are all relatively small compared to the massive centralising reform that is about to crash down upon us.

The Scottish Government used to believe in subsidiarity – the principle that governance should take place at the most local level possible and only devolved upwards when absolutely necessary. It appears that that principle is not just dead but is being actively held in contempt. This is something that must be pushed back on. Democracy should be for and by all of us, not just for the one person who thinks he should be in control over everything that he can’t sell off to an inwards investor for the lowest price possible.

The Common Green logo Green text on a dark green background, above a version of the Common Weal "balance" logo.

How we should regulate Data Centres

“The destiny of intelligent tool-using life was to be a stepping-stone in the evolution of corporate instruments.” – Charles Stross (Accelerando)

This blog post previously appeared in The National as part of Common Weal’s In Common newsletter.

If you’d like to support my work for Common Weal or support me and this blog directly, see my donation policy page here.

A stock photo of the inside of a data centre under construction, showing a row of empty racks and loose cables.

There’s an increasingly loud uprising happening in Scotland around AI data centres. Possibly the biggest I’ve seen since the 2016 uproar over shale gas fracking.

Data centre companies are actively lobbying the Scottish Government as we speak and are basically asking for John Swinney to open the gates to them to flood Scotland with as many data centres as he’s willing to make us all swallow. It’s easy to see what the companies get out of it. Scotland has plenty of space, a good amount of water and while electricity prices are high they can often negotiate preferential rates that we could only dream of. What does Scotland get out of it? Higher energy prices, higher demand on increasingly scare water, about three-and-a-half jobs, and the Scottish Government gets to claim that the “inwards investment” line goes up?

Perhaps I can see why Swinney would take that deal.

Most insidiously, the companies appear to be lobbying to write their own environmental laws. Just as with Freeports, their goal will be to effectively deregulate themselves either by getting specific exemptions from regulations or for the Government to allow themselves to internally self-regulate without outside interference (which would amount to the same thing).

“I’m pretty sure that none of the suggestions I’m about to make are in any way objectionable to anyone who doesn’t want to actively harm Scotland’s people or environment.”

We should demand that the Government holds them to the highest possible standards. I can give you a few bullet points and ideas to take to your MSPs – whether or not you have a data centre looming over you at the moment. I’m pretty sure that none of the suggestions I’m about to make are in any way objectionable to anyone who doesn’t want to actively harm Scotland’s people or environment.

1) Energy

In order that the energy demands of the data centre do not increase prices for the people of Scotland, to be approved, a data centre must meet at least one and possibly more of the following:

a) The data centre must be entirely off-grid and powered with zero-carbon energy. This must include emergency backups such as batteries as we do not want to repeat the case being seen in America where a lack of grid connections is prompting data centre companies to install massively polluting private gas and diesel generators.

b) If grid-connected, the data centre must fund the construction of enough zero-carbon energy generators to meet its own projected needs. These generators must be installed and operating before the data centre is allowed to draw energy from the grid.

c) The data centre company must fund the construction of enough zero-carbon energy generators, with those constructed generators being donated free-of-charge to Scottish public or community ownership to offset the demands the centre will make on the grid. An alternative or complement to this would be the data centre company installing, at their own cost, rooftop solar panels on Scottish homes starting with homes living in fuel poverty.

2) Heat

The waste heat from a data centre must be captured and redirected into a local District Heating Network. If a heat network is not currently installed in the local area, the centre must be designed to plug into such a network when one becomes available. In this case, funding the construction of such a network may be counted as a contribution towards energy infrastructure requirements.

3) Water

The data centre must “do no harm” to water systems. Any water drawn from municipal networks must occur only after local residential and other essential needs are met, with the company funding the construction of additional strengthening of the water network if necessary. Additionally, waste water from the data centre must not be released into the environment or into waste networks in a less than human drinkable state.

4) Materials

In addition to usual planning requirements around local jobs and material supply, the data centre – both the building itself and the materials for the computers inside – must be designed to Net Zero and to Circular Economy standards. All materials (especially those containing critical minerals such as the computers) must be designed to minimise waste and to be reused, repurposed or remanufactured into commercial-grade products at the end of their useful life. All materials that cannot be repurposed must be compostable or fully recyclable. No materials should go to landfill or incineration.

5) Social costs

The owners shall recognise the social harms their centres and the products they are used for may cause. All social costs shall be calculated (this will include but not be limited to carbon emissions, other pollution, displacement of jobs and breaches of IP laws). The cost of these harms will be placed in bond by the company as a condition of planning approval and the bond shall be insured with unlimited liability against overruns.

Additionally, if the computers within the centre are involved in criminal activity not directly attributable to an individual (such as mass IP breaches or hacks involving rogue AIs) then the Directors of the data centre company shall accept legal liability as if they had personally committed, aided or abetted said crimes.

Will Scotland do this?

I certainly don’t think any of the conditions above are particularly controversial so I believe that the Scottish Government should be able to support these or similar as certain minimum conditions. If the data centres can meet them, then we can move on to asking questions about what use they will actually be used for and how that use will benefit the people of Scotland.

This answer to this question will be different for, for example, a centre handling NHS patient data to avoid sending that data to privacy hostile nations like the USA than it will be for an AI hyperscaler owned by a equality hostile US billionaire. In either case though, the buildings themselves have the potential to cause great harm and this must be minimised and prevented. If they can’t do this, they should not be built.

The Common Green logo Green text on a dark green background, above a version of the Common Weal "balance" logo.