Originally posted as a reply to a BTL comment on a report in The National. I thought it worth pushing.
The way to address the constitutional issue is clear. It all hinges on legislative competence. protesting policies and demanding powers at best comes at the matter piecemeal, and is therefore ineffective. We KNOW it is ineffective because we have more than nine years of evidence proving that it is ineffective.
It’s a constitutional issue. Not an immigration issue or an economic issue or a tax issue or any of those things. It is a constitutional issue. It must be addressed as such and not as if this was merely some election campaign.
The Scottish Parliament MUST assert its legislative competence in all matters relating to Scotland’s constitution. Initially and ostensibly – but not solely or exclusively – this should be done in order to facilitate the exercise by the people of Scotland of our right of self-determination as guaranteed by the Charter of the United Nations; there being no other way this can be done, as the British state has effectively ruled out all alternatives.
Think about it! Why indulge in almost certainly futile arguing about partial powers in specified areas which can be withdrawn at the stroke of a Prime Ministerial pen, when you could have all the powers in every area in perpetuity by taking legislative competence in relation to the constitution?
Think some more! Why put all that effort into fighting the British state on issues that will be decided by the British Supreme Court and/or the British parliament when, by making the issue self-determination, which is classed as a human right, you give primacy to international law?
Think just a wee bit more! The only way the constitutional issue can be resolved decisively and conclusively is by means of a proper constitutional referendum which will stand as the formal exercise by the people of Scotland of our right of self-determination (see Stirling Directive Appendix II). DO NOT believe the lying, cowardly, self-serving politicians who spin you stories about de facto referendums and the like. They are just afraid of the confrontation without which nothing will ever change except to get worse.
Such a referendum CANNOT happen withing the legal and constitutional framework of ‘British’ law. A Section 30 referendum can NEVER lead to independence. If we had voted Yes in 2014 – by whatever margin! – we would still not have independence. It’s long past time people recognised this incontrovertible fact. A proper constitutional referendum can ONLY be a referendum entirely made and managed in Scotland under the auspices of the Scottish Parliament and other Scottish democratic organisations and institutions – GIVING NO FORMAL ROLE TO THE BRITISH STATE! That can only happen if the Scottish Parliament has legislative competence. There is only one way the Scottish Parliament can acquire that legislative competence and that is by TAKING IT!
POWER IS NEVER GIVEN! POWER IS ONLY TAKEN! THAT WHICH IS GIVEN CAN NEVER BE MORE THAN THE ILLUSION OF POWER!
There is nothing massively complicated about this. All of it is perfectly ‘legal and constitutional’ – so long as you accept that in Scotland, Scotland’s law and Scotland’s constitution should take precedence.
I’ve had a lot of time to think about this. And the biggest possible incentive to think well. I have been through every phase of the fight to restore Scotland’s independence since 1960, or thereabouts. I’ve seen all the campaigns. I’ve read all the proposals. I’ve chanted all the slogans and waved all the placards. It has taken me 60+ years to realise that all of that was merely a preamble to #ScottishUDI. Or the alternative; Scotland subsumed finally and forever into ‘Greater England’.
Choose!
#EndTheUnion #ScottishUDI #StirlingDirective
Peter A Bell 
The “independence referendum” in 2014 was only ever a term used by people who did not fully understand the terms and what the “British State” would do to avoid such ever happening.
There is no route to the restoration of Self-determination and independence by using domestic legislation because, as I have said so often “England cannot afford Scottish independence”! We know it and they know it, but it remains hidden from the vast majority of Scots and of course internationally.
Why do the political parties supposedly “fighting for independence”, apart from the ISP, continue to pour time, effort and money into chasing an illusion? An illusion created by our oppressor to have Scots believe that the only way for Scotland to become independent is by using the very system designed to deny us independence!
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I’m not sure why you make an exception for ISP. Unless something has changed very recently, ISP has no better ‘strategy’ than any of the others. Abstentionism is just a gimmick if it doesn’t connect with a viable process. I had hoped Alba Party would be the exception. It has been a depressing failure. Now, people who jumped from the failure of the SNP to the failure of Alba may jump to ISP hoping for better. The triumph of hope over experience.
It’s irrelevant anyway. Action is needed NOW. Not in however many decades it takes for Alba or ISP to become the party of government. The SNP is the party of government NOW. Therefore, like it or not, the SNP is the only party that matters. It’s remarkable how many people are in open denial of this fact.
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while it is true that only the SNP can do anything they have shown by the 9 years and present situation they are not going to do anything
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It was up to us to rectify that. The Yes movement wasn’t interested.
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“The SNP is the only party that matters”.
Too true. It matters because they have not even considered what you propose, never mind adopting it as a way to throw off the chains. It matters because they will continue to ignore it and carry on troughing for as long as they can get away with it. It matters because they don’t have the intellectual capacity, never mind the will, to do what you propose. It matters because the time is running out for action and the SNP have not changed one iota in the right direction, and show no sign of doing so.
I know the SNP is the party of government NOW.
THAT’S THE MATTER.
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We have had opportunities to change that. The biggest part by far of the Yes movement couldn’t be bothered to make the effort.
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I didn’t join ISP because of any hope that they will be electorally successful in time to make any real difference to the timescale in which we achieve our goal. I am hopeful but not quite that hopeful. However, strange things happen in politics – who would have thought just a few years ago that the SNP would become what it is today?
I joined ISP because I agree with their policies of Popular (Direct) Democracy and Universal Basic Income and will help them to develop those policies and to educate others about the possibilities for real change that they could bring to Scotland.
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I see we’re not talking about the immediate constitutional issue any more.
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Yes… you have exposed my own thoughts… I do not know how Scots are going to wake up to this theft of all Scotlands resources… as we can rely on the censorship of the foreign owned media to blindside basic facts…. and unfortunately our democratic representatives have obviously no intention of actually taking a stand other than going along with westminster rules….in which they seem to enjoy being ignored…. Not one of them speak for me…. maybe I’m too radical… out of step… but I have been a nationalist since I was a teenager who returned from Oz with it’s bungalow estates complete with swimming pools that ordinary wage earning people enjoyed….. and returned to labours answer to East German style ‘schemes’ …
So what’s changed really… are we as advanced as befits any Oil rich country.. are Norwegians with its superior social system funded by investments from its diversified Oil Fund… feeling as unrepresented by their democratically elected representatives as I am with these passive nationalists… who sit by and let our colonial master pimp us out?…. Yes… I vote for them in the 20 seconds worth of democracy I have every 5 years… but … they do not speak for me…
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Given the recent patronising dismissal by an approved minion of the Scottish Government (https://peterabell.scot/2023/11/24/we-are-betrayed/) of the Stirling Directive instruction (https://peterabell.scot/2023/09/20/no-place-for-people/) is there now a plan for follow-up action in order to make them take ntice?
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Short answer, yes. If an acceptable response has not been received by the deadline, a process will be initiated by which the Scottish Government will be taken to the European Court of Human Rights (ECHR) accused of breaching the human rights of the people of Scotland by failing/refusing to facilitate the exercise of our right of self-determination. The deadline expires in about a week.
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Nice one.
I am sure that the likes of yourself, Sara Salyers and Iain Lawson will keep us posted of developments as they happen and what we may do to support further initatives.
Let’s keep the heat on … the (SNP) Scottish Government.
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It is important to understand that #StirlingDirective is unlikely to be the solution to the constitutional question. It is better regarded as a useful strand of activity as it is pressure applied directly to the Scottish Government. How effective that pressure is depends on the amount of demonstrable public support for the initiative. It is the same problem that confronts every campaign – how to get people off their lazy, complacent arses. Most can’t even be bothered making the effort to append a hashtag to their social media posts declaring their commitment to Scotland’s cause.
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Quite.
#ScottishUDI
#StirlingDirective
#EndTheUnion
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I like the last 3 comments!
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I see the First Minister had to pull out of First Minister’s Questions today.
He isn’t too well, and had to cancel a climate conference today,
e wonder, if there might just be a new vacancy for First Minister before too long???
It would appear precious little is gonna force change to present SNP policy without a new person in charge of SNP, but of course, it has to be someone outside the current leadership lot.
Only time will tell, but again, Time isn’t something we have any more!
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It always comes back to that issue of time, doesn’t it?
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