Britology Watch: Deconstructing \’British Values\’

13 October 2011

Scottish independence could free England to be herself

Scottish independence could be just the tonic England needs. It could set England free to be what she wants to be, to pursue her destiny and return to her roots. In fact, it could free England to be what many would like Great Britain to be today but can’t be, because it is being pulled in too many contrary directions.

England always has been and still is the national core of Great Britain and the United Kingdom: the constitution, parliament, monarchy and established religion of Great Britain and the UK are a continuation of the historic constitutional foundations, parliament, monarchy and established religion of England prior to the union with Scotland in 1707. This continuity is the underlying, ‘objective’ reason why English people traditionally have regarded ‘England’ and ‘Great Britain’ as synonymous: they have re-imagined Great Britain, and to a lesser extent the UK, as an extension of the English nation across the whole territory of Britain (and Ireland) – as ‘Greater England’. And this is because, at a fundamental, constitutional, level, Great Britain was a continuation of the historic English nation, except with Scotland grafted in.

Through the Acts of Union in 1707, Scotland started to be governed via the constitutional and parliamentary arrangements that prevailed for England and Wales, which remained unchanged. This was so much the case that some Scottish MPs at the time were amazed that the Scottish parliament was simply abolished and that the existing English parliament carried on in exactly the same way as before, except with the addition of the Scottish MPs. This was not the creation of a new British nation, distinct from the two nations from which it was formed, but an effective take-over of Scotland by the English state. In modern corporate terms, it was not a merger of equals; and though the new merged company might take on a new brand, it retains the same culture and corporate governance practices – and power structures – of the larger, acquiring entity. Or to take a political analogy from modern times, when West and East Germany were reunified, there were many in the former DDR who hoped this would result in a completely new German state, with a new constitution and identity. Instead, reunification simply took the form of adding the federal states of the DDR in to the existing Bundesrepublik: the identity of the state remained fundamentally that of the former West Germany, even though the united Germany had been created from the merger of two previously separate nations.

Over time, many people both south and north of the Scottish border did begin to see Great Britain as a nation in its own right and ‘British’ as their primary national identity, to which the distinct identities of ‘English’, ‘Scottish’, ‘Welsh’ and, to a lesser extent, (Northern) Irish were subordinate and secondary. Perhaps the high point of this British nation was the Second World War, which brought people together from across the UK in a shared fight for freedom from tyranny. In the post-war period, this national-British solidarity took expression in the welfare state and nationalised industries, which were the embodiment of much that the British people had fought for in the war: a fairer, more equal society, with national, publicly owned assets and services designed to ensure productive employment and protection against chronic poverty for all. Alongside this, undeniably, One Nation Conservatism was also influential in fostering the sense that all in Britain were engaged in a shared effort to build a more prosperous, stronger nation; and that the wealthier sections of British society had a responsibility towards the less well-off, whichever part of Britain they lived in.

Since then, and particularly over the last 30 years or so, most of that national-British solidarity and sense of being ‘in it together’ – to quote a phrase – has been eroded, probably irrevocably. It isn’t only devolution that has brought this about. Devolution was in many respects a product of the undermining of a shared sense of national purpose that had taken place over the previous 20 years; but it also undoubtedly accelerated the process of the British nation’s disintegration.

What were the causes of this slow decay? Well, without doubt, the Thatcher government’s assault on the welfare state, the privatisation of the nationalised industries and even the smashing up of union power – unions being another embodiment of the sense of shared commitment to equality and fairness across the UK’s constituent countries – played a considerable role. It has been well documented how the Thatcher revolution contributed to disaffection with the Union in Scotland, as people there strongly objected to the market-economic policies of an ‘English’ Conservative government they had never voted for, and which also chose Scotland to trial the hated Poll Tax.

But the privatisation of state-owned industries, the under-investment in public services and the weakening of the welfare state also loosened the bonds between English people and the British state. English people lost their sense of confidence that the British state belonged to them and was ‘on their side’. If there is ‘no such thing as society’, as Margaret Thatcher once said, can there also be a nation? In other words, the rolling back of the state from the lives of its citizens made Britain less relevant and valuable to English people, and undermined the sense of belonging to a single British nation in which people were prepared to give up more of their hard-earned wealth for the sake of less well-off citizens elsewhere on the island, on the previously safe assumption that the system would take care of one if one needed it to. If it was every man for himself, maybe it should also be England for herself.

Scrolling forward to today, this sense that the British state has abandoned its unwritten promise to treat all its citizens fairly and equally has undoubtedly fuelled the huge resentment in England towards the Barnett Formula: the unequal public-spending formula that enables Scotland and Wales to continue to provide many of the free public, and publicly owned, services of the former British welfare state that have been withdrawn in England. This is of course further exacerbated by a sense of democratic unfairness linked to the fact that the more small-state, market-orientated policies in England have been introduced by Parliament with the support of Scottish and Welsh MPs whose constituents are not affected by them, while the devolved parliament and assembly respectively in those countries have pursued more traditional statist, social-democratic policies. It’s not that England would necessarily have chosen to go down the same social-democratic route as Scotland and Wales if we had had our own parliament, but that we’ve been denied the choice. The British state has pulled away from deep involvement in English public life while denying the English people the freedom to determine their own national priorities. And it compounds this betrayal by lying to the people of England that the old united Britain still exists, and by suppressing references to the England-specific scope of much British legislation and policy, so that English people do not realise how differently and undemocratically they are being treated.

Over and above this situation of fiscal unfairness and democratic disempowerment, the present devolution settlement and English resentment towards it risk tearing apart those essentially English constitutional foundations of the Union. A dual dynamic has increasingly left England without any status or role in the very state that it once viewed as its own. Whereas Scotland and Wales have increasingly established distinct national political and cultural identities (breaking up that sense of a unified Britain of which England thought of itself as the centre), the British establishment has also increasingly sought to suppress the corresponding emergence of a distinct English identity, or at least to restrict ‘Englishness’ to the merely cultural sphere so that it doesn’t express itself in terms of demands for an English-national politics (parliament and government). Such a development would usher in the end of Britain as a nation in its own right, replacing it with some sort of federal or confederal Union of multiple nations or even just a collection of separate, sovereign nations.

I’ve discussed and analysed this dynamic in many previous posts, so I won’t belabour it. However, the essential point I would like to make is that a British Union-state built on the would-be suppression of English political nationhood would ultimately implode because it would undermine its own traditional English foundations: monarchy, Church, parliamentary sovereignty (a principle established through the upheavals of the English Civil War and Glorious Revolution in the 17th century), and constitutional and legal principles dating back to Magna Carta in the 13th century. For all their flaws and need of modernisation, English people are deeply attached to these anchors of English tradition and identity. Attempts to strip away these core English elements from the British constitution, motivated by a desire to consolidate an integral British nation to which Scotland and Wales may still wish to belong, will ultimately serve only to undermine the adherence of English people to Great Britain, and their identification as British.

Measures that could bring about such a severing of the organic ties between England and the Union include things like abolishing the Acts of Succession and Settlement, which would probably lead to the disestablishment of the Church of England (because the monarch could then be non-Anglican), and instituting a new British Bill of Rights, which would supersede and hence render constitutionally superfluous core English legal documents such as Magna Carta and the English Bill of Rights of 1689.

It seems, however, that repealing or at least fundamentally modifying the Acts of Succession and Settlement – to say nothing of the Acts of Union and the English Bill of Rights – is precisely what David Cameron’s coalition government may have in mind if reports of their intention to allow the monarch to marry a Catholic (proscribed by the Act of Settlement) are to be believed. According to yesterday’s report in the Guardian: “Cameron is . . . proposing that Catholics should continue to be debarred from being head of state [as specified in the Acts of Succession and Settlement], but that anyone who marries a Catholic should not be debarred. The family would be entitled to bring up their children as Catholics as long as heirs do not seek to take the throne as a Catholic”.

If this is what Cameron is really thinking, then it reveals constitutional and ecclesiastical illiteracy of the highest order. There’s an absolutely irreconcilable contradiction here: the temporal head of the Church of England (the monarch), no less, marries a Catholic and then brings up his or her children as Catholics; but then, when it is time for the first-born (male or female, as Cameron is also proposing to scrap primogeniture) to inherit the throne, they are expected to renounce their faith (and become Anglican, or not?). Here’s how this does not stack up:

  1. The monarch as temporal Head of the Church of England cannot possibly marry a Catholic and bring up his children as Catholics. How can someone who stands guarantor for the fact that the faith of the land will remain Anglican (fidei defensor) bring up his own children in another faith? He or she is head not only of the Church of England but of his own spouse and family, so his or her faith must be the faith in which the family lives and is raised.
  2. However, in order to be permitted by the Catholic Church to marry a Catholic, the husband and wife would have to give a commitment that the children would indeed be brought up as Catholics. Therefore, the Head of the Church of England, and king or queen of England – or Great Britain, if you prefer – would be subject to the authority of the Church of Rome in spiritual and domestic matters, as would his or her heirs.
  3. Is it then reasonable or even possible to expect the rightful successor to the throne to renounce the faith they have been brought up in in order to inherit the crown? Once a Catholic, always a Catholic, at least in the eyes of the Catholic Church: if you’ve been baptised and confirmed in the Catholic faith, you remain subject to the spiritual authority of the Church, and are considered by the Church as remaining one of her members, no matter what alternative declaration of faith or unbelief you might subsequently make. It’s up to the Church to unmake a Catholic through excommunication. And you can’t decide to allow the monarch to marry outside of the Church of England, and allow first-born females to automatically become first in line to the throne, on the grounds of non-discrimination and then decide to debar first-born, Catholic children of the monarch from inheriting the crown.

As stated above, this is clearly an absurd plan; but that won’t stop constitutionally illiterate and anglophobic politicians from seeking to implement it. These proposals would inevitably lead to the disestablishment of the Church and the abolition of the provision that the Head of State must be Anglican, in order for him or her to be able to serve as temporal Head of the Anglican Church. And all of a sudden, the entire, English constitutional foundations of the British state would crumble: no longer officially an (Anglican-) Christian country; no longer at root the continuation of the historic English state; the monarch no longer inheriting the sacred duty of English kings to ensure that the Church (of England) remains the established religion and that the (Protestant) faith is upheld throughout the greater British realm; the monarch no longer having an absolute claim to the loyalty and devotion of his or her subjects, which is founded on the monarch’s fidelity to this sacred oversight over the kingdom’s spiritual weal; and similarly, the very sovereignty of Parliament fatally undermined because Parliament’s absolute power and moral authority derives from that of the monarch (it’s the sovereignty of the crown-in-Parliament), which in turn derives from the monarch’s status as God’s appointed representative for England / Great Britain: the roles of head of state and Head of the Church being absolutely indivisible.

So, no Act of Succession / Settlement = no Christian underpinning for the state = no basis for preserving the monarch and Parliament as currently constituted = no England as the heart beat and core identity of Great Britain.

But if Great Britain were no longer fundamentally a continuation of England’s most cherished traditions and constitutional foundations, why would English people wish to remain part of it?

Why undertake such a radical overhaul of the English foundations of the British state now, at this point in history, when the existence of Great Britain is threatened as never before by the drive towards Scottish independence? Is Cameron’s urge to eliminate marital inequalities of every kind (the debarring of gay persons from marriage (as underpinned by the Christian foundations of English law), and the debarring of kings and queens of the UK from marrying non-Anglicans) in fact at heart motivated by a wish to recast and transform for ever that other marriage of unequals: Great Britain itself? Why, after all, should a British monarch, and his or her family, have to belong to the English religion at all? Why could they not be Scottish Presbyterian, Welsh-Non-Conformist, Catholic or, while we’re at it, Jewish, Muslim, Hindu or of no religion at all? Why should the Church of England be hard-wired into the British state as its official religion by means of this ‘discriminatory’ law that prevents the king or queen from marrying, and indeed being, a non-Anglican? Why indeed?

Cameron, as we know, is desperate to avoid being the last prime minister of the UK as currently constituted, i.e. as the United Kingdom of Great Britain and Northern Ireland. But by tearing out the English foundations of the state, he ironically risks de-constituting the UK. A United Kingdom, even some sort of secular British nation, might well emerge from the carnage; but it would not be the UK that Cameron ostensibly seeks to defend: one that has England at its heart, and which English people, still today, hold dear to their heart.

But if it is those core English elements of Great Britain that one is seeking to preserve and carry forward to posterity – monarchy, Church, Parliament and English liberties – why go to all the trouble of re-casting them as something new, secularised and non-English British when it looks increasingly likely that Scotland will decide to leave the UK anyway? And perhaps that would be the best thing for all concerned. Perhaps it would enable England to retain its cherished traditions, institutions and constitutional foundations as English – and as part of a renewed English settlement – rather than trying to fall over backwards to create a de-anglicised settlement that the Scots don’t want anyway.

I’m not saying that England should maintain all of her ancient constitutional foundations unchanged should Scotland decide to go her own way. But it would be England’s choice whether to remain a Christian kingdom and how to translate that core identity into her laws, customs and institutions. Personally, I envision an England that would return to and deepen its Christian roots, perhaps going further than the historic Anglican settlement to reconnect with her ancient Catholic, but not necessarily Roman Catholic, heritage. At the very least, the new England would be a country where we could once again be proud of our Christian and non-Christian, English traditions, and not be ashamed of them or afraid to express them openly out of some misplaced desire not to offend our non-Christian and non-English fellow citizens – but equally not foisting our beliefs and practices on to others in a way that fails to respect their liberty and freedom of conscience. As for the doctrine of parliamentary sovereignty, this is something that probably does need to be transformed or at least redefined, such that the sovereignty of parliament more truly expresses, and is subject to, the will of the people, rather than being simply heir to the sovereign right of kings over and above the people.

But the point is it would be England’s choice how to take forward England’s constitution to an English future. And this could ironically be the surest way to preserve what many unionists now cherish most profoundly about Great Britain and the UK.

By contrast, Cameron’s way of de-christianising and de-anglicising the British state could be the quickest path to its total implosion.

  English parliament

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8 July 2008

What are we fighting for? Libertarians and nationalists must make common cause

There has been much discussion recently – including on this blog – about whether English nationalism can be reconciled with progressive politics; and whether progressives need to espouse the nationalist cause, associate it with left-of-centre values, and thereby prevent it from falling into the hands of the far right.

I would go further. I would say not only that English nationalism could and should be taken up as a progressive cause but that it should also be at the forefront of the great cause célèbre of the moment: the fight to preserve our civil liberties, currently being championed by the former Conservative shadow home secretary David Davis through the by-election he has called to force a public debate on the issues.

I would recommend to my readers the excellent article by Anthony Barnett of the OurKingdom blog on David Davis’s stand and its significance, if they haven’t already come across this. I left a long’ish comment on it, which I reproduce here, as it summarises my thinking and leads to the point I want to make now:

“This is why we should have the confidence to celebrate the fact that a leading politician is taking issues of principle and government to the people, irrespective of his party politics.

“Especially in Britain (or should I say England, as arguably Alex Salmond has already done this in Scotland).”

Naturally, I see this caveat – “or should I say England” – as key. You won’t see Scottish or Welsh nationalists mounting your barricades, as they’re not interested in building open, representative and constitutional British democracy.

The way I’m interested in framing the issue is as follows: is the British state and parliament losing its democratic legitimacy as a consequence of measures such as 42 days and identity management; or is its recourse to such measures a consequence of the fact that it is losing its legitimacy? One of the truths that the database society manifests is that government no longer trusts the people; and it no longer trusts the people because it has lost the trust of the people.

But it’s not just about government but about the state: the British state, in particular. You’re right to link the ‘transformational government’ programme to the break down of the unitary state that the Labour government itself initiated through devolution. The whole British establishment knows that it is engaged in a battle for its very survival and that its legitimacy to represent and speak for the different nations of Britain has been fundamentally and fatally undermined.

And this is why, in more than a merely metaphorical or rhetorical sense, every citizen becomes a potential terrorist: someone whom the government suspects of wishing the British state as presently constituted to fall apart – which growing ranks of its citizenry do in fact wish. 42 days and systematic identity management across all government departments are of a piece, in that they are about – as you put it, quoting from ‘Who do they think we are?’ – discovering the “deep truth about the citizen (or business) based on their behaviour, experiences, beliefs, needs or desires”.

In other words, it’s about finding out who is an enemy of the state: the enemy within. For most of us, ID cards and CCTV surveillance are ‘sufficient’ for the state apparatus to reassure itself that we are not a serious threat. For the rest of us, there’s 42 days. But the danger is in the blurring, in the eyes and state machinery of paranoid control, between legitimate, democratic antagonism towards the state, and illegitimate, physically violent hostility: terrorism.

I’m an enemy of the British state, in that I’d like to see it replaced by a federal state or abolished altogether (i.e. through Scottish and English independence). And if we had a federal state, this should have much less central power, with most of the national-level decisions taken by an English parliament and a much stronger local-government sector. Does this make me ‘suspect’ in the eyes of the database state? Probably, yes: and therein lies its true danger.

But we need to be clear that the fight is not just with ‘the state’ in some universal sense; but with the British state. And this is because it’s primarily an English struggle, as the Scots and Welsh are pursuing their own paths towards constitutional democracy. And what will emerge, if the libertarians are successful in the present fight, will almost certainly not be a new written constitution, bill of rights and representative democracy for Britain but for England. Indeed, it’s fundamentally because the people of England have lost their faith in the legitimacy of the British state to govern them that the government is so concerned to manage and orchestrate their British identity in the first place.

And it is to popular English national sentiment, and to the sense of our traditional English liberties, that the libertarian cause will have to appeal if it is to touch the hearts and minds of the Sun-reading class.

What I want to say here follows on from these points. The libertarian and nationalist cause in this country have fundamentally the same goals and should see themselves as natural allies. ‘This country’ being England, let it be understood. Put simply, we’re both pushing for an end to the British state as currently constituted, and want a proper representative democracy – responsive to the needs, concerns and sentiments of the people – backed up by a new constitutional settlement and preferably a bill of rights.

But the reality that the libertarians need to get their head round is that this new constitutional settlement must radically address and resolve the asymmetry with which the different nations of the UK are presently governed. There is no way back to the old unitary UK, and the new constitution cannot be one that applies in a monolithic way to the whole of ‘Britain’. The unitary UK no longer exists, and to pretend that it does – as the government has attempted to do since devolution – is either wilful deceit (an attempt to suppress English aspirations for democratic self-governance) or blind self-deception. Similarly, there is no stock of idealism, aspiration, energy and commitment that could unite the English, Scots and Welsh behind a common cause for a new British constitution and a system of governance that pretended to accommodate and perpetuate the present muddled and iniquitous devolution settlement.

The only way forward for the libertarian movement is to accept that there can be no unitary-British process of constitutional reform: the Scots and the Welsh are seeking and articulating their own way forward, and the aspirations of those countries for national self-determination cannot simply be subsumed and channelled into a single British constitutional process. Which means that, for the rest of us, the process is of necessity an English process. The difference, for the time being at least, between the libertarian and the nationalist is merely that the latter regards this necessity as being also a virtue. But it can become so for the libertarian, too, especially if the process results in the outcomes that libertarians have sought for so long: electoral reform; an executive accountable to parliament; a parliament accountable to the people; a truly independent judiciary respecting our age-old, English civil liberties, such as habeas corpus and privacy; etc.

Indeed, I would say that accepting that this process has got to be an English one in the first instance, and espousing this as a positive thing in its own right, actually presents the only realistic possibility of achieving the libertarian objectives in the present circumstances. This is firstly because an English solution – a new English constitutional settlement – is the only realistic goal, for the reasons I’ve set out: no more unitary British fixes to the broken Union. Secondly, it’s the only way that the libertarian cause, such as it has been taken up by David Davis, can become a truly popular cause. This is – as I set out in my comment on Anthony Barnett’s article – because the more profound reason why Westminster politicians and the British government are no longer trusted is because they are out of touch with the English people and are not properly accountable to them: a government that does dual purpose as a UK and as an English administration, elected through a ludicrously disproportionate voting system, and by the votes of Scottish and Welsh people, headed up by a Scottish PM and several senior Scottish ministers who make laws for England but can’t be voted out by English people; whereas the people of Scotland and Wales can vote for two governments – one specifically for their countries, with policy agendas directly addressing the needs and concerns of their countries; and one for reserved UK matters (and for England-only matters to boot).

And then, on top of all this, an emasculated parliament that dutifully performs the will of the executive through a combination of misplaced party loyalty and corrupt deal making, and which is therefore unable to defend the freedoms or represent the will of the people; but which still has the nerve to claim that its ‘sovereignty’ is sacrosanct – as if this had anything to do with the sovereign will of the people, rather than being merely a reference to the sovereign power of the monarch as enacted by an executive whose only claim to a democratic mandate is an election held at its own whim where it is awarded sweeping majorities purely and simply because of the crazy electoral system – and certainly not because of the actual votes of the English people.

This has got to stop. And we need a new constitutional settlement for England. Forget about the British dimension for the moment; that’s out of our hands – ‘our hands’ meaning, of course, the hands of the English. As English people, we have to seek a democratic solution for England, and leave the Scots and Welsh to work out their own destiny. What we can do, however – and this is perhaps the only chance for any British state to survive – is frame our new constitution in such a way that the Scots, Welsh and Northern Irish can choose to join us or not. By this, I’m referring to the fact that there are two dimensions to the reform process:

  1. an English bill of rights, which would enshrine the fundamental, universal principles and liberties I’ve alluded to, e.g. parliamentary accountability, representative democracy, judicial independence, freedom until charged of an imprisonable offence, innocence until proven guilty, etc. There’s nothing wrong in such a bill of rights being referred to as English rather than British; if such a statement is a product of the English people themselves freely articulating and agreeing to a set of fundamental principles, then it should justly and proudly be called English. There’s nothing to then prevent the Scots and Welsh adopting those principles wholesale as laying the foundation for their own governance, or adapting them to their different circumstances and, in the case of Scotland, juridical principles;
  2. the specific forms of governance that are devised in accordance with such principles, and which would form the basis of a new English constitution. In this aspect of the process, we – the English people – could devise a federal, Britain-wide system that could accommodate the Scots, the Welsh and the Northern Irish if they wished to be part of it. If we got the design right, they might decide not to go off on their own. But, in order for that to happen, there would have to be a high degree of autonomy for each of the nations of the UK, so as to give expression to the aspirations for national self-determination in each of them, including, of course, in England. The nations of the present UK would become the primary sources of sovereign authority in the land – sovereign because answerable to their people – and the national parliaments would have to have equal powers, including those of initiating primary legislation and raising all the taxes required to fund the programmes for which they were responsible.

A multi-national, federal constitutional settlement such as this could potentially balance out the four nations’ aspirations for autonomy with the wish to remain in a union of friendship and co-operation in matters of mutual interest, which would be the domain of a federal British government. A constitutional settlement which, on the other hand, tried to impose a unitary British bill of rights and written constitution would be bound to provoke resistance and resentment on the part of Scots and English alike; whereas, letting the Scots and the Welsh appropriate ever greater powers to their devolved bodies while denying the parity of a similar national parliament to the English might just drive the placid English into revolt.

But the important point is that the formulation and realisation of this new federal system of governance should be driven primarily by the English, and not imposed on them from above by the British government, as in the present government’s stymied Governance of Britain programme. We need to devise a federal system that protects the rights of the smaller nations of Britain, so their will cannot be overridden. It would have to be a system they wanted to join; and that’s really how the choice should be formulated: a comprehensive settlement, addressing English demands for freedom and democracy, that the other UK nations should be offered the choice of joining if they wish. As opposed to a process of drift whereby the other nations elect to abandon the rotten British ship, and we English will not have worked out a new system of governance to protect our rights, and give proud and positive expression to England and Englishness, which will otherwise be merely the default option in any case. Such a declaration of intent might give some decent impetus to the whole process of redrawing the national-constitutional map of these islands, and bring the agonising death of the unitary UK to a swift and merciful end. So, we – the English people – would say to our neighbours: ‘OK, you’ve been working your way towards self-governance; now we in England are going to recast our forms of governance, and reformulate our rights, and you can join us – with your national rights and democratic will protected – if you wish, or not’.

But it’s down to us, the English people, to seize the initiative and set the agenda. After all, if we don’t stand up for our freedoms, the British parliament has shown itself unwilling and unable to protect them.

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