Requesting or accepting or conceding the validity of the Section 30 process is a denial of the sovereignty of Scotland’s people. It acknowledges an authority above the people – the British parliament. It is an acceptance of the principle of parliamentary sovereignty. The principles of parliamentary and popular sovereignty are mutually exclusive. They are entirely incompatible and totally irreconcilable. Sovereignty means ultimate authority. There cannot be two ultimate authorities.
The Section 30 process cannot lead to the restoration of Scotland’s independence because it cannot facilitate the exercise by the people of Scotland of our right of self-determination. It can facilitate only a referendum which is, to use Nicola Sturgeon’s words, “consultative and non-self-executing”. Which means the British state (and the Scottish Government) can choose to ignore the result and that nothing ensues from that result.
A Section 30 referendum has no consequences for the Union. If it did, it would not have been permitted in 2014. We all thought we were voting in an independence referendum back then. We now know that we were not. If Yes had won in 2014, precisely nothing would have happened. Having dutifully jumped through that hoop, the British state would simply produce another that they insist we jump through. The British state has an infinite supply of such hoops.
Scotland’s independence can only be restored by the Scottish Parliament in a process that is entirely made and managed in Scotland with neither reference to nor participation by the British government.
There is no route to independence that does not pass through a point at which there is direct and acrimonious confrontation with the British state. Nicola Sturgeon did nothing for eight years because she had convinced herself she could find a way of avoiding this confrontation. She was wrong. I suspect she now realises just how wrong she was.
No matter what precedes, ending the Union and restoring Scotland’s independence inevitably demands that the Scottish Parliament does something which the British will deem unlawful on the grounds that Holyrood does not have the competence required. There is no way to gain that competence other than taking it ─ asserting it. Power is never given. That which is given is never genuine power. Devolution is not genuine power. Power is only ever taken. If the people of Scotland are to be enabled to exercise our right of self-determination then the only way this can happen is if the Scottish Parliament ASSERTS the competence to conduct an appropriate democratic exercise (referendum) and dares the British state to challenge it. There simply is no other way we can have a democratic event which will stand as the formal exercise of a right guaranteed to us by international law – the founding principle of the United Nations.
I thought Ash Regan maybe understood all of this. Evidently, she doesn’t. None of them does. Not one among all of Scotland’s political class ─ not excepting Alba Party ─ recognises that there can be no route to independence through the legal and constitutional framework developed over 300+ years to protect and preserve the Union. To end that Union we must step outside that framework while strictly observing the principles of democracy.
The way forward is clear, and has been for several years. If there is to be a de facto referendum then it should not be on the question of independence but on the question of the powers of the Scottish Parliament. Not least because many more people will vote for the Scottish Parliament to have powers than will vote for independence. All the pro-independence parties must include at the top of their election manifestos the basic elements of a #ManifestoForIndependence –
- Renounce Section 30 process
- Assert competence of Scottish Parliament
- Recall MPs to join MSPs in National Convention
- Propose dissolution of Union subject to referendum
- Call referendum entirely made and managed in Scotland
I have been explaining all this for over three years now. For a time, I thought the idea of #ScottishUDI had found a way into mainstream discourse around the constitutional issue. I now see that I was mistaken. Our politicians are still talking as if the Section 30 process was an option. Fuck them all!
Peter A Bell 
Reblogged this on Ramblings of a now 60+ Female.
LikeLike
You’re completely correct. I think I might have questioned you about this in the past, but you do present the only logical and necessary approach. If you can get it through my thick skull, there’s hope for others yet.
LikeLiked by 6 people
I agree Peter no Section 30 not ever its a dead end, however I’m not giving up on Ash Regan just yet, I don’t think its her preferred route, nor ours.
LikeLiked by 3 people
She has said the words. She can’t unsay them. She had a prime opportunity to talk down the Section 30 process, if not repudiate it completely. That opportunity was handed to her on a plate. She did exactly the opposite of what was required. She’s stuck with it now. I don’t see any way out for her. She has validated a process which constitutes a denial of the sovereignty of Scotland’s people. It would take one hell of a politician to talk their way out of that. Sturgeon never managed.
LikeLiked by 1 person
“Fuck them all”.
I’d rather not thank you. They have all got some nasty disease which they have spread amongst themselves, affecting mind and body.
They never had a plot to lose in the first place.
Time to realise the SNP has to be rejected as the means to obtain independence. And if Alba doesn’t change tack, the same applies.
There’s more chance of independence being obtained by a party led by Nigel Farage than any of the total crap pretending to be the Scottish political elite.
LikeLiked by 1 person
The SNP is the party of government and by any rational calculation looks set to be still the party of government after the next election. Any estimate of how long it might take Alba to reach the same position? Anything between 8 and 80 years! WTF use is that to us?
LikeLiked by 1 person
Ash Regan’s current goal is to become leader of the SNP, or at the very least an influential member of the Scottish Government under a new Gaelic-speaking FM. The vast majority (I have no real evidence of this) of voters in this election, SNP members, are still firmly in the “S30 referendum box”, so it would be foolish for her to completely rule out an S30 referendum, and jeopardise the opportunity to educate the membership and the wider electorate out of that anti-sovereignty box. Finally S30 ain’t going to happen under any circumstances I can imagine, so for me the response, though disappointing, is entirely hypothetical.
LikeLiked by 1 person
That is horribly reminiscent of the arguments made by Nicola Sturgeon’s apologists.
The only thing Ash Regan had going for her was here distinctiveness in being willing to break with the past and the failure associated with it. She has blown that at the best opportunity to emphasise it. She could have made herself the hero of the Yes movement if only she had taken the chance to repudiate the Section 30 process. Her name would be everywhere. The Unionists would be on her like a pack of wolves – so enhancing her reputation further. Her opponents would have attacked her too, But it wouldn’t take long for people to notice they were screeching the same language as the Unionists.
Her chances of winning the leadership contest were almost nil. She could afford to take risks. Especially when taking that risk would assure her of a ‘second’ prize that neither Yousaf nor Forbes could ever have. She could have been the leader the Yes movement needs. She could have been forcing the issue now!
Whatever way you look at it, Geoff, she blew it. In one daft sentence, she blew it. I am severely pissed off. Her fucking advisors should be taken out and shot. Even if only metaphorically. It should have been tattooed on her brain – NEVER SPEAK WELL OF SECTION 30!
LikeLiked by 4 people
Ash Regan gives us a time scale for independence and its 2026. Forbes and Yousaf don’t even have a plan for independence let alone a time scale
“Ash Regan has vowed that Scotland will be an independent country within three years if she is elected Scottish National Party (SNP) leader and First Minister.”
https://www.msn.com/en-gb/news/other/scotland-will-be-an-independent-country-in-three-years-time-under-my-leadership-says-ash-regan/ar-AA18ARbU?ocid=msedgntp&cvid=00ecae27173648e8ba38edd12ee5cf85&ei=20
LikeLiked by 1 person
There is only one way that can happen. Embracing the Section 30 process is not it.
LikeLiked by 2 people
Again I agree Peter, I’m thinking that the time scale above wouldn’t encompass such a faux pas, it was the first time I had heard Regan agreeing with Forbes in the S30 route, prior to this Regan had strongly shot down it down.
I’m still going to give her the benefit of the doubt its early days as some things she has said have been very refreshing including uniting the indy parties, Sturgeon would never do that.
LikeLike
It is very far indeed from just S30, Peter, the Scotland Act has many Sections, S35 is also now very much in play, and it was making very specific choices from its many other Sections that allowed the UK Supreme Court to rule as they recently did.
The Scotland Act 1998 was very carefully constructed as Scotland’s prison.
That is why – now over 2 years ago – (beyond removing any consent to the continuation of the Treaty of Union, in writing the Declaration of a Sovereign Scot, that being what is the foremost statement and 100% fundamental in the Declaration), I also included this:
“I do not consent to the terms of, nor the continuation of, the Scotland Act 1998, and all subsequent relevant Acts of like nature and purpose.”
Freeports, funding Councils but by-passing the Scottish Pariament, the internal market act, Brexit, a forthcoming Bill of Rights, and much much more all have their origins in “reserved powers”, and the source for those powers is – the Scotland Act.
That is where our politicians ultimately lose credence when – and only when – they accept that position, but it is not a position that Sovereign people have to accept – thus that inclusion in the Declaration.
Our politicans may accept their incarceration, I can think of no reason why anyone else should. Regaining Scotland’s independence will only result when and if it is a majority decision ” … of the people, by the people, for the people”.
Last comment the UN Charter is insufficient (and is not law in and of itself). As I take forward the next Stages in the Declaration initiative I will eventually address in detail those aspects of international law which I believe are relevant and of assistance, with the necessary factual evidence.
I have one more Stage to handle before that eventuality arises.
LikeLiked by 3 people
Would that others appreciated the true nature of the devolution settlement as well as you do, Mike. And the implications of the Scotland Act as a whole. It is, indeed, a prison. Or perhaps it is better described as a minefield. A deadly obstacle course intruding between us and independence. Or maybe we should think of the Scotland Act as part of the armour which protects the Union.
However we think of it, it’s not good news for Scotland. Which is why we need to step outside that entire legal and constitutional framework. We can’t get through. We must go around by the narrow path between British law and the limits of democratic legitimacy.
LikeLike
I couldn’t believe it when I heard that bloody Section 30 coming out of her mouth. Like you. I despair.
LikeLiked by 3 people
And, to add to the insanity, all three said last night they would not take advice from Alex Salmond but would take advice from Nicola Sturgeon. Nicola Sturgeon! She could write a book on carrots…
Bending over backwards to try to be charitable to Ash Regan, some would argue she is simply trying to appeal for votes from the feeble-minded Nicola fan club. Yet this does raise a huge question mark as to how really serious she is in taking on Westminster. On past performance by SNP politicians, they are all talk and no action. Even if Ash Regan was to win, look at the rest of the SNP. (Supply your own pejorative adjectives…). Her fight for independence would make Bannockburn look like a skirmish in comparison.
There is so much shadow boxing going on, so much manipulation, so much questionable legality, so many hidden agendas… Why is all this so complicated? This Union is an affront to any norms of democracy. Why do so many Scots continue to hope politicians will deliver independence? The people are sovereign and the people will need to rise up and take control and end this Union – or we are stuffed for ever.
LikeLiked by 3 people
I’m not sure that AS, the man who signed the Edinburgh agreement and brought in the referendum route, should be thought of or even promoted as some sort of font of wisdom on binning this union.
LikeLiked by 1 person
Appealing to the lowest common denominator is the hallmark of all SNP politicians seeking support and ye need look nae further than the numpties wha mak up maist o’ the SNP membership for proof o’ that.
Regan’s pledge and opportunity to appeal to the wider Independence movement has been discredited by extreme naivety on her part. Tryin’ tae keep up wi’ the Forbes’s as a strategy wis nivver gaun tae win Independence an’ it has jist lost her ony chance o’ becomin First Meenister!
LikeLiked by 2 people
So here is some clarification from Ash Regan herself on her position regarding a section 30 and the route forward.
If you don’t want to spend a whole 56 minutes and 26 seconds listening to it all, the relevant part is from 23 minutes to around 39 minutes. (IIRC)
Podcast: The Political Party Episode cover art
Show 307 – Ash Regan
14/03/2023, 17:10:44
https://podcastindex.org/podcast/1083625
To spend even less of your limited time listening, first download from the given .mp3 link then play at increased speed e.g. x1.25 😉
[audio src="https://sphinx.acast.com/p/acast/s/the-political-party/e/6410aa94bac5ce00117153b6/media.mp3" /]
also:
I see that Ash has published her ‘Big Ideas’ here:
https://voteashregan.com/big-ideas/
and that todays 3pm deadline yet seems to have resulted in some movement from SNP HQ:
https://voteashregan.com/snp-membership-number-release/
LikeLiked by 2 people
Thanks for the links. There is no doubt that, despite some serious wobbles in her campaign and the fact that she isn’t quite bold enough to go for it on the constitutional issue, Ash Regan remains the Yes movement’s best choice.
LikeLiked by 1 person
A message for Ash: ‘Be bold and great forces will come to your aid.’ (Goethe)
LikeLiked by 2 people
That’s superb!
Not Goethe, apparently. Although the version you attribute to him is more succinct than the original.
https://en.wikiquote.org/wiki/Basil_King
LikeLike