Chris McEleny is on the right track with this. But he goes neither far enough or fast enough. Holding a series of events to discuss alternative strategies would have been a great idea four or five years ago. And it might have been OK to drag things out until October and beyond if it was October 2018 we were talking about.
It’s pointless presenting Boris Johnson with an ultimatum in any case. Why would we give him a second chance to spit on Scotland? And an ultimatum only works if you have some sanction or penalty that you can impose in the event of the ultimatum not being met. What is Chris suggesting? Nicola Sturgeon goes to Johnson and says give us a Section 30 order or we’ll hold some meetings! Cough up, Sunshine, or we’ll form another group to look at ways of exploring new ideas for forums to discuss the best way to go about setting up new groups! And we’re not bluffing!
So long as the Scottish Government is committed to the Section 30 process Boris Johnson has all the power. This is not news. Some of us have been saying it for years. We warned that the Section 30 process is a trap. Nobody listened.
What else might the First Minister threaten Johnson with? Court? That’ll work. For the lawyers! They’ll get a nice payday. Boris Johnson will get a massive transfusion of smug. Nicola Sturgeon will get a faceful of smelly egg. Whatever the Scottish Government complains about all the British government has to do is point at Section 30 of the Scotland Act and remind the court that the First Minister herself called this the ‘gold standard’. They will then ask the Scottish Government’s lawyer to specify in what way they are contravening the terms of the ‘gold standard’ provision. And the lawyers will be lost for an answer. Because Boris Johnson may be an offensive arse but he hasn’t done anything illegal or unlawful. He has abided by the Section 30 rules. The ‘gold standard’!
The Scottish Government needs to do something bold. Something assertive. Something that isn’t in the British state’s book of traps and pitfalls. Chris McEleny is at least thinking outside the stultifying confines of the British box. For that, he is to be congratulated. Although this isn’t really much of a departure for him. But if you’re going to push the constitutional envelope then push it until it rips. No half measures. We don’t have time to take baby steps. We are at least three years late and 10 points behind where we should be. The gates are closing. If we are to get through them, we need to be taking giant strides.
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