So the issue of Scottish independence is currently stalled. Nicola Sturgeon has asked for a section 30 order of Boris Johnson to hold another independence referendum and Johnson has said no.
The Yes side is planning to put pressure on the Westminster government to say Yes.
So here's an idea.
Use our Members of the Westminster parliament to introduce a Bill instructing the Westminster government to grant a section 30 order. After all, parliament is sovereign. Then remind MPs of EVEL.
EVEL stands for English Votes for English Laws and is a convention that English MPs should have final say on matters that specifically relate to England.
Remind MPs of EVEL and point out that it is only fair that on matters that specifically relate to Scotland the same principal should apply. If this is refused ask why not. (I'll come back to this as this is key to why we would do this).
If accepted then the Scottish MPs at Westminster who are mostly SNP will simply pass the Bill through parliament and the UK government will be legally obliged to obey it.
If, as much more likely, it is refused and English Tory MPs vote down the Bill then we come back to the matters of principle.
EVEL is widely regarded as a counter-balance to the powers and the success of the devolved governments, particularly the Scottish government. There was Scotgov doing all those nice things for Scotland but with the power to block something that would level up part of England - not fair.
However the devolved governments only have powers in relation to specific sets of devolved matters.
Independence is not a devolved matter but it is quite clearly an issue that pertains to Scotland.
This means that English MPs will have been seen to decide a Scottish matter through the UK parliament where - because of EVEL - Scottish MPs are prevented by law from deciding matters that are specifically English. This is clearly unfair and possibly wrong in law.
That's why this is such a good thing for Ian Blackford's band of Westminster-based SNP MPs to do. It creates an incontrovertible example of the UK parliament denying the Scottish people rights that are available for English people.
This has value in three ways.
- it shows the people of Scotland that we are being treated unfairly by the UK government. It's one rule for them and a different rule for us.
- it shows the people of England and the rest of the UK that we are being treated unfairly by the UK government. It's one rule for England and a different rule for everyone else. This is important because the Yes movement has been so Scotland-focused that it hasn't really done enough to win hearts and minds in England where it seems that most people support Johnson's decision not to grant us a section 30 order.
- it shows the Scottish diaspora and the international community that Scotland is being treated unfairly. There was a breathtaking moment in the Brexit saga when Joe Biden, a couple of months before being elected president, announced he would not allow a US-UK trade deal that didn't respect the Good Friday Agreement. This stunned people in England. This was a triumph of Irish diplomacy. It turns out that because of the diaspora, because Biden's ancestors were driven out of Ireland many years ago, that Ireland has a solid friend in the new American president. It was a historic moment and shows how small "weak" countries can use their diasporas, their connections throughout the world to exert diplomatic power. So this EVEL point can help us convince our diaspora that we are being held captive against our will and help mobilise them to help us. Wouldn't it be great if Biden added that not only must the GFA be respected but Scotland must be allowed to choose before a trade agreement could be signed?
