NON! EU SNUB TO STURGEON
Secret Brussels report dashes SNP hopes of staying in Europe
THE EU yesterday dealt a devastating blow to Nicola Sturgeon’s new bid for independence – by ruling out any prospect of Scotland retaining its EU membership when Britain leaves.
The SNP leader yesterday said she is seeking ‘immediate discussions’ with Brussels to ‘protect Scotland’s place in the EU’.
But The Scottish Mail on Sunday can reveal that the European Commission, the executive body of the EU, has already ruled there is no option but the whole of the UK exiting following Thursday’s shock Leave vote.
Miss Sturgeon had hoped to hold a referendum during the next two years while Brexit negotiations take place – and had wanted Scotland to simply and seamlessly remain in the EU if there was a Yes vote. But the new ruling by Brussels dashes her hopes, by confirming that an independent Scotland would have to reapply for EU membership.
Such a move could take years and come with conditions, such as having to adopt the euro and introduce border controls with England.
The official ruling confirmed that ‘part’ of a member state ‘cannot remain in the EU if the member state itself withdraws’. Asked at the end of last week if an independent Scotland would be able to retain membership of the EU despite the rest of the UK opting to leave, the EC told The Scottish Mail on Sunday that the rules make it clear that Brexit applies across the whole of the UK.
An EC source said: ‘Article 50 is the only legal mechanism to withdraw from the union
– and this article refers to “member states”.’
The issue of a ‘partial withdrawal’ of a member state was also ruled out in a briefing note sent to MEPs by the European Parliamentary Research Service.
The document, seen by The Scottish Mail on Sunday, said: ‘Also discussed (by commentators) is the question of whether a “partial withdrawal” could refer to part of the territory of a member state, and therefore the member state “as a whole” does not withdraw but part of it “remains” in the EU.
‘It should be noted, however, that the “part of the member state” in question would not itself be a sovereign state, and that it would never have been a formal member of the EU as a sovereign state, so it could be argued that it cannot therefore “remain” in the EU if the member state itself withdraws.’
It is a devastating blow for Miss Sturgeon, who wanted to capitalise
‘Pride in the vote in Scotland’
on the massive pro-Remain vote to help boost her primary cause of ending Scotland’s place in the 309-year-old Union.
Only hours after it was confirmed on Friday that Britain had voted to exit the EU, Miss Sturgeon said it was a ‘democratic outrage’ that Scotland – where 62 per cent of voters backed Remain – would be taken out of the EU against its will.
Yesterday, she announced that the Scottish Government would begin ‘immediate discussions’ with Brussels about retaining Scotland’s EU membership.
She also confirmed that her Cabinet, which met on a Saturday for the first time in order to discuss the Brexit vote, had approved her plan to begin drawing up legislation for a rerun of the 2014 independence referendum. It means a second referendum is likely to be one of the key Bills in her ‘programme for government’ for the next year, which will be unveiled after the summer recess.
She announced an advisory panel will be set up to advise her on legal, financial and diplomatic matters relating to Scotland retaining EU membership. But its first task will now be to assess if there is any way to get around the EC’s resistance to allowing a part of the UK to stay.
Miss Sturgeon said: ‘In the last hours, the Scottish Cabinet has met. We have had a very full discussion about the result of the EU referendum, its implications for Scotland and steps we need to take in the days, weeks and months that lie ahead to protect Scotland’s interests.
‘Cabinet expressed its pride in the vote in Scotland, the emphatic vote in Scotland, to remain in the EU. But Cabinet also shared deep disappointment in the UK-wide result, which is clearly felt by the majority of people across this country.
‘As I said yesterday, a second independence referendum is clearly an option that requires to be on the table and is very much on the table. To ensure that option is a deliverable one within the required timetable, steps will be taken now to ensure that the necessary legislation is in place. Cabinet this morning formally agreed that work.’
Miss Sturgeon said she will now begin preparing legislation for an independence referendum to take place during the two-year period in which the UK negotiates its exit from the EU, which is expected to begin in around three months.
But the response from Brussels reveals that an independent Scotland would not be allowed automatically to retain its membership. It means a separate Scotland would have to negotiate its entry into the EU as a new member state.
It is believed the Scottish Government had suggested it could retain membership via a ‘reverse Greenland option’. In 1982, Greenland voted to leave the EU even though its residents are Danish citizens – and Denmark remains an EU member.
But one Brussels source said: ‘They are talking about a reverse Greenland, but the rule is that you cannot have a part of a territory apply for membership.’
Another said: ‘The atmosphere here right now is, “F*** the British”. They are angry and they will never be willing to let the SNP in on the same terms as the UK had. They would extract a price from an independent Scotland for membership.’
A spokesman for Miss Sturgeon said: ‘I’m aware of what Article 50 says – this is why the First Minister has taken the steps she has to explore all possible avenues to protect Scotland’s EU membership status. We are in uncharted territory, which is why the First Minister has taken the opportunity to seek all potential avenues, routes and mechanisms to try to protect Scotland’s EU future.
‘Exactly what that involves remains to be seen. We will explore every avenue.
‘We are trying to get a fix and come to a solution on a situation which is not of our making.’
Scottish Tory MEP Ian Duncan said: ‘The prospect of a partial withdrawal is unlikely to gain traction. The two regions which would most likely seek it would be Scotland and London. It is difficult to see how the EU could accommodate this request.
‘It is too soon to judge the mood of the EU institutions. The next few months will be about disentangling the whole of the UK from the EU.’
Last night, the Scottish Government said its charm offensive with EU institutions will begin when Rural Economy Secretary Fergus Ewing meets EU Agriculture Commissioner Phil Hogan at the AGRIFISH Council in Luxembourg tomorrow.