Is a Section 30 order required to make a new independence referendum “legal”? Is it “key to gaining EU membership as an independent country”? This article in The National states both these things as facts. But the reality is that the situation is far from being so clear-cut.
Of course, it is only possible to be aware that things may be a bit more complicated than is generally assumed if simplistic assumptions are declined and everything is questioned. And if the appropriate questions are asked.
Instead of mindlessly parroting the line peddled by politicians and media that a Section 30 order is required to make a referendum “legal”, try asking how the impeccably free, fair and democratic exercise of a right guaranteed by the Charter of the United Nations could possibly be ‘illegal’? What would make it ‘illegal’? How might a clause in an Act of the British parliament outweigh the body of international laws and conventions which establish the right of people to choose how they are governed, and by whom?
Don’t just thoughtlessly agree when it is asserted that the lack of a Section 30 order would be an obstacle to EU membership for Scotland having restored our independence by means of an impeccably free, fair and democratic exercise of our inalienable right of self-determination. Ask why this should be an obstacle at all. Ask why the EU would accept the veto of Scotland’s application by a third country (non-member state) on the grounds that Scotland had not sought that state’s permission to exercise a right which cannot legally be subject to external interference?
When you see or hear it stated as fact that a Section 30 order is required to make a new independence referendum “legal”; or that it is “key to gaining EU membership as an independent country”, remember that song from the Gershwins’ opera Porgy and Bess – It ain’t necessarily so!
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