I realise Shona is trying to smile through the pain here. Using humour to cork her bottled anger. But I’m obliged to take her to task for a particular comment. She writes,
Perhaps Johnson imagines the MP for Orkney and Shetland is in fact in favour of bypassing the referendum process and going for UDI?
I can’t let that one slip by. It just isn’t the case that UDI means “bypassing the referendum”. UDI – or more precisely and to avoid just such confusion – Scottish UDI is simply another route to a referendum. An alternative to the Section 30 process which is so greatly admired by both our First Minister and any British Nationalist you might care to mention. The Section 30 process that Nicola Sturgeon refers to as the “gold standard”. She’s almost correct. The Section 30 is the BRITISH gold standard. That’s why it’s in the Act of the British parliament which serves to justify the withholding of powers which rightfully belong with the Scottish Parliament.
Section 30 of the Scotland Act 1998 is a constitutional catch-all in case anybody found a loophole elsewhere in the legislation by which Scotland might challenge the Union. It’s there to give the British Prime Minister authority to strip even more powers from the Scottish Parliament. It’s there as the British state’s safeguard against the Scottish Parliament becoming troublesome. It’s there to reassure those who thought devolution would put their precious Union in jeopardy.
It’s there to maintain the pretence of a democratic route out of the Union within the legal and constitutional framework of the British state. It’s actual purpose is to allow the British Prime Minister an effective veto over the right of self-determination which, according to international laws and conventions, cannot be denied or constrained.
Failing an outright veto, the Section 30 process (NOT the legislation but the established process) affords the British state a role in Scotland’s exercise of the right of self-determination such as is deprecated by international laws and conventions. A role which can all too readily be used to sabotage the entire exercise.
It’s easy to see why the Section 30 process might earn the “gold standard” accolade from those who are determined to formalise the 313-years of annexation by having Scotland subsumed into a ‘Greater England’ called Britain. It’s not so easy to see why the Section 30 process is so favoured by the de facto figurehead in the fight to restore Scotland’s independence. Not easy at all. Impossible, in fact.
A thought occurs. Nicola Sturgeon is reputed to be a smart lawyer. Given the true nature of the Section 30 process, I’m prepared to venture a small wager that had she been involved in the negotiations she would have fought tooth and nail to have Section 30 removed. Now, she all but signs a pledge to it in her own blood. Section 30 hasn’t changed. What has?
Maybe it’s the weight of the irony that’s getting me down. Or maybe it’s reading comments from within the Yes movement which help to feed and amplify and propagate the British Nationalist / Nicola Sturgeon line that Scotland pursuing withdrawal in the more normal way would be “illegal and unconstitutional”.
The Section 30 process will not work as a route to independence. That is not its purpose. That would be totally contrary to its purpose. It follows, therefore, that there must be an alternative process. A process entirely made and managed in Scotland under the auspices of the Scottish Parliament and other of Scotland’s democratic institutions – even if those institutions have to be created.
It is this alternative process – actually the ‘default’ process to the extent that there is such a thing – which is referred to as #ScottishUDI. At the very heart of that process lies a referendum. Far from #ScottishUDI bypassing or foregoing or excluding a referendum, it is entirely built around the principle of popular sovereignty. It is NOT as liars on both sides of the constitutional divide maintain, a means of preventing the people of Scotland from having the final say. #ScottishUDI is the only way the people of Scotland will have their say.
Section 30 is all about denying and curtailing democracy. #ScottishUDI is all about enabling and facilitating democracy.
It hardly matters. As we move into the end-game of the constitutional battle, the process of locking our ancient and once-proud nation into a Union which defines Scotland as an integral part and mere region of an indivisible and indissoluble British state, is considerable in advance of any moves towards independence. Which is inevitable because there are no moves towards independence. Nicola Sturgeon remains immovably wedded to the Section 30 process. Unless and until she and her party and her government explicitly vacate and renounce their absolute commitment to that process there can be no moves towards independence.
It appears that the lady is not for turning.
Things can change. As I’m sure someone will point out under the illusion that uttering such banalities makes them seem wise. But, as things stand, Nicola Sturgeon is not going to be persuaded from the folly of committing to a process which is critically dependent on the full, willing, unstinting and honest cooperation of the very people most determined to ensure that Scotland never regains her self-respect never mind her independence.
Those people are winning.
To prevent the British Nationalist juggernaut crushing Scotland out of existence, the Section 30 process must go! Or Nicola Sturgeon must go! But only if she is replaced by someone who is prepared to face up to the reality of Scotland’s predicament.
That is not going to happen.
It’s not going to happen because there is nothing and nobody to make it happen. The only possibility of ‘persuading’ Nicola Sturgeon to abandon the Section 30 process was a unified Yes movement. And there’s as much chance of that as there is of Nicola Sturgeon unilaterally declaring Scotland independent.
As things stand, Scotland falls.
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