Read this while you wait for the Smith Commission report

As relevant now as when it was submitted; perhaps more so when listening to the dancing on pinheads going on this morning about which bits of which powers Scotland should be allowed to have.  Jonathan Sher moved from the USA to Scotland 10 years ago and became a UK citizen earlier this year in order to vote Yes in the independence referendum.  This was his personal submission to the Smith Commission. It makes a lot of sense to me.

Dear Lord Smith,

Thank you for accepting this complex, but vital, assignment.

The Herald published three of my personal opinion pieces on the Scottish independence referendum (16 June, 4 July and 15 September), which provide a context for my submission to you today.

As I understand it, your intent is to reflect the will of the Scottish voters accurately in relation to the additional powers that will soon be devolved to Scotland. A majority of voters in last month’s referendum wanted at least ‘Devo Max’, so that is what should be delivered. [Note: I am using ‘Devo Max’ to refer to the powers articulated by the SNP and Scottish Greens in their submissions to your Commission]

What is known is that:

A. 55% of Scottish voters preferred to remain within the United Kingdom, thereby removing independence as one of the current options.

B. 45% of Scottish voters wanted all powers to be vested in the Scottish Parliament.

C. Opinion polls, both before and after the referendum, indicated majority support for at least Devo Max. If even as few as 1 in 10 No voters (5.5% of all voters) were persuaded by leading politicians to think they were voting for Devo Max, then a majority (at least 50.5%) of all Scottish voters made it plain that they want the maximum possible powers to be held by the Scottish Parliament.

D. Given this simple calculation (45% Yes voters, plus at least 5.5% No=Devo Max voters), there seems a moral obligation for you to insist upon an agreement that delivers as full a devolution of powers to the Scottish Parliament as is possible without causing the UK to be unable to function successfully.

I am struck by the focus in much of the recent public and media debate on which specific powers should be devolved by Westminster to Holyrood. This seems back-to-front. Shouldn’t the focus be on reaching agreement about which specific powers must be reserved at Westminster for the United Kingdom to function well? Any power not explicitly reserved at the UK level devolves to the Scottish Parliament.

During the referendum debate, the key powers discussed as the defining ones to have a United Kingdom were currency, foreign affairs and the military. There may be a small number of other specific powers necessary for the UK to function successfully, but you are doubtless more aware of them than me.

This referendum was not simply the prelude to the best compromise that can now be brokered among the five political parties at your Commission’s table — based upon their priorities and preferences. In my opinion,  your Commission’s final agreement should embody and honour the expressed desire of a majority of Scotland’s voters to have the maximum possible powers devolved to the Scottish Parliament — a parliament whose existence must become permanent, i.e. one that can neither be abolished nor controlled by Westminster.

In practical terms, any agreement that delivers less than Devo Max would discount the votes of the 45% who voted for all powers to be held by Holyrood – and also discount the votes of all citizens who, while against independence, were voting for the greatest possible devolution of powers to Scotland within the UK.

With appreciation for your consideration,

Dr Jonathan Sher