The path to independence does not need to be blocked by the section 30 order search strategy
The following is an abridged version of an open letter sent by the Scottish Sovereignty Research Group (SSRG) to the leaders of the pro-independence parties in Westminster and Holyrood on a fast track to independence and membership in EFTA / EEE
At SSRG we wish to express our deep concern over the declared strategy to achieve independence by seeking an Article 30 ordinance from the Westminster government to hold another referendum under the auspices of the UK Election Commission. We believe that this is not only very problematic, but may also be impossible to achieve successfully.
However, we are also of the opinion that you, as the leaders of separatist parties in the Parliaments of Holyrood and Westminster, already hold the power to gain Scottish independence and join the Free Agreement. European exchange (EFTA) in a few weeks if the following course of action is taken.
I. Scottish separatist MPs withdraw from the Treaty of Union of 1707
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HE is from the SSRG’s informed point of view that there is nothing in the unwritten British constitution which prevents a majority of Scottish MPs, representing the Scottish Party in the Treaty of Union and exercising the claim of right reaffirmed by Parliament of Westminster on July 4, 2018, by withdrawing. While it can be argued that only the British Parliament as a whole can vote on such matters, the English votes for English Laws (Evel) set a precedent under which Westminster parliamentary procedure can allow Members of the Nations Britons to vote on matters pertaining only to that nation. Scottish MPs can do the same by voting to withdraw from the Treaty of Union of 1707.
This means of becoming independent is perfectly valid and recognized in international law. The decision of the European Court of Justice of December 10, 2018 on whether the UK could unilaterally revoke the letter of notification to leave the EU ruled that it was perfectly entitled to do so. In law, the decision to withdraw or remain in a treaty is a decision of the party signing the treaty, in this case a majority of Scottish MPs.
II. Reaffirm the sovereignty of the people of Scotland and declare that the Scottish Parliament is the only parliament which represents their sovereign will
THE Scottish Parliament elected on 6 May 2021 includes a majority of MPs whose parties have declared their support for Scottish independence in their manifestos. Given the problematic nature of the Section 30 route, the power vested in it by the sovereign Scottish people has also empowered the Scottish Parliament to seek independence using whatever democratic means it deems necessary.
The Scottish Parliament is therefore expected to pass a resolution establishing that it is the only parliament which represents the sovereign will of the Scottish people, thus withdrawing from the United Nations Treaty with immediate effect. This could easily be legally justified by citing the myriad of ways the UK government has broken the terms of the treaty over the years, and continues to do so with regard to Brexit and the Home Market Bill.
It could be argued that the independence majority in the Scottish Parliament was not elected with a mandate to continue down this path. However, democratically elected governments have the power, and indeed the duty, to take whatever action they deem appropriate to best serve the interests of their electorate and the nation they represent, particularly in difficult circumstances. urgency like Brexit clearly is. In addition, as the UK’s own submission to the 2010 International Court of Justice advisory opinion on the legality of Kosovo’s unilateral declaration of independence states, international law allows decentralized parliaments to act in accordance with the law. outside the laws of the predecessor state to gain independence, while remaining internationally recognized.
III. Scotland’s accession to EFTA and EEA
IN February 2021, the SSRG approached the European Free Trade Association (EFTA) and asked if, if the May 2021 elections in Holyrood were used as a plebiscite for independence, could Scotland join EFTA? We received an answer that would not have been given if there had been no agreement between the Member States.
Yes, Scotland could join as long as the Scottish Parliament has the competence to sign international treaties and the power to comply with them. They do not know how these powers would be acquired. Once they were, the Scottish government would simply send a letter to the EFTA Council requesting membership, which would be readily accepted. EFTA would then ask the Council of the European Economic Area (EEA) to authorize the readmission of Scotland into the single market, for which it did not foresee any hindrance.
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This would allow Scotland to seek recognition as a sovereign state under international law, which it will achieve if the reasons are carefully explained to the international community. The SSRG has good sources to say that many nations and international institutions would quickly recognize Scotland as an independent state. And while they are sensitive to the fate of Scotland under UK subjugation and fully understand the reasons for independence, they continually stress that only Scottish elected officials can do it.
We understand that this path will require democratic approval through a vote of the Scottish people. However, rather than an Article 30 referendum, this can take the form of a confirmation referendum after a two-year period, once the independent Scottish constitution and state are well under construction. The vote could be on the further construction of the Scottish state or on the negotiation of a new CGU with the United Kingdom.
The SSRG therefore respectfully but confidently submits to you, as leaders of the independence parties in Holyrood and Westminster, that you collectively hold the electoral, international legal and moral authority to withdraw Scotland from the Treaty of Union of 1707 and affirm that the Scottish Parliament is the sole representative of the sovereignty of the Scottish people.
We sincerely hope that you will take advantage of this opportunity that the SSRG has meticulously cultivated.
Dr Mark McNaught and the