Academic questions EU reform talks
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18:02Wednesday 03 June 2015
A successful renegotiation of Britain's European Union (EU) membership to restrict migrant access to benefits might not apply in Scotland, an academic has said.
Dr Eve Hepburn, from the University of Edinburgh, said Prime Minister David Cameron's demands for reform could be "incompatible" with devolution as the Scottish Parliament exercises more powers over welfare.
The Prime Minister has been seeking support for the reform of the UK's relationship with the EU
Many aspects of policy affecting migrants, such as access to healthcare, housing and education, are already devolved to Scotland, she pointed out.
The Prime Minister has been seeking support for the reform of the UK's relationship with the EU before the referendum on membership promised by the end of 2017.
The proposed reforms include tougher rules to prevent migrants claiming benefits.
Holyrood's European and External Relations Committee will be taking evidence from a panel of academics on the implications for Scotland of the proposed in/out referendum tomorrow.
Dr Hepburn, who was due to give evidence but is no longer able to attend, made a written submission to MSPs highlighting that Scottish and UK approaches to immigration and migrant integration have often been "diametrically opposed".
Scotland should protect its interests in EU matters by developing a Scottish migrant rights strategy and strengthening of links between the Scottish and UK governments, she said.
Dr Hepburn also argued that the UK Government might require Scottish consent to negotiate any potential exit from the EU.
Her submission said: " It appears that the interests of the devolved administrations have been overlooked in the case of the UK's current efforts to renegotiate the UK's terms of agreement on EU membership, whereby David Cameron has organised a number of high-profile bilateral meetings with EU member state leaders on 'red line' issues such as migrant rights, without consulting the devolved administrations on their views, despite the impact that this will undoubtedly have on their interests and competences.
" There is an issue to consider of whether some of the demands that the UK Government is making in its EU renegotiation efforts are actually incompatible with devolution as Scotland has some control over migrant rights - such as seeking to limit migrant access to social benefits, over which the Scottish Parliament may soon be gaining control.
"I ndeed, these new Scottish powers may mean that Cameron is only able to negotiate restrictions on migrant access to benefits in parts of the UK outside Scotland (rUK), as the UK Government is unable to legislate on Scottish matters.
"This links with a broader issue of whether the UK Government would actually be able to negotiate an exit from the European Union, as this would directly affect Scotland's competences as set out in the Scotland Act, which requires the UK to gain Scottish consent."
First Minister Nicola Sturgeon has called for a "double majority" to ensure that no exit from the EU could take place without all four nations of the UK agreeing to it.
SNP MSP Christina McKelvie, who convenes the committee, said: "These expert comments get to the heart of David Cameron's problems in Scotland - viewing our interests as an afterthought rather than something which should be at the heart of any EU negotiations.
"As Dr Hepburn makes clear, Scotland's positive and inclusive approach to immigration and integration is the polar opposite of the right-wing agenda of this Tory government - and for that to be put at risk by David Cameron's attempts at re-negotiation would be completely unacceptable.
"It's now time for David Cameron to make sure that Scotland's voice can't be ignored any longer - by agreeing to the First Minister's plan for a 'double majority' to ensure Scotland can't be ripped out of the EU against our will by his dangerous games which are inching the UK closer to the European exit door."
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