Questions any model must answer
The Shetland Report set out nine constitutional models. People will have different preferences. But whichever model anyone favours, certain practical questions have to be faced.
This page is not persuasion. It is a checklist. Its purpose is to make sure the public discussion stays grounded in realities — not slogans.
How to use this page
If someone proposes a model — whether it is the status quo, special status, separate devolution, or full independence — this checklist helps people ask the same calm questions of every proposal.
A model is not “good” because it sounds inspiring. It is good if it answers these questions clearly, and if the answers are realistic.
A note on legitimacy
If these are the questions that determine Shetland’s long-term constitutional and economic direction, then the checklist itself should not be treated as a private exercise.
A fair process would allow the public to agree the questions in advance — and to require that any proposed model, including the status quo, answers them clearly.
1) Authority and legal foundation
- On what legal foundation does the model rest?
- Who holds jurisdiction, and how is it evidenced?
- If title or authority is disputed, what is the resolution mechanism?
- What is assumed, and what is demonstrated?
2) Land and seabed
- Who controls the seabed and marine space?
- Who can grant long-term leases or rights?
- Who benefits from seabed revenues?
- How are competing uses resolved fairly?
3) Fishing and marine policy
- Who sets fisheries policy and allocates access?
- How are local fishermen protected from displacement?
- How are foreign access and quota handled?
- How is enforcement funded and governed?
4) Energy, grid, and infrastructure
- Who decides what energy projects proceed?
- Who owns the grid upgrades and interconnectors?
- Who carries the landscape and disruption costs?
- How are benefits captured locally?
5) Finance and revenue
- What is Shetland’s revenue base under the model?
- What is the tax position — and who collects what?
- What transfers exist, and what are the conditions?
- What is the plan for transparency and audit?
6) Public services
- How are health, education, ferries, and care funded?
- What happens in economic shocks?
- What services remain national, and what becomes local?
- What safeguards exist against service cuts?
7) Courts, policing, and enforcement
- Which courts apply, and under what authority?
- How are policing and prosecution governed?
- What rights of appeal exist?
- How is fairness protected if institutions are remote?
8) Planning, environment, and consents
- Who controls planning policy and development consent?
- How is environmental protection enforced?
- What happens when local objections are overridden?
- How is cumulative impact assessed?
9) External relations
- Who represents Shetland internationally?
- What relationships exist with Scotland, the UK, Scandinavia, and the EU?
- What treaties or agreements would be needed?
- Who controls defence and security decisions?
10) Currency, banking, and payments
- What currency is used under the model?
- How are banking and deposits protected?
- What happens to pensions and benefits?
- How is financial stability maintained?
11) Democratic consent
- What is the decision-making process?
- Who has a vote (residents, diaspora)?
- What threshold applies (simple majority, supermajority)?
- How is the process protected from manipulation?
12) Transition and risk
- How long does the transition take?
- What are the biggest risks, and who carries them?
- What happens if negotiations fail?
- What is the fallback position?
Why this checklist matters
One of the reasons constitutional debates become heated is that people talk past each other. One side talks about identity and principle; the other talks about fear and risk.
A checklist does not remove disagreement — but it helps ensure that disagreement is informed. It also ensures that the status quo is held to the same standard as every other model. If the status quo cannot answer these questions clearly, it is not “neutral” — it is simply unexamined.