I
am pleased to have the opportunity to make a statement on an independent Scotland’s
continuing membership of the European Union and to respond to recent statements
by the President of the European Commission, Jose Manuel Barroso.
Firstly,
let me be clear that the Scottish Government believes that Scotland should continue to be a member of the
EU; a view that does not appear to be shared by a UK government that is displaying
ever increasing signs of Euro-scepticism. Indeed, in my view, it is the overtly
hostile stance of the UK
government – or at least significant parts of it – that presents the real risk
to Scotland’s
continuing membership of the EU.
This
government believes that Scotland
does benefit from EU membership and that the EU benefits – enormously – from
having Scotland
as a member. It is also our view that Scotland’s interests would be better
represented in the EU by an independent Scottish Government, with a seat at the
top table, able to speak up for our national interest without having to seek
the prior permission of UK ministers; and a government able to work closely and
constructively with partners across these islands, and across the EU, to
advance our shared interests.
Presiding
Officer, that is our ambition for Scotland’s
future in Europe. It is positive and
constructive – with Scotland’s
and Europe’s best interests at its heart - and it stands in sharp contrast to
the stance of the UK
government.
Let
me turn now to the recent statements of the President of the European
Commission.
As
head of the Commission, Mr Barroso’s opinion on this matter should be – and
will be by this Government - treated seriously and with respect.
That
is why I have written to him seeking an early opportunity to discuss the
particular process by which Scotland
would become independent and the implications of that for our continued EU
membership.
However,
in doing so, it is important that I also set out the following points.
Firstly,
the European Commission, however important, is not the final arbiter of these
matters. Mr Barroso’s statements do not constitute a ‘ruling’, as some have
suggested. Nor does the Commission even claim to be specifically addressing the
particular situation of Scotland.
Indeed,
the President of the Commission himself made clear, in his letter to the House
of Lords Committee, that ‘the European Commission has expressed its views in
general…’
Second,
there is absolutely no provision in the EU Treaties for the dis-application of
those Treaties or the removal of EU citizenship from a country and its people
when they exercise their democratic right to self-determination. And it would
be extraordinary if anyone in this chamber - or indeed anyone else committed to
the principle of democracy - was to suggest that there should be.
Indeed,
Mr Barroso said in response to a question on 10 November 2012, ‘There are no
provisions in the Treaties that refer to the secession from a member state.’
Therefore,
what I want to outline to the President – and indeed hear his views on – is the
specific process by which Scotland
would become independent and the way in which we would seek to ensure that our
intention to remain within the EU is achieved.
Firstly,
let me deal with the process of independence. As a result of the Edinburgh
Agreement that process is democratic, agreed and consensual and the result will
be respected and implemented by both the Scottish and UK governments.
Following
a ‘yes’ vote in 2014, a process of negotiation will take place with the UK government
on the transfer of powers to an independent Scottish Parliament. As I said last
week, it would be the intention of the Scottish Government to invite
representatives of the other parties and of civic Scotland to contribute to that
process. It is a process that we would intend to have completed in time for the
next Scottish election in 2016. However, in the period between autumn 2014 and
May 2016, Scotland would
still be in the UK
and, therefore, by definition, still within the EU.
In
parallel to negotiations with the UK
government, it would be our intention to negotiate the terms of an independent Scotland’s
continuing membership of the EU.
And
here I should point out that the need for negotiations with the EU was made
clear by the Scottish Government in Choosing
Scotland’s Future in 2007, in Your Scotland, Your Voice in 2009 and in Your Scotland, Your Referendum in
2012. And it is worth remembering that these are matters that are likely to be
about political negotiation more than they will be about legal process.
Let
me also pause here to reflect on the position of the UK in such negotiations. It would
be interesting to hear those who argue that an independent Scotland would have
to reapply for EU membership explain in some detail why that same argument
wouldn’t also be true of the rest of the UK, given that the democratic process
we are engaged in would lead to the dissolution of the UK in its current
political form. However, since I do not believe that we would be in a formal
re-application situation, I will not dwell on that point.
However,
what will undoubtedly be the case is that negotiation on terms of continuing
membership will be highly relevant to the rest of the UK which will
require to determine, for example, its own number of seats in the European
Parliament and its revised financial contribution.
So,
I believe Scotland and the
rest of the UK
would have a shared interest in concluding such negotiations smoothly and
quickly.
And
I believe that such a sensible process of negotiation will result in Scotland’s
continuing membership of the EU on terms that are reasonable. And by that I
mean, for example, that just like Sweden, we would not join the Euro until and
unless it was in Scotland’s interests to do so and we had satisfied the
conditions for doing so. And, just like Ireland,
we would not enter Schengen but would instead look to co-operate with Ireland and the rest of the UK in the
Common Travel Area. Both of these positions are practical and justifiable and
would, I am sure, be supported by all parties here in Scotland. And,
given their approach in other circumstances, the evidence suggests they would
be understood by our European partners.
I
will cite two reasons for my view and, in so doing, I am very deliberately
relying, not simply on arguments of law or process, but on arguments of common
sense, reality and mutual self-interest.
Firstly,
the EU is an organisation that welcomes new members. It wants others to join –
it most certainly would not want to see existing parts of its territory leave.
Let
me quote, again, the words of Mr Barroso, this time on 11 September – ‘I see no
country leaving and I see many countries wanting to join.’
The
EU is also an inherently flexible organisation – it adapts, as indeed it
should, to the changing circumstances of its member states. To demonstrate
that, we just have to look at how quickly and smoothly the former East Germany
was integrated into the EU following re-unification. Indeed it’s instructive to
read the press release issued by the Commission about East Germany in
1990. It said, ‘The community institutions have all done their utmost to bring
about the integration of what was the German Democratic Republic as smoothly as
possible and within the timescale allowed by the unification process.’
There
was no direct precedent for what happened with East
Germany – just as there is no precedent for what might
happen in Scotland
– but the EU found a solution that is consistent with the principle of sincere
co-operation that lies at the heart of the EU Treaties. They adapted and they
did it on the basis of common sense and accommodation of internal decisions
taken by one of its member states.
My
second reason for believing that Scotland would continue in
membership of the EU is that it is overwhelmingly in the EU’s interests for us
to do so.
And
by that I don’t just mean that to go through the complicated process of putting
Scotland outside the EU, just for us to be readmitted later, would be – as
Graham Avery, an Honorary DG of the Commission, said – 'not feasible'.
I
mean that Scotland’s vast assets – fishing, oil and gas, renewables; our value
as an export market to other member states; our education system enjoyed by
thousands of EU students every year; and our status as home to tens of
thousands of EU citizens, mean that the economic, social and political
interests of the EU would be best served by Scotland remaining in continuous
membership.
Let
us just look at some of that in more detail. We have around 90% of the EU's oil
and gas reserves. We accounted for around two-thirds of EU crude oil and a
fifth of EU natural gas production in 2009. An independent Scotland would
be the largest producer of oil and the second largest producer of gas in the
EU.
In
2010/11, there were more than 16,000 EU students enrolled at Scottish HEIs and
150,000 EU citizens living here by virtue of the freedom of movement that comes
with us as being part of the EU.
We
are an integral member of the EU and it is not credible to argue that the other
nations of the EU would not want to retain access to the vast array of
resources and opportunities that Scotland brings to the EU table.
Indeed,
if the opposition parties have Scotland’s best interests at heart then –
notwithstanding their opposition to independence – they will accept that, in
the event of a ‘yes’ vote, the process I have outlined today would be in the
best interests of Scotland, the UK and the EU.
Presiding
Officer,
As
I said earlier, I have sought the opportunity to discuss the matter with Mr
Barroso in the near future.
I
will be happy to update parliament again following that discussion.
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