Abstract
This article examines how the governance of justice and internal security in Scotland could be affected by the outcome of the Scottish independence referendum in September 2014. The article argues that it is currently impossible to equate a specific result in the referendum with a given outcome for the governance of justice and internal security in Scotland. This is because of the complexities of the current arrangements in that policy area and the existence of several changes that presently affect them and are outside the control of the government and of the people of Scotland. This article also identifies an important paradox. In the policy domain of justice and internal security, a ‘no’ vote could, in a specific set of circumstances, actually lead to more changes than a victory of the ‘yes’ camp.
Highlights
In August 2009, Scottish Cabinet Secretary for Justice Kenny MacAskill ordered the release from prison on compassionate grounds of Abdelbaset al-Megrahi, who had been convicted in of the bomb attack on Pan Am Flight 103 on 21 December 1988
The peculiarity of the Scottish position is further reinforced by the fact that Scotland is – at least, as of 2014 – part of a state, i.e. the United Kingdom (UK), which is a member of the European Union (EU), but without participating in all its policies
This article shows that uncertainty is high when it comes to the governance of justice and internal security, because this policy area is uniquely characterised by the combination of significant devolved competences to Scotland, the granting of important competences to the EU, and the peculiar position of the UK within the AFSJ with its various ‘opt-ins’ and ‘opt-outs’
Summary
In August 2009, Scottish Cabinet Secretary for Justice Kenny MacAskill ordered the release from prison on compassionate grounds of Abdelbaset al-Megrahi, who had been convicted in of the bomb attack on Pan Am Flight 103 on 21 December 1988 ( known as the ‘Lockerbie bombing’). Given the possibility of all these important changes, it is surprising that relatively little attention has been given to justice and internal security matters in the referendum debates so far This is notably evident when considering all the reports and white papers on the future of Scotland released by the Scottish government. This is because of the complexities of the current arrangements in that policy area and the changes that presently affect them and that are outside the control of the government and of the people of Scotland, as will be shown later in this article. There is a range of possible scenarios because of the existence of parallel debates at the UK level on the extent of the UK’s participation in the AFSJ (that is, the issue of the ‘JHA block opt-out’) and even on its actual membership of the EU
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