Prolixity from Andrew Tickell. Law & Scottish politics. Senior lecturer in law
@GCULaw
, Jacobin scribbler,
@SunScotNational
columnist, and jaded flâneur.
A rather personal column in the National & Herald today. Two weeks ago
@GCULaw
we lost our much-loved friend & colleague Professor Alison Britton. I wanted to write something by way of tribute to her, and her impact on the world. Here's my best go.
"Only a professor at Strathclyde." Honestly. This is the kind of snobbery which nobody of real quality ever buys into. In my experience, condescension like this only guarantees the snob's personal mediocrity. (And incidentally, Strathclyde is a great school, with good folk.)
Imagine being a politician, hearing the phrase "I assume a certain level of intelligence on the part of people listening to me because I think that's justified," and thinking "she's attacking the working class!"
Most of England seems to want Tory governments, whatever the circumstances, whatever the choices of that government. You may find this inexplicable. I find this inexplicable. But here we are. England should live with its democratic choices - but I'm disinclined to share in them.
Ah well. If only there was some simple way to prevent people addressing you as "baroness" in social settings. What's the world coming to? You can't even take a peerage these days, without being traduced in this squalid way.
Ah yes, all those folk who "secretly enjoy" not being able to heat their homes, "secretly enjoying" empty stomachs, "secretly enjoying" their universal credit being cut because World War II.
Rayner's acid response to Raab what exactly what he deserved: "My advice to the Deputy Prime Minister is to cut out the snobbery and brush up on his opera. The Marriage of Figaro is the story of a working-class woman who gets the better of a privileged but dim-witted villain."
Just imagine if Nicola Sturgeon lodged a Bill to amend the Scotland Act to give the FM wholly unchecked power to force elections whenever she felt like it. How long would it take for Scottish Tory MSPs to chirrup on about a "sinister one party state" do you reckon? Nanoseconds.
You will be unstunned to discover that it is already a criminal offence to desecrate a war memorial in Scots law. The endless recriminalisation of things which are already crimes continues.
Forgive the recourse to salty language, but Lady Davidson of Fuck-Knows-Where for Fuck-Knows-What sums up more or less everything appalling about the British state, and what it tells us - again and again - about what it values.
Am I understanding this right? The ongoing stushie about short lets in Edinburgh is being driven to a significant extent by the fact owners chose not to apply for planning permission to repurpose their flats as commercial properties, and are now facing regulatory consequences?
Imagine being a grown adult, howler-monkeying away online about a sixteen year old's best endeavours to change her world for the better. British poltiics is blighted by the misanthropy of - too many - of the middle aged.
Ignoring the sound & fury, the armchair experts & political has-beens with the luxury of having opinions rather than decisions to make, if you were First Minister right now & your scientists presented you with this, what would you do? The idea this is an easy call is charlatanry.
"Can you give me the name of a random Scottish village beginning with C? It's for a thing."
"Does it matter which one, Jeremy?"
"I shouldn't think so."
"Culloden?"
"Splendid."
🥳 So, I got a wee bit of good news. Pleased to say I've been promoted to senior lecturer in law
@GCULaw
this week. With thanks to supportive colleagues, and all the students I've taught over the years, who continue to make the gig interesting and rewarding.
I don't know about you, but there's something particularly disspiriting about the idea of being condemned to a ceaseless nuclear winter by someone who is - ultimately - just the distilled physical essence of Milngavie.
In summary: Westminster will be able to pass legislation which violates children's rights in devolved areas without these being challengeable in the courts, on the basis that the UK parliament must have "unqualified legislative power" to make laws, even in clearly devolved areas.
Your occasional reminder that in eight years leading her party, Ruth Davidson's policy ideas barely seemed to develop beyond: "let's cut income tax for the top 15% of Scots, embrace the welfare cuts imposed by the UK government, and defend private schools." Social justice ahoy!
The best way the Tories could save the Union would be to establish a UK-wide Ministry of Social Justice, headquartered in Glasgow or Edinburgh, ran by
@RuthDavidsonMSP
Alex Salmond has been charged with two counts of attempted rape, nine sexual assaults, and two indecent assaults. The case remains active - and undecided. For anyone to treat it as some kind of comic political football really is beneath contempt.
Kuenssberg claims "the law says it's up to the UK government to decide whether or not there should be another referendum." This is a contested legal issue which has never been authoritatively determined. There's no basis to simply assert this as a fact.
Even in outline today's West George Street story in Glasgow is horrific & troubling. The interventions of corrosively cynical political actors - determined to recruit this story to peddle their own agendas, whatever the facts prove to be - are beyond tawdry, beyond contemptible.
@RealStephenKerr
Just glib and shabby misinformation, Stephen, as you ought to be able to comprehend. Under the Scotland Act, the power to refer to the Court is exercised by the Lord Advocate independently of the Scottish ministers. They can't force her to do anything of the sort.
In keeping with the strategic emptiness which filled Ruth Davidson's career - she's come up with the snappy phase of "putting the boot in," but nowhere explains what she thinks (a) the "boot" is, or (b) where it should be "put." Truly a loss to the nation.
(Like many folk, I do understand why these restrictions have been reimposed. But a little girning about the implications feels legitimate, necessary and cathartic.)
The day I lose a deep and burning hatred for the UK's sordid caravan of feudal bollocks, for the cynical political flummery of magic names, the paraphernalia of euthanised weasels, the stoat costumes, royal medals, ribbons & garters - load me up in a boat and push me out to sea.
The parochialism of the discussion on hate crime is a thing to behold. France - where Andrew Neil lives - already has the following offences on its statute book, including inciting hatred based on race, religion, sexuality, gender identity or disability:
Ruth Davidson last stood for democratic office in 2016. She bent the knee to Johnson for her barony in between. Now ensconced in the House of Lords for her lifetime, she slags him off recreationally, goes canvassing, and imagines this mild transgression makes her a free thinker.
England is entitled to its Brexit, but there's no objective reason Scotland has to be dragged along in its wake. Yet here we are, not leading the UK but being led, outvoted nine to one, again & again. Toddling after, grumbling, achieving nothing. Well, that's the union for you.
One lesson from recent events in Holyrood is that way too much of the Scottish media seems allergic to dealing with and explaining complexity, and seems to think that you can simultaneously give a reasonably faithful account of what is going on without it. Sometimes you can't.
Little known fact: meerkats were a major import to the docks o' Leith during the 18th century. Edinburgh's middle classes trained them to open oysters in taverns & dining clubs of the city's Old Town. Hence: Meerkat Cross. A meerkat rampant features on David Hume's coat of arms.
I may be on holiday, but there's enough legal confusion floating about at the moment that I thought I'd share a few clarifications and definitions about Scots law, arrest and public order offences.
One of the quiet stories of this campaign is also one of the ones I find most emotional. In Scotland, we've extended the vote to almost everyone who lives here. Refugee candidates are standing for different parties & voting. What a beautiful thing that is.
How could an obvious charlatan like Rees-Mogg strike any thinking person as a thoughtful or sincere spokesman for any political ideology? He's a cosplay MP. Pure plastic. His whole persona is a joyless, double-breasted exercise in high camp by the gaga right of British politics.
Whether or not you want or oppose more devolution - on any reckoning, there's almost nothing in the new Broon prospectus. Padded out to 40 recommendations, many repetititve, there is vanishingly little about new competences to be devolved from Westminster to devolved parliaments.
Who exactly are "UK Scots"? Nobody can tell you because being Scottish has no particular administrative status in the UK. You're a British citizen. You're a Scottish taxpayer by dint of where you live. You can vote in Holyrood elections if you live in a Scottish constituency.
Considering there's never been a section 35 order made under the Scotland Act before & one has never been judicially reviewed, you'd think folk with no legal qualifications might be a tad more circumspect about predicting outcomes of a process with three layers of appeal.
"Regretting" a lack of transparency in your business dealings is one thing. Using your lawyers to threaten journalists with legal consequences for publishing basic facts which you now admit are true is quite another.
You know me. I am basically uninterested in football. But if Rangers FC want to wash their faces in public - & do more than pretending the rampant sectarianism amongst their supporters didn't happen, or doesn't matter - they have to have something to say about this kind of thing.
Pleased to hear confirmation that Glasgow will finally step down to Tier 2 when the bird flies, the tree grows, the fish swims, the bell rings and Mogwai decide to do their first Simply Red cover. More when we have it.
Remarkable misinformation coming out of the Tories, day after day, about the Scottish Sentencing Guidelines right now. Contrary to their press releases & Express headlines - they aren't "SNP guidelines" but are made by the Sentencing Council itself & approved by the Appeal Court.
Just more irregular verbs of the British constitution, I suppose. "If the First Minister broke the minister code she must resign."
"If the Home Secretary broke the ministerial code, she mustn't resign."
"If the Prime Minister broke the ministerial code, he must stay in office."
"Mr Speaker, I thank the honourable member for his question about furlough & will be delighted to answer it in full when you call my honourable friend, the Member of Parliament for Moray, to ask precisely the same question again. I say, are we sure those TV cameras are running?"
Last punt. In today's
@ScotNational
column, I don a pith helmet and go in search of Ruth Davidson's immutable political principles. Spoilers: I come back empty handed.
Think divisive rhetoric is bad? Fine. Your outrage would be a whole lot more convincing if your party leader hadn't just been cheered to the echo by your party conference for effectively presenting a list of enemies of the people under the heading of "anti-growth coalition."
Can't fathom the idea that the 84.6% of Scottish voters who turned out in 2014 referendum were somehow bamboozled by the Yes/No question, and would now - somehow - benefit from ditching this familiar language, to be replaced, awkwardly, with the language of leaving and remaining.
Several media reports from the Court of Session getting WAAAY ahead of themselves, by suggesting Lord Doherty knocked back the substance of the challenge to the lawfulness of proroguing Westminster today. Not so. This morning, he refused only to issue an interim interdict.
Brian Taylor is wrong. The law isn't "clear". Insisting "the power to call a constitutional referendum rests with Westminster in the Scotland Act" is just parroting the UK government's legal analysis. The Scotland Act is nothing like that definitive.
Chocolate money. Jeezo. Because other independent states who don't use sterling are uniformly reduced to using the toffee dollar, fudge kronor and the sugar mouse mark.
Christ. There's no reason Scotland should be governed in this way, by craturs like this. Is this *really* the best we can do? Is dyspeptic and increasingly dysfunctional government from Whitehall *really* the best way to promote Scotland's economic, social and cultural interests?
BREAKING: Prime Minister Boris Johnson says there is a 'strong possibility' that no free trade deal will be struck with the EU and the UK should be prepared for an Australian-style "option".
Read more:
There's a whole pile of confusion out there at the moment (understandably) about Holyrood's legislative competence, the concept of "reserved matters," and how this relates to the hitherto ignored provisions in s.35 of the Scotland Act 1998. A short 🧵
My only outstanding observation is this: Douglas Ross's synthetic blokey, matey, "as a football fan myself", "as a ref," "when I run the line," "loving a winner," "as a father" patter will almost certainly cause me to cough up my pelvis after roughly two months of exposure.
Why the negative framing? "Shelled out," "revealed." It is a small miracle any jury trials could be staged through the long months of lockdown. My basic impression is the Scottish Court Service did a good turn here. No idea why it seems to have been framed as vanity spending.
But. Um. Polygraphs don't actually detect lies, Home Secretary. Hence why courts won't admit findings from them as reliable evidence. We're being governed according to the principles and practices of Jeremy sodding Kyle.
I've been vague about this in the past - because it isn't a big part of how I think about myself - but I'm happy to associate myself with
#BiWeek2021
. Despite folk trying to persuade me I had to be one way or t'other over the years, I'm very cheery to be precisely what I am.
Hogamanay won't be the same without Jackie Bird's frozen rictus enthusiasm for Phil and Ally's interpretation of Neil Gow's Lament, expressed with all the warmth of a Siberian snowdrift. Run, Jackie. After 127 years of December 31sts we all knew you hated, at last, be free.
I'm not sure I've agreed with every pronouncement or prognostication over the last twelve months - and whoop de doo at that - but the lingering obsession Scottish Tory MSPs continue to show towards Professor Devi Sridhar is clearly unhealthy.
The bare concept of making anyone a baron or baroness in a democracy is an abomination. Boris Johnson's list of relatives, bank accounts, fruitcakes and ennobled losers is an abomination of an abomination which should abash an 18th century administration.
Has there *ever* been a more evocative name for a creature on (or soaring above) this green earth than one Gaelic name for the sea eagle? Iolaire sùil na gréine – the eagle with the sunlit eye.
I note with curiosity that this story from BBC Northern Ireland about the former Vice-Chair of the Scottish Tories seems to have been picked up by no other press outlet in Scotland this morning.
If you were an alien beamed into this, you might think it a little strange that one sports team sings the national anthem of the whole UK, which it doesn't represent, while the other sings a song strongly implying it isn't part of the UK, which it remains part of.
#SCOENG
Another evening in British politics, when I feel grateful that we decided to leave Scotland's future in the hands of Westminster and its Conservative governments. What we do without these people, and their finely-honed talent for statecraft?
For too many Tory politicians, getting elected is just the foreplay for the real deal - for the philosophical conundrum of how precisely you decide to sell out. Despite all the forced good humour, Davidson remains a conventional Conservative.
It might enhance audience understanding of the outcome if BBC Scotland's EU election coverage made a bit more effort to actually take a moment to tell viewers about the actual Scottish results coming in from any of our local authorities.
Being a right wing maniac with an enthusiasm for sending foreigners to Rwanda, hacking apart the social safety net, investing in the rich and beggaring the poor, and rejoicing in their beggary, and devising new cruelties to visit on them - isn't a protected characteristic.
Even if you applaud all this perfidy - and there are plenty of folk in the British media who're only too happy to toast all his reversals, broken pledges, finesses and lies as "savvy politics" - I can't think of a less "authentic" leading UK politician than Starmer in my puff.
This is some heroic spin. The Queen, we're told, is "displeased" that David Cameron has admitted to asking her to do something which she then chose to do. From this, we're supposed to conclude she's an ill-used woman, more sinned against than sinning.
How will you be celebrating the new tax year? I'll be doing so by remembering the median salary of a full time Scottish worker is £28,354, more than £15k short of the higher tax rate "blue collar" Ruth Davidson is doing her dinger over.
Being clear-eyed about this: we're in the middle of a pandemic. We've seen the job of being FM over the last four months has been a gut-wrenching slog. Is it really wise to spend day one your leadership by talking about all the time you hope to spend on your side projects?
🎥WATCH: New Scottish Conservative leader Douglas Ross explains why he’ll continue to officiate top flight matches while taking on his new role.
“I think I can balance the time to be able to do them both”.
I'm struggling to find any reference in the Scottish media to yesterday's blockbuster £80k judgment against the Daily Record for potentially prejudicing extremely serious criminal trials. Isn't this newsworthy?
NEWSFLASH: House of Commons Library analysis confirms that if 14 Plaid Cymru MPs had voted for Option Q, and if 18/5ths of a Labour MP had howled catechisms into the lightless void, Cthulhu's tentacled enormity would have crested the foam & redeemed us. More when we have it.
When this kind of nominal tourist's levy has popped up on hotel bills in other cities - does anyone honestly feel like they're staying in some kind of hostile environment? Seems thoroughly implausible to me.
Can it really be Scottish Tory policy that harassing the disabled, assaulting ethnic minorities & daubing anti-Semitic abuse on synagogues should not be treated in Scots law as aggravated by prejudice? Because that's a big part of what repealing the Hate Crime Act would achieve.
What the UK government is effectively proposing to do is to hike taxes on workers in Scotland, in a regressive and inter-generationally unfair way, to fund English social care policy. Alternative income taxes are available. Today's
@SunScotNational
column.
"Why does the First Minister hate Arbroath smokies?" Ruth Davidson in Holyrood today, reminding you that once your heart isn't in it - you can't pretend. Douglas Ross characterising her return as "getting our best striker back on the pitch" looks singularly cruel in retrospect.
I voted against the Referendum Bill today because of Labour values, not despite them. We must reject the false choice and division of Boris’ Britain or Sturgeon’s Scotland. We can do better as outward looking, internationalist nation.
A modest proposal: if you want to serve as a minister, try getting elected first. If you don't win a seat? Live with the democratic vote. Apply your talents elsewhere. The UK government's capacity to be farcical & corrupt in one ermine-puckered package.
I'd have more time for Craig Murray if he was more honest. He seems to have decided that - whatever the court said - identifying some complainers in the Salmond case was in the public interest. Pretending jigsaw identification was the last thing on his mind now is just cowardice.
As you all know I'm not a big football man. But some of the football writing from Scotland about Covid in the last few days should only have disgraced the gormless fucktrumpets humourless enough to inflict their halfwit, half informed opinions on the public. Honest to goodness.