It has taken us a little while to take stock of the post-election situation and for that we apologize to our readers. A rather boring election campaign was followed by an exciting election night and the results were unexpected in many quarters. For those of us who predicted a small Conservative majority the sight of so many commentators and pollsters with, not to put too fine a point on it, egg on their faces, was quite a pleasure.

Still, one needs to get over that and look at what is happening. A Conservative government, with no coalition partner who can be blamed for things possibly going wrong is something that will take some getting used to. In the first place, that means an IN/OUT referendum on the European Union as it was made clear in today's Queen's Speech.

My government will renegotiate the United Kingdom’s relationship with the European Union and pursue reform of the European Union for the benefit of all member states.

Alongside this, early legislation will be introduced to provide for an in-out referendum on membership of the European Union before the end of 2017.

The SNP are already making noises in favour of another Scottish "independence" referendum, should the UK, as a whole, vote to leave (that is when they are not breaking Parliamentary convention by rushing in to occupy long-standing members' places and applauding their leader for making a fairly pedestrian speech). What remains unclear is whether that demand would still be made if the vote in Scotland was clearly in favour of Brexit - a word we must get used to as it will be around a lot.

The SNP's situation is rather curious. Out of all the parties it has done best of all under the first past the post system yet it has, though rather half-heartedly, shown some support for those who are calling (as it happens after every election) for a reform of the system towards some form of proportional representation. The truth is that a national PR system will leave the regional parties like the SNP and Plaid Cymru nowhere while a regional PR system will not satisfy those who think that electoral reform will get rid of anomalies. After all, it can hardly be considered as fair to have a party with 56 seats on 4.7 per cent of the vote when the Liberal-Democrats have 8 on 7.9 per cent and UKIP only e on 12.6 per cent, if one considers that the national vote is what matters. Those who prefer a system that links electors directly with the representative they vote for, that is their MP accept these anomalies, knowing full well that there is no such thing as a completely fair system. The truth is that fairness in politics is well nigh impossible to define, let alone put into place.

It is interesting to compare the SNP votes with those cast in the independence referendum of last year, particularly as we hear a great deal about this being a sort of a second referendum without anybody saying so. In fact, the question of Scottish independence was not raised during the electoral campaign and it is hard to prove that all those who voted for the SNP did so because they believed in it.

In fact, the SNP vote, at 1,454,436 was lower than the Yes vote in the referendum, 1,617,989, let alone the No vote at 2,001,926. The turn-out, at 71.1 per cent was higher than UK average at 66.1 per cent but considerably lower than the referendum turn-out at 84.59 per cent. It is, in the opinion of this blog, hard to prove that the overwhelming SNP success on May 7 was really a vote for Scottish independence, which was roundly rejected in the referendum.

So much for that. What of the SNP's view on the European Union, the country's membership of it and, above all, on the common fisheries policy. This blog has maintained for a long time that the SNP's understanding of the common fisheries policy is faulty to put it mildly (here and here among others).

It would seem that others have noticed problems as well. David Torrance, a well known historian, biographer and commentator on Scottish affairs wrote two days ago in The Herald that the SNP's position on staying in "Europe" was incoherent.

Europe is one of those issues on which the SNP has an apparently simple position (pro) but which, on closer examination, becomes a bit of a mess. Shortly before last year's European Parliament elections Mr Salmond, Nicola Sturgeon et al started inserting little caveats into their pronouncements, largely to the effect that the European Union wasn't perfect, "far from it".

But to my knowledge there's been no attempt to explain in what way they would help make it a more perfect union. Indeed, there's little evidence the SNP has done any serious thinking about the EU since around 1988, when it committed to "independence in Europe", a slogan rather than a policy.

Even that didn't make an awful lot of sense: why so alive to sovereignty within the UK but relatively relaxed when it comes to the EU?

But it goes deeper than that, for the roll call of things the SNP doesn't like about Europe is quite long: the single currency, Common Fisheries Policy and closer fiscal integration, which the present First Minister has several times made clear she doesn't support. Even the European Convention on Human Rights (which exists separately from the EU) has come under fire from Nationalists, chiefly its ruling against a blanket ban on voting rights for prisoners.

Then there's the rhetoric. SNP press releases rail against the "Tory obsession with ripping Scotland and the rest of the UK out of the EU" and Scotland being "dragged out" against its will. Yet when Unionists deployed similar language to describe Scotland vis-Ã -vis the UK they were accused of being alarmist and melodramatic. Similarly, it's difficult to argue that Scotland leaving a highly-integrated UK would somehow be hassle free but the UK exiting a much looser union would "threaten" jobs and the economy, yet that's exactly the SNP's position.

The one thing we do know (for the time being) is that Alex Salmond will campaign anywhere and with anyone for the UK to stay in the EU and that he thinks he is a much better man to lead the IN campaign than the Prime Minister. Well, that is until he changes his mind again.

On one issue Mr Salmond is right in the article linked to above: Mr Cameron has not so far mentioned "replacing the Common Fisheries Policy which is a key failure of the European Union and has never done anyone any good!". The trouble is that Mr Salmond has no clear ideas of what he wants to replace the CFP with and how would he go about doing so within the European Union where any real changes to the fisheries policy would require a treaty change with all that entails.

Meanwhile, the Conservative MEP Daniel Hannan, an unashamed outer though prepared to come up with ideas for David Cameron to use in his negotiations, thinks that the Prime Minister could ask for a great deal more than he has mentioned so far. One of the things he could ask for would be Britain's exit from the common fisheries policy. Yes, that would require treaty changes but any serious reforms would require that and if those reforms are not serious they are not worth negotiating for.

Among other things the Queen's Speech touches on further developments in the process of devolution:

My government will also bring forward legislation to secure a strong and lasting constitutional settlement, devolving wide-ranging powers to Scotland and Wales. Legislation will be taken forward giving effect to the Stormont House Agreement in Northern Ireland.

My government will continue to work in cooperation with the devolved administrations on the basis of mutual respect.

My government will bring forward changes to the standing orders of the House of Commons. These changes will create fairer procedures to ensure that decisions affecting England, or England and Wales, can be taken only with the consent of the majority of Members of Parliament representing constituencies in those parts of our United Kingdom.

There is much talk about letting Scotland have the fiscal autonomy its First Minister apparently has asked for on the grounds that a real fiscal autonomy would not be to the SNP's taste. Yet, we in FAL and on this blog think that there is another way the SNP can be put on the spot as well and, maybe, induced to change its policies.

Why not take up Mr Salmond's rather inadequate suggestion and develop it by making a withdrawal from the common fisheries policy and a complete renegotiation of fisheries agreements with other EU member states on the basis of the UK's independent control of its fishing grounds one of the cored demands? Given what a mess the CFP has been over the years, it is likely to be a very popular policy across the political spectrum.

First of all, here is an interesting time line that we have referred to before. It is always good to be reminded of such matters:

SNP TIME LINE -- from National Control to EU Integration 2003 Alex Salmond launches Bill to withdraw from Common Fisheries Policy.

2006 SNP October Conference, Richard Lochhead refers to ‘elephant in the room’ the CFP will always undermine our efforts to take the industry forward to better times. Only when Scotland regains control of our own waters will we be able to plot a course into calmer waters for our fishing communities”.

2007 SNP’s Manifesto -A better future outside the CFP The SNP will continue to work for withdrawal from the Common Fisheries Policy and will not support any future European Constitution that grants the EU "exclusive competence" over this valuable resource. We will work with our partners to enlist support for the repatriation of fisheries responsibilities to member states.

2008 31 July FAL’s first meeting with Richard Lochhead as Cabinet Secretary when he reaffirmed the SNP and therefore the new Scottish Government’s stated aim of withdrawal from the CFP and restoring national control.

2012 Your Scotland Your Future “With independence we will remain part of the EU.” Richard Lochhead 2014 Independence will result in direct representation in the European Union and ability to negotiate our priorities without compromise.

2014 The SNP’s policy of repatriation of fisheries, of the aspiration of national control has been discarded

So that's that. For whatever reason the SNP does not envisage an "independent within the EU" Scotland running its fisheries policy. Instead, the EU will continue to decide matters centrally, for political reasons and then generously hand over a few details of administration to the regions. Nor will Scotland be negotiating with Norway, Russia, Iceland or Greenland - the EU will be doing that.

That are other interesting pieces in the Newsletter, to be discussed and dissected in future postings.

FAL has gone to some trouble to work out the SNP's timetable on the subject of the Common Fisheries Policy and, in the circumstances, this is information that needs to be widely known.

Let's have a look, shall we?

FAL Newsletter December 2003: 

SALMOND LAUNCHES BILL TO WITHDRAW FROM COMMON FISHERIES POLICY Banff & Buchan MP Alex Salmond has published a Private Member’s Bill in the House of Commons, which carries cross-party support, aimed at scrapping the Common Fisheries Policy. 


 Entitled the “Fisheries Jurisdiction Bill”, Mr Salmond’s Bill would have the effect of withdrawing the UK from the CFP and asserting national control over Scottish, English, Welsh and Northern Irish waters. 


 “This Bill is one of only a handful in recent years which carries the support of MPs from every political group in the House of Commons – such is the upsurge in anger and frustration at the disastrous impact of the Common Fisheries Policy."


Or, in other words, in 2003, less than a decade ago, Alex Salmond was in favour of the United Kingdom withdrawing from the CFP. Whether that could be achieved or not while the country remains in the EU is, in this case, irrelevant. That was, apparently, his opinion.

On October 12, 2006 FAL held a fringe meeting at the SNP Conference in Perth.

At that time SeaFAR (Seafisheries Advisory and Reference Group) an industry government body, had just issued its Action plan for "A sustainable, profitable and well managed Scottish fishing industry within the EU".  


This was the title of the topic at the meeting with the added words - "Fact or Fiction?"


Richard Lochhead MSP, Shadow Minister for Environment, Rural Affairs, Energy and Fisheries had welcomed the plan but added that it would not work because the Labour-led government had not recognized the simple fact that Scotland's fishing grounds were controlled by the EU through the CFP.

At long last and seven years into our Scottish Parliament, the Labour-Lib Dem government has recognised the need for a strategy for one of our most vital industries. 


 However, the reality is that regardless of how many good measures it may contain, it ignores the elephant in the room, namely, the Common Fisheries Policy which will always undermine our efforts to take the industry forward to better times. Only when Scotland regains control of our own waters will we be able to plot a course into calmer waters for our fishing communities.


Clear enough and accurate enough.

In 2007 the SNP had this in its Manifesto:

A better future outside the CFP 

The SNP will continue to work for withdrawal from the Common Fisheries Policy and will not support any future European Constitution that grants the EU "exclusive competence" over this valuable resource. We will work with our partners to enlist support for the repatriation of fisheries responsibilities to member states. 


We favour national control over fisheries, which conserves stocks as well as the livelihoods of fishing communities. While we recognise that international cooperation is required in the management of fish stocks, conservation is not being achieved in the CFP. Our maritime neighbours Norway, Iceland and the Faeroe Islands all operate economically successful and environmentally sustainable fisheries outside the CFP. Scotland can emulate their success.


On July 31, 2008 Richard Lochhead reaffirmed during a meeting with FAL that the SNP and, therefore, the new Scottish government supported withdrawal from the CFP and restoration of national control over fisheries.

Well that was then. Since 2008 the notion of national control has been diluted somewhat.

On November 2, 2011 Richard Lochhead MSP. Cabinet Secretary for Rural Affairs and the Environment, Scottish Government was giving evidence to the House of Commons Environment, Food and Rural Affairs Committee. The Report on EU proposals for reform of the Common Fisheries Policy was later published.

Q. 236 from the Chair of the Committee:

You would not wish to repatriate fishing policy?


Mr Lochhead's response:

No, our policy is to work towards repatriation of fishing policy from Europe to member states, and then allow us to work on a regional basis with other member states, where appropriate.


The questioning followed on:

Don’t you agree that the Commission is, in all but name, travelling in that direction? Mr Lochhead's answer was reasonably clear though one must forgive him the politician's phraseology: I very much welcome the direction of travel if we are able to get on that road and drive along it. That is why we are waiting to find out if it is legally possible. There are a lot of unanswered questions. There will still be some decision making at Brussels level. There is how the regional body is going to work and how much decision making they will actually have. It is a question perhaps you can ask me once we have the new CFP in place but, at the moment, we have great concerns over the principle that Europe lays down our seas as a common resource. We believe that these decisions should be taken at member state level.


Since then Richard Lochhead who, we must assume, speaks for the SNP on the subject has been talking more about the Scots "being good Europeans" than any straightforward notion of repatriating the fishing policy even assuming he knows how he could go about it .

2012 Your Scotland Your Future

“With independence we will remain part of the EU.” Richard Lochhead


 With full participation, we will be enthusiastic and active Europeans though we will always make sure Scottish interests are fully and firmly represented. We will also be able to communicate our often distinctive circumstances and needs, particularly in areas such as fishing, at the top table. We will, for instance, argue for the replacement of the current Common Fisheries Policy.


One would think that this idea of communicating distinctive needs and circumstances "at the top table" has not been particularly useful to the UK government who, let us not forget, tend to use similar words. Why does Mr Lochhead think that miraculously it will work for a much smaller country that Scotland will be, should it acquire "independence within the EU", another impossibility.

On May 18, 2012 Richard Lochhead wrote in Fishing News about reforming the CFP. Had he read or listened to the numerous briefings FAL had submitted to him he would have realized that reform is not really possible while the basic concept of the CFP - integrated EU fisheries is in place.

Finally, here is a slightly hard to fathom comment from Richard Lochhead, made during a debate in the Scottish Parliament on June 7, 2012:

  The debate has been dominated by the issue of regionalisation and bringing more decision making closer to home to regional bodies—and, I would argue, member states. I was slightly disappointed by comments attacking the concept of nationalising the CFP and should point out that the European Commission, the European presidency and other member states have a degree of sympathy with the idea of passing powers back to member states, not just regional bodies.

 What we would really like is a clear indication of whether the SNP is still in favour of pulling out of the CFP. Then we would like to hear how they intend to achieve it.