Information Watchdog Demands Scottish Government Hand Over Independence Analysis

Document reportedly says it would take up to eight years for Scotland to rejoin EU

Pro-Union activists wave a Union flag (C) as Scottish Saltire and EU flags fly during an anti-Conservative government, pro-Scottish independence, and anti-Brexit demonstration outside Holyrood, the seat of the Scottish Parliament in Edinburgh on Feb. 1, 2020. (Andy Buchanan/AFP via Getty Images)

Scotland’s information watchdog has ordered the government in Edinburgh to hand over an internal analysis it has conducted into the possibility of Scotland re-joining the European Union after independence.

Following Britain’s exit from the EU in January 2020, the Scottish National Party (SNP) has reiterated its commitment to an independent Scotland rejoining the bloc.

On Friday The Telegraph and The Scotsman newspapers claimed an internal analysis document written by Scottish civil servants claimed that even under a “best case” scenario it would take between three and four years for an independent Scotland to be readmitted, and more realistically up to eight years.

The Telegraph said in the document, written before the UK left the EU, the civil servants wrote, “The setting up of appropriate administrative and regulatory structures is likely to be expensive and lengthy.”

A member of the public initially filed a request under the Freedom of Information Act demanding the document be published but the Scottish government refused.

Hand it Over by August 17

Now an appeal to Scotland’s information commissioner, Darren Fitzhenry, has forced ministers to divulge any analysis documents they hold by August 17.

In a referendum held in 2014, the Scottish electorate voted 55–45 percent to reject independence and remain part of the UK.

The SNP planned to hold another independence referendum on Oct. 19, 2023 but was blocked by the UK government, backed by the UK Supreme Court.

Writing in a decision posted on the commissioner’s website, Mr. Fitzhenry said ministers had failed to comply with the freedom of information legislation and writes: “The commissioner therefore requires the ministers to provide the applicant with the information they have wrongly withheld, by Aug. 17, 2023.”

The Scottish government argued the document needed to remain secret to protect, “high-quality policy-and decision-making.”

Mr. Fitzhenry wrote, “They contended that ministers and officials needed to be able to consider all available options and to debate those rigorously to fully understand their possible implications.”

Scottish Ministers Argued Against ‘Premature Disclosure’

“The ministers argued that premature disclosure of these options would seriously undermine internal debate on the various routes Scotland could take to join the EU, which in turn would undermine the quality of the policy-making process. If this occurred, the ministers contended, it would not be in the public interest,” he added.

But he rejected their arguments, saying, “The commissioner agrees [with the appellant] that there is a substantial public interest in the disclosure of information that would contribute to transparency and accountability, allowing scrutiny of matters being considered in the process of policy formulation and development.”

Mr. Fitzhenry said, “This would assist the public in understanding the very important policy issues under consideration and the likely consequences of any decisions to be taken, which are matters of legitimate public debate.”

He added, “There is a strong public interest in allowing the public to understand the various options open to an independent Scotland, in relation to re-joining the EU and in understanding how long each option might take.”

The Scottish government could be held in contempt of court if it does not provide the analysis by next week.

A Scottish government spokesperson told The Scotsman, “Scottish ministers note this decision from the Scottish Information Commissioner and will now consider their response.”

SNP Expels MP

The news of the row came only hours after the MP for the Na h-Eileanan an Iar (Western Isles) constituency announced on X, previously known as Twitter, he had been expelled from the SNP.

Angus MacNeil, who is 53, wrote on X: “The summer of member expulsion has indeed come to pass. As I have been expelled as a rank & file SNP member by a ”member conduct committee.”

He added a kangaroo emoji, apparently a derogatory reference to the committee.

Mr. MacNeil added: “I didn’t leave the SNP, the SNP have left me. I wish they were as bothered about (Scottish) independence as they are about me!”

Mr. MacNeil, who has represented Na h-Eileanan an Iar since 2005, was suspended from the party’s Westminster group last month after a clash with SNP chief whip Brendan O’Hara.

PA Media contributed to this report.