The island groups ofOrkney,Shetland and theWestern Isles are all regions ofScotland. Their constitutional status has periodically been discussed, for example during theScottish independence referendum campaign.Currently, they arecouncil areas with the same constitutional status as the other 29local government areas. The three island councils are the only local authorities among the 32 in the country whereindependent councillors form a majority.
In July 2013, theScottish Government made theLerwick Declaration, establishing a ministerialworking group to examinedecentralising powers to the three island council areas.[1]
Orkney and Shetland had from the 10th century beenannexed by theKingdom of Norway, but in 1468 and 1469 Orkney and Shetland werepledged as security against the payment of thedowry of his daughterMargaret, betrothed toJames III of Scotland. After theActs of Union of 1707 Orkney, Shetland and the Western Isles, along with the rest of Scotland, became part of theKingdom of Great Britain.
Orkney and Shetland had from the 10th century beenannexed by theKingdom of Norway, who later entered apersonal union with a common Danish monarch under theKalmar Union. In 1468, Orkney waspledged by the Scandinavian kingChristian I as security against the payment of thedowry of his daughterMargaret, betrothed toJames III of Scotland. The following year he pawned Shetland to theScottish Crown which has since refused to accept repayment and return it.[Notes 1]
The King of Denmark often had to make acoronation oath to reclaim the islands, which was last made byFrederick III in 1648.[4] The last serious attempt to reclaim the islands forDenmark-Norway was at theTreaty of Breda (1667).[4]
Under electoral law theOrkney and Shetland andNa h-Eileanan an Iar (The Western Isles) constituencies are "protected constituencies", which means that they have to be both unbroken and not sharing a constituency with any part of the mainland.[5] This status is shared only with theIsle of Wight in England andYnys Môn (Anglesey) in Wales. Before 2011 the Orkney and Shetland constituency had been unique in having its boundaries protected by legislation.[6]
In a meeting of the island councils in March 2013, leaders of the three local authorities discussed their future in the event of Scottish independence, including whether the islands could demand and achieve autonomous status within either Scotland or the rest of the UK. Among the scenarios proposed were achieving eitherCrown Dependency status or self-government modelled after theFaroe Islands, in association with either Scotland or the UK.[7] Steven Heddle, Orkney's council leader, described pursuing Crown Dependency status as the least likely option, as it would threaten funding from the EU, which is essential for local farmers.[7]Alasdair Allan, MSP for the Western Isles, said independence could have a positive impact on the isles, as "crofters and farmers could expect a substantial uplift in agricultural and rural development funding via theCommon Agricultural Policy if Scotland were an independent member state of the EU".[8]
In July 2013, theScottish Government made theLerwick Declaration, indicating an intention to decentralise power to the three island council areas. In November 2013, the government made a commitment to decentralise further powers to Orkney, Shetland and the Western Isles in the event of independence.[9] Steven Heddle called for legislation to that effect to be introduced regardless of the referendum result.[10]
In 2017 theScottish Government introduced an Islandsbill to make "island proofing" (including for uninhabited islands) a statutory requirement for public bodies. The Bill completed Stage 1 on 8 February 2018.[11]
In July 2023, James Stockan, the leader of theOrkney Islands Council said that the Orkney isles has been "failed dreadfully” by governments in Edinburgh and London, with funding less per capita than is received by Shetland and the Western Isles and that they were willing to explore its “Nordic connections”, as well as looking at the governance structures of crown dependencies such asGuernsey,Jersey and theIsle of Man.[12][13]
The council voted to explore alternative constitutional arrangements including becoming aCrown Dependency or rejoining Norway.[14]
In the1979 Scottish devolution referendum, the Orkney and Shetland Islands council areas had the two highest proportions voting against devolution. The Western Isles voted in favour.
| Council area | Yes vote | No vote | Yes % | No % |
|---|---|---|---|---|
| Orkney Islands | 2,104 | 5,439 | 27.89 | 72.11 |
| Shetland Islands | 2,020 | 5,466 | 26.98 | 73.02 |
| Western Isles | 6,218 | 4,933 | 55.76 | 44.24 |
| Whole of Scotland | 1,230,937 | 1,153,500 | 51.62 | 48.38 |
| Source:Glasgow Herald | ||||
In the1997 Scottish devolution referendum there were two questions, the first on whether there should be aScottish Parliament, and the second whether the parliament should have tax raising powers.
On the first question, along with the rest of the country, the electorate in all three areas voted Yes. On the second question Orkney was one of only two areas in Scotland to vote No, Shetland narrowly voted in favour and the Western Isles voted more strongly in favour than the rest of Scotland.
| Council area | Q1 Yes vote | Q1 No vote | Q1 Yes % | Q1 No % | Q2 Yes vote | Q2 No vote | Q2 Yes % | Q2 No % |
|---|---|---|---|---|---|---|---|---|
| Na h-Eileanan Siar (Western Isles) | 9,977 | 2,589 | 79.4 | 20.6 | 8,557 | 3,947 | 68.4 | 31.6 |
| Orkney[15] | 4,749 | 3,541 | 57.3 | 42.7 | 3,917 | 4,344 | 47.4 | 52.6 |
| Shetland | 5,430 | 3,275 | 62.4 | 37.6 | 4,478 | 4,198 | 51.6 | 48.4 |
| Whole of Scotland | 1,775,045 | 614,400 | 74.3 | 25.7 | 1,512,889 | 870,253 | 63.5 | 36.5 |
In the2014 Scottish independence referendum, people voted on whether they wanted Scotland to become independent from the United Kingdom. Scotland as a whole voted 55.3% against independence. All three islands also voted against, with the Western Isles voting slightly less against independence, and Orkney and Shetland both voting significantly more against independence than the national average.
| Area[16] | Ballots for | Ballots against | For (%) | Against (%) | Majority | Valid ballots | Turnout (%) |
|---|---|---|---|---|---|---|---|
| Eilean Siar | 9,195 | 10,544 | 46.6% | 53.4% | 6.8% | 19,739 | 86.2% |
| Orkney Islands | 4,883 | 10,004 | 32.8% | 67.2% | 34.4% | 14,887 | 83.7% |
| Shetland Islands | 5,669 | 9,951 | 36.3% | 63.7% | 27.4% | 15,620 | 84.4% |
| Scotland (total) | 1,617,989 | 2,001,926 | 44.6% | 55.4% | 10.6% | 3,619,915 | 84.6% |
Some islanders called for separate referendums to be held in the islands on 25 September 2014, one week after theScottish referendum.[17][18][19] In March 2014, theScottish Parliament published the online petition it had received calling for such referendums, which was supported by ShetlandMSPTavish Scott.[20] The referendums would ask islanders to choose from three options: that the island group should become an independent country; it should remain in Scotland; or (in the event of Scottish independence) it should remain in the UK.[21]
The third option would implement the conditional promise made in 2012, when an SNP spokesperson said that, in the event of Scottish independence, Orkney and Shetland could remain in the United Kingdom if their "drive forself-determination" was strong enough.[22] Politicians in the three island groups have referred to the Scottish referendum as the most important event in their political history "since the inception of the island councils in 1975." Angus Campbell, leader of the Western Isles Council, said that the ongoing constitutional debate "offers the opportunity for the three island councils to secure increased powers for our communities to take decisions which will benefit the economies and the lives of those who live in the islands".[23]
A report by Tavish Scott and the Orkney MSPLiam McArthur, submitted in response to the UK government's consultation on the independence referendum put forward the idea that the Shetland and Orkney islands could remain a part of the United Kingdom in the event of Scottish independence or potentially pursue independence themselves.[24]
Early in 2013, an opinion poll commissioned by thePress and Journal found only 8% of people in Shetland and Orkney supported the islands themselves becoming fully independent countries and completely separating from Scotland, with 82% against.[25]
The day before theScottish independence referendum in September 2014,Alistair Carmichael, the MP for Orkney and Shetland, suggested that if Shetland were to vote strongly against independence but the Scottish national vote was narrowly in favour, then a discussion would have to begin about Shetland becoming a self-governingCrown dependency outside of independent Scotland, similar to theIsle of Man. He stated that he did not want such circumstances to arise, "and the best way to avoid this was to vote no in the referendum."[26][27]
TheOrkney and Shetland Movement, a coalition of independence movements in Orkney and Shetland, contested theOrkney and Shetland constituency in the1987 general election. It saw as its models theIsle of Man and theFaroe Islands, an autonomous dependency ofDenmark.[28] TheScottish National Party chose not to contest the seat to give the movement a "free run". Their candidate, John Goodlad, came 4th with 3,095 votes, 14.5% of those cast, and it did not stand in any subsequent election.[29] The Movement took part in the 1989Scottish Constitutional Convention.[30]
A movement calledWir Shetland was launched in October 2015[31] to secede from the rest of Scotland in favour of becoming either aCrown Dependency or aBritish Overseas Territory, as a means of achieving greater autonomy for the Shetland Isles.[32]
In September 2020 the Shetland Islands Council voted in favour of exploring options for "financial and political self-determination", stating that the islands' reliance on Scotland was "seriously threatening the prosperity, and even basic sustainability, of Shetland as a community."[33]