Independent Scotland 'could not rejoin EU for at least four years', report reveals

Rejoining the EU could take four or five years for an independent Scotland if procedures were carried out at the fastest pace, a report has said.

Kirsty Hughes, the director of the Scottish Centre on European Relations, said it was “hard to argue” an independent Scotland - with more than four decades of membership of the EU as part of the UK - would be unlikely to succeed in rejoining the trading bloc.

But she said that process could take several years at best.

There are questions over Scotland's legal position to rejoin the EU.

Common Fisheries Policy

In a new report looking at issues for an independent Scotland’s European accession, Holyrood ministers were warned the country might have to rejoin the Common Fisheries Policy.

It also examined issues surrounding a future border between Scotland and the rest of the UK, should an independent Scotland rejoin the EU.

Dr Hughes said if Scotland had not diverged from EU laws and regulations too much “then it could expect an accession process that might, at the fastest, take four to five years”.

But she warned: “The further the UK, and Scotland, have diverged by the time of a potential Scottish application to join the EU, then the longer the accession process may take.”

Imelda Maher, a professor in European law at University College Dublin, concluded it “would be possible” for Scotland to stay outside of the Schengen common European travel area and to maintain the existing common travel area (CTA) in the UK.

She said: “It would be possible - if the political will is forthcoming - for Scotland to be treated like Ireland and to remain outside Schengen and in the CTA, ensuring free movement of Scottish citizens throughout the UK and Ireland.”

‘Accession to the EU’

Tobias Locke, professor of law at the National University of Ireland Maynooth, said an independent Scotland, like Ireland, could “make a reasonable argument” as to why it should continue to be part of the CTA.

Prof Locke said there is “little doubt that an independent Scotland would qualify to apply for EU membership”.

He said an independent Scotland could, in practice, avoid having to join the euro, as Sweden has done - although the professor added it would “not be possible for it to avoid having to commit to the adoption of the euro”.

Prof Locke said if Scottish politicians were “too vocal about their non-commitment to taking such a step, there is a danger that the EU might in the end not agree to Scottish membership”.

Dr Hughes, Prof Maher and Prof Locke were some of the experts who contributed to a new post-Brexit report examining the issues an independent Scotland could face if it was to seek to join the EU - something the current Scottish Government has said it would want to do.

Dr Hughes said: “This major report, with contributions from leading experts, underlines that an independent Scotland could join the European Union.

“Accession to the EU is a substantial, detailed and time-consuming process - and has different implications for an independent Scotland post-Brexit.”

The report said Scotland would have to rejoin the EU’s Common Fisheries Policy - adding this would “probably cause friction between much of the fishing sector and the Scottish Government”.