Latest from Coffee House

Latest from Coffee House

All the latest analysis of the day's news and stories

Stephen Daisley

Are Holyrood and Westminster heading for another Supreme Court showdown?

The UK government’s threat to block Nicola Sturgeon’s Gender Recognition Reform Bill took many by surprise. The powers, under Section 35 of the Scotland Act, have never been used before. The assumption from some observers, this one included, was that this was a negotiating tactic ahead of inter-governmental discussions on the Bill’s implementation and cross-border issues that might arise. That assumption appears to be wrong. I understand that raising the spectre of Section 35 is not a negotiating tactic: ministers are seriously contemplating it and legal advice is being sought. Among ministers’ concerns are questions over passports, driving licences and public safety. Michael Foran, a lecturer in public law at

Philip Patrick

Scotland’s Gender Recognition Reform Bill is an open goal for unionists

Having just squandered a quarter of a million pounds on her fruitless Supreme Court independence challenge, Nicola Sturgeon’s government could be headed back to Little George Street sooner than they might have expected. If the UK government deems the hugely controversial Gender Recognition Reform Bill unlawful, a Section 35 order blocking the legislation from going to royal assent could be invoked by Scottish Secretary Alastair Jack. This would oblige Sturgeon’s government to take the matter to court. Is this what the First Minister wants? Many have been perplexed at her stubbornness in pursuing this contentious legislation, warts and all. (She wouldn’t even countenance a few common-sense safeguarding amendments, such as

Stephen Daisley

The preventable death of the Scottish Tories

The Ruth Davidson era is over. It has been three years since the now Baroness Davidson stood down as leader of the Scottish Tories, but the last decade of opposition politics has belonged to her. It was Davidson who parlayed opposition to independence into tactical support for the Scottish Conservatives, convincing a section of older, blue-collar Labour voters to lend her their vote to stop the SNP. In doing so, she took the Tories from third to second place at Holyrood and, in 2017, to their biggest win in a general election since the days of Margaret Thatcher. What she failed to do was make the Scottish Tories a viable

Stephen Daisley

Money won’t keep the Union together

Despite its name, Gers Day is not an annual celebration of the Ibrox side that makes up one half of Glasgow’s notorious Old Firm. If only it were that uncontentious. In fact, Gers stands for ‘Government Expenditure and Revenue Scotland’, the Scottish government’s yearly report on public finances. In a normal country, the publication of 76 pages of data tables and accountancy prose would go largely unremarked upon, so naturally in Scotland we have to turn it into another front in the independence wars. Because we really have nothing better to do. This year’s figures, like last year’s, reflect the unprecedented Treasury interventions during the Covid pandemic. However, they paint

The gender debate is getting nastier

Elaine Miller is one of the grown-ups. She is a Fellow of the Chartered Society of Physiotherapy, with a specialism in pelvic health. She also jokes about it. Her comedy show, Viva Your Vulva: The Hole Story is currently playing at the Edinburgh Fringe. It’s a good one: the production has won awards and a five-star review. Miller is forthright – her audiences are warned about ‘strong language and swearing’ – but her performance is more than mere entertainment. In Miller’s words, The aim of the show is that the audience leave knowing what a pelvic floor is, what it does and where to take theirs if they think it

Stephen Daisley

The blind spot in the SNP’s ‘war on drink’

Scotland’s grim reputation for abnormally high drug fatalities has become embedded in the public consciousness over the past year. The fact that fake benzodiazepines (‘street valium’) can be procured for 50p a pill on the streets of Dundee and Glasgow is now common knowledge, as is Scotland’s unenviable place at the top of Europe’s drug deaths league table. However, belated attention to this crisis should not allow signs of another to slip below the radar. New figures from National Records of Scotland (NRS) show a 17 per cent surge in alcohol-specific deaths between 2019 and 2020, a rise from 1,020 to 1,190 in the space of 12 months, what NRS

Isabel Hardman

Truss charms the Scottish audience, while Sunak struggles

Judging by the show of hands in the auditorium of the Perth Concert Hall tonight, both Liz Truss and Rishi Sunak had a fair bit of work to do to win over Scottish Tories. Many put their hands up to say they hadn’t yet decided who to back when asked by the host Colin Mackay. Mind you, many of them then went on to boo Mackay for asking questions of both candidates that they found annoying. Normally when an audience boos a journalist in Scotland, it’s blamed on the SNP and that party’s dislike of scrutiny. Tonight, though, it was the Conservative party.  Neither candidate has said that much about

Stephen Daisley

Sturgeon isn’t an ‘attention seeker’

There is a lot of pearl-clutching over Liz Truss’s dismissive remarks about Nicola Sturgeon. Much of it involves conflating a dig at the leader of the SNP with a grave insult to Scotland. This is symptomatic not only of the fetid culture of grievance that permeates Scottish politics but of the steady merging of the party of government and the state itself. Were Emmanuel Macron to brand Boris Johnson an ‘attention seeker’, these same guardians of the public discourse would scoff at the suggestion it represented a slight against the British people. In fact, they would regard anyone proposing such an interpretation as a hysterical ideologue and perhaps even a

Robert Peston

Nicola Sturgeon has put Boris Johnson in a tight corner

Nicola Sturgeon’s claim that she will not contemplate breaching the rule of law by holding an independence referendum was pretty blatant trolling of Boris Johnson, given the multiple allegations he faces of being less than scrupulous in following domestic and international law. But Sturgeon also put Johnson and the Tory party in a tight corner by asking the Lord Advocate to petition the Supreme Court in London to determine the legality of a referendum. If the Supreme Court rules her way, then there will be the mother of all constitutional crises if Boris Johnson continues to reject the lawfulness of any vote by the Scottish parliament to hold a poll on

Alex Massie

Another Scottish independence referendum is coming

Despite what the SNP and its supporters insist, Nicola Sturgeon did not ‘announce’ a second referendum on independence today. Far from it. Her statement to the Scottish parliament quietly accepted that a referendum is highly unlikely to take place on 19 October next year. The 2014 referendum – an act of self-determination that inconveniently produced the wrong outcome for the SNP – was an agreed plebiscite. All parties and Scotland’s government agreed it should take place and that its outcome would be politically, if not legally, binding. This is still the path Sturgeon would prefer. Holding such a referendum, however, requires a section 30 order by the British government, which

Stephen Daisley

Is this the answer to Scotland’s drug death epidemic?

Scotland could pioneer a scheme to cut drug deaths by allowing users to consume narcotics under supervision and with medical assistance on hand. The establishment of overdose prevention centres (OPCs) is proposed in a consultation launched yesterday by Labour MSP Paul Sweeney, who believes his Bill will ‘implement changes that will save lives’. Sweeney, a former Royal Regiment of Scotland reservist, previously volunteered in an unofficial safe injection van in Glasgow and has told the Scottish parliament that he saw people saved from overdose. These centres would take what volunteers have already done and give it a legal framework. Although these centres are already used in parts of the US

Stephen Daisley

This is how to save the Union

Devolution has failed in Scotland. Nothing that follows will be of use to you if you remain in denial of this fact.  Facing up to a quarter-century of needless, self-inflicted constitutional harm is the admission price to any credible conversation about how to go about fixing the problem. Devolution, sold with the assurance that ‘the Union will be strengthened and the threat of separatism removed’, has weakened the Union and armed the separatists. All historic errors have their guilty men and devolution has an unholy trinity. Labour loves legends, especially those felled on the cusp of greatness, and Donald Dewar — MP at 28, architect of devolution, inaugural First Minister,

Michael Simmons

Why Scotland’s census blunder matters

Around 700,000 Scottish households – a quarter of the country – are facing £1,000 fines for failing to complete the census. Eleven years ago, the last time the census was run, it took 10 days to reach the current response rate of 74 per cent. This time it’s taken over a month. There’s not much hope in getting the rate up either. Studies from the US show census return rates don’t improve after the first few weeks.  If 700,000 households are to be fined this would be the largest prosecution in Scottish legal history, probably British too. In 2011 – where the final response rate was 94 per cent and over 90

Stephen Daisley

The SNP’s ferry mess

Eight years ago, and with the independence referendum one month away, the Clyde’s last commercial shipyard went into administration. The collapse of Ferguson’s not only threatened the jobs of 70 shipbuilders: it was an inconvenient symbol of industrial decline right as the SNP was trying to parlay rhetoric about an independent Scotland being ‘one of the world’s wealthiest nations’ into a Yes vote on polling day. The Scottish government intervened and quickly arranged for a billionaire adviser to then First Minister Alex Salmond to buy Ferguson’s. One year later, the Scottish government awarded Ferguson Marine, as it now was, a £97m fixed price contract to build two ferries but the

Michael Simmons

Covid is rising again. Should we worry?

For some time now, Covid has been rising in Scotland – there are now more Scots in hospital with Covid than at any time throughout the winter. A freak, or a sign of what’s to come nationally? The ONS survey answers that question today, confirming that Covid cases are rising nationally: some 4 per cent of England’s population, it says, would test positive. In Northern Ireland it’s closer to 8 per cent and in Scotland 5.7 per cent. Have waning vaccines created space for another wave – and do we need to worry? Just as Gauteng and South Africa then Lambeth and London were the early warning signs for Omicron’s rise

Stephen Daisley

Nicola Sturgeon’s Potemkin parliament

Is the word of a Scottish government minister worth anything? The question arises in the wake of the SNP’s Hate Crime Act which, among much else, creates the offence of ‘stirring up hatred’ against ‘transgender identity’. Feminist groups warned early on that the Bill’s language could see people who don’t believe that men can become women (or vice versa) prosecuted for what had hitherto been treated in law as legitimate expression. Prominent among these groups was MurrayBlackburnMackenzie (MBM), a policy analysis outfit whose principals boast extensive scholarship and years of experience inside the civil service. One of MBM’s principals, Lucy Hunter Blackburn, gave evidence to the Holyrood justice committee in

Steerpike

Holyrood offers Ukraine counselling

It’s now a week since Russia’s invasion of Ukraine and there’s no sign of an end in sight yet. The casualty lists have mounted on both sides, with the Kremlin admitting to 500 Russian dead, compared to America’s estimate of 2,000 on Moscow’s side. One millions Ukrainians meanwhile are estimated to have fled the country in the past seven days, with Kiev claiming that 2,000 civilians have been killed in Russian attacks. Sanctions meanwhile continue to be applied by a raft of European and Western powers against the embattled Putin regime. Such suffering now appears to have extended all the way up north to the Scottish parliament, where staff and MSPs are

Stephen Daisley

No, Scottish independence is not like the war in Ukraine

Perhaps it’s the absence of any oppression of their own country that compels Scottish nationalists to latch onto the oppression of others. On Monday, Michelle Thomson, an SNP MSP, retweeted news of Ukraine’s emergency application for EU membership, adding: ‘Delighted for Ukraine. It’s [sic] just goes to show what political will can achieve. Remember this Scotland!’ The SNP’s current position is for Scotland to secede from the UK then apply for membership of the EU, a process nationalists have previously suggested Brussels would fast-track. Thomson came in for a barrage of criticism and later deleted the tweet, admitting it was ‘insensitive’. She is taking all the flack but she’s hardly

Ian Williams

Unmasking ‘panda diplomacy’

The star of the Beijing Winter Olympics wasn’t an athlete: it was Bing Dwen Dwen, the spacesuit-clad panda mascot. It was deployed to cover the harsher political edges of the games, and was romping around on the ice at the closing gala. Bing Dwen Dwen is only the latest example of China’s use of ‘panda diplomacy’, so successful over recent decades. The Chinese Communist party has long used them as envoys to potential partners. A bill now wending its way through the US Congress strikes at the heart of panda diplomacy. If it passes, it will keep American-born giant panda cubs in the US, which would break China’s monopoly on

Katy Balls

Boris vs the Scottish Tories

As the Foreign Secretary warns an invasion of Ukraine by Russia could be ‘imminent’, Boris Johnson has been spending the day on a ‘Levelling Up’ tour in a bid to get his premiership back on track. The stops include both the North of England and Scotland. For the latter part, the Prime Minister today visited Rosyth Dockyard where new Royal Navy warships are under construction.  Only Johnson cut a rather lonely figure — with no Scottish Conservatives coming out to meet him. While his long time ally Alister Jack, the Scottish Secretary, is simply away so unable to join, for others it appears to be more personal. The leader of the Scottish Conservatives Douglas Ross was absent today. He

Melanie McDonagh

We could learn a thing or two from Swiss democracy

There was another referendum in Switzerland over the weekend. This one was about protecting the young from the evils of tobacco by banning advertising anywhere children might see it. This strikes me as a good deal more liberal than the measure from New Zealand’s mildly fascistic Jacinda Ardern, who insists that young people must never smoke at all, ever, or indeed the situation here where none of us is allowed actually to see a cigarette packet in case it gives us ideas. But it’s not just cigarette advertisements that the Swiss were voting on. There are other referendums on animal (and human) experiments in research as well as a couple

Stephen Daisley

Sex, trans rights and the Scottish census

It takes some doing to make a census interesting. So congratulations to the National Records of Scotland (NRS). NRS, which administers the decennial survey, is facing a judicial review over its guidance on the document. On the question of sex, it states that ‘if you are transgender the answer you give can be different from what is on your birth certificate’. That is, something other than your legal sex. Feminist group Fair Play For Women will challenge this guidance at the Court of Session on 2 February. If this sounds familiar, it’s because similar guidance for last year’s census in England and Wales was challenged at the High Court and found to

Steerpike

Sturgeon skews her stats (again)

The statistical shenanigans of the SNP have been highlighted by Mr S before but it’s always worth highlighting when the nationalist Holyrood government gets it wrong (again). At First Minister’s Questions yesterday, Nicola Sturgeon told colleagues that England’s infection rate is 20 per cent higher than that of Scotland, according to ONS figures. A surprising figure, given that the ONS estimated infection rate was 1 in 20 for both nations yesterday. The SNP leader said: In terms of the ONS figures this week, infection levels in England right now are over 20 per cent higher than in Scotland. I don’t think it’s a competition but if Douglas Ross wants to make these comparisons, then

Stephen Daisley

To save the Union, ignore Gordon Brown

As he blasts his way through the remaining support beams of the UK constitution, Gordon Brown is doing more to deliver Scottish independence than the SNP. The former Prime Minister is reportedly poised to recommend that Labour adopt ‘devo max’ as a policy, which would see the SNP-run Scottish parliament handed yet another tranche of powers. Only defence and foreign policy would remain in the hands of Westminster: everything else would be at the whim of Nicola Sturgeon. The theory is that by increasing the powers of Holyrood, the Scots’ appetite for independence will be sated. But is no evidence for this, and 23 years of evidence against it. From

John Ferry

Sturgeon’s war on business is strangling Scotland’s economy

There was one minor and one big surprise in the Scottish government’s latest budget, which was set out by Kate Forbes, the finance secretary, last week. The minor surprise was the Sturgeon administration’s decision to provide less business rates relief, in comparison with England, to the retail, hospitality and leisure sectors during the next financial year. Businesses in Scotland will be eligible for 50 per cent relief, capped at £27,500 per rate payer, but only for the first three months of the 2022-23 financial year. In England, the same businesses will be eligible for 50 per cent relief for the whole financial year. A winding down of rates relief was

Michael Simmons

Sturgeon: all cases will be Omicron by Christmas

Nicola Sturgeon has said that Scotland should expect a ‘tsunami’ of Covid cases, so has said Christmas parties should be cancelled and household contacts of any positive case — Omicron or not — should isolate for ten days regardless of vaccination status. Given that Scotland and England have very similar Covid profiles (both in waves and vaccination) this is relevant to the whole of the UK. But what especially jumps out is the prediction from Scottish government modelling that Omicron will account for all Covid cases by Christmas. Her document: Omicron in Scotland — evidence paper released during Sturgeon’s TV appearance pointed to modelling to suggest that half of new cases could be

Michael Simmons

Sturgeon’s 70-page dossier finds no evidence for vaccine passports

Nicola Sturgeon wants to extend vaccine passports in Scotland, and today her government released a 70-page document purporting to show evidence. The snag? There’s not a shred of evidence to show that her vaccine passports are having any effect. The document, entitled Coronavirus (COVID-19) vaccine certificationww: evidence paper update makes a very bold claim: that Scotland’s choice is more vaccine passports or restrictions. To suppress the virus further we are now faced with a choice. This is to limit social contacts and the risk of infection by limiting social contacts by closing venues, limiting group sizes and advising people not to meet each other. Alternatively we can enable people to meet

Stephen Daisley

Sunak backs the Union with cash, not love-bombs

Devolution has done so much to fracture the UK that, in Scotland, Rishi Sunak’s Budget is an event of the second order. Scottish interest in Budget day is typically limited to whisky duty, support for North Sea industries and the Barnett formula: the additional spending Scotland gets when the Chancellor splurges on England. Today’s Budget was for all of Britain. Not just Scotland, but Wales and Northern Ireland were weaved throughout Rishi Sunak’s speech. Quite apart from the fiscal or economic merits of the policies announced, the Chancellor’s speech was good politics. Not long after Sunak was promoted to the Treasury, I was told Scotland was a weak spot for him

Stephen Daisley

Why Boris is losing his fight against Sturgeon

Gavin Barwell has made a good point, albeit inadvertently. Theresa May’s former chief of staff has a book out, imaginatively titled Chief of Staff, and in it he touches upon the question of Brexit and Scottish independence. Noting that Boris Johnson is unpopular north of the border, the now Baron Barwell of Croydon says: ‘The UK government is on strong ground arguing that it is not the right time for a second independence referendum — polls show Scottish voters want the immediate focus to be on recovery from the pandemic — but the democratic mandate for the question to be asked again at some point is clear.’ No. It. Is.

John Ferry

Will Scottish independence really be ‘Brexit times ten’?

Scottish civil servants are to start work on a ‘detailed prospectus’ for independence so the Scottish government can hold another referendum ‘when the Covid crisis has passed’, Nicola Sturgeon announced earlier this month. The irony of this – coming just days before the Office for National Statistics reported that the percentage of Scots testing positive in a single week for Covid-19 equated to around one in 45 people – was lost on the First Minister. These things happen when you’re busy fighting to free your people from the tyranny of liberal democracy and free society in one of the richest places on earth. Deputy First Minister John Swinney subsequently went further when he promised a

Sunday shows round-up: ‘I’m not anticipating any more lockdowns’ says Javid

Sajid Javid – I’m not anticipating any more lockdowns The Health Secretary was the main guest of the day on BBC One’s Andrew Marr show, hosted this morning by Nick Robinson. Robinson asked Javid about the likelihood that Christmas could be threatened once again by lockdown. Javid responded by saying that it was highly unlikely that the UK would see itself in a similar position to last year, even with an expected surge of the virus over this winter: SJ: I’m not anticipating any more lockdowns… I just don’t see how we get to another lockdown. Vaccine passports will not go ahead Last week, the Vaccines Minister Nadhim Zahawi appeared

Scotland’s census sex muddle is bad news for transgender people

What is your sex? It is a simple question and one that we can all surely answer. When it comes to filling out a census, ascertaining a person’s sex is particularly important. Working out the number of men and women living in an area allows for the appropriate provision of public services. But in its approach to conducting Scotland’s census next year, the Scottish government risks undermining this. Astonishingly, according to guidance published this week, the 2022 Scottish census will allow some respondents to essentially answer what they think best. It says: ‘If you are transgender the answer you give can be different from what is on your birth certificate. You do not need

Stephen Daisley

The shame of the SNP’s grubby power-sharing deal with the Scottish Greens

This afternoon Patrick Harvie and Lorna Slater, co-leaders of the Scottish Greens, will become ministers in Nicola Sturgeon’s government. The appointments come after Green members ratified a cooperation agreement over the weekend. The unity pact is a strategic masterstroke by Sturgeon, handing her an overall majority at Holyrood, insulating her from internal SNP criticism and coopting a rival nationalist party. There is one midge in the porridge, however, and it’s this: the Scottish Greens are unhinged. Not merely eccentric or a little outside the mainstream, but full-blown, solar-powered, honest-to-Gaia cranks. For an illustration, consider a motion debated at their autumn 2015 conference in Glasgow. I was a political reporter back

John Ferry

When will Nicola Sturgeon see sense on Scotland’s mounting deficit?

UK borrowing in 2020-21 hit a record level of almost £300 billion, representing 14.2 per cent of British GDP, reported the Office for National Statistics in June. In the face of the biggest spending challenge since the Second World War, the Treasury, backed by one of the world’s most established central banks, stepped up to supply all the funding needed to pay for furlough, business support and a highly successful vaccination programme. Now imagine a prime minister in receipt of those borrowing numbers announcing that the future path for the UK is clear: we must disband the Treasury and Debt Management Office; shut down our central bank; start again from scratch