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Wednesday 16 November 2011

The referendum, the Law–and Gordian knots …

I have run the risk of late of wandering into legal territory that is beyond my expertise and competence, and defeats my aim of offering clarity to ordinary voters rather than political anoraks. I felt it was a risk worth running. But let me say this again -

The law is a process which now and again delivers justice and equity, but often doesn't. We can expect the kind of war of legal experts that has erupted recently to intensify until the debate proper starts.

The thrust towards independence by any nation is not driven by law, nor is it determined by law – it is determined by the will of the people, however it manifests itself. The law is a necessary adjunct to the negotiations after independence becomes an inevitability.

I fervently hope that we can determine the will of the Scottish people by a referendum properly conducted by the Scottish Parliament at a time that is right.

When the chips are down – and they may well be – no one needs a legal licence to determine the will of the people.

There is at, the very least, a critical mass of people in Scotland – call it a significant majority if you want –who passionately want - and will demand - their independence. Every indicator shows that. They will not accept their aspirations being buried in legal jargon and posturing.

The United Kingdom is a deeply socially and economically divided nation, with gross inequalities and injustices, and the legal system has often failed – some might say endemically failed – to remedy that, because in far too many areas, the law is the tool of a rich and powerful Establishment.

Claiming to know the mind of silent majorities and challenging the validity of democratic mandates is the instant resort of dictatorships, whether cloaked by the trappings of democracy or not, when they get a democratic result they don’t like. This has been done repeatedly in respect of the clear and unequivocal mandate delivered by the Scottish people to its present government.

Silent majorities – and that includes non-voters – are usually silent because they have nothing to say. The fate of nations is determined by those who are active as voters and individuals in the political process. By definition, the majority of them are not political sophisticates – but they have a vote, a voice, and they will be heard, come what may.

But the present crisis of capitalism, for that is what it is, represent a great wind of change blowing across the UK, Europe and our planet.

The political Left are in disarray worldwide and have nothing to offer in this great crisis, one that they forecast for a century or more but are now totally ill-equipped politically to handle.

There are great threats to democracy within the crisis, and both vested Establishment and financial interests and vicious neo-fascist interests that have both the will and the means to exploit it.

No amount of learned legal analysis will deliver either independence or the maintenance of the Union, because the people will either speak and act or they won’t, and the legal analysis will be meaningless to most of them. The ballot box has already sent a clear signal of their will, and the referendum will send another.

The UK Government is running grave risks in the negative and aggressive threatening way, with thinly-concealed threats to destabilise the Scottish economy, in which they are politicising the independence debate, in exactly the same way as the previous Canadian Government.

Scotland will not accept this.

The Scottish Government has relied to date on the process of rational debate and conventional politics, with spectacular success, to keep the independence debate on a rational footing. I hope we manage to keep it that way. The alternative are best not contemplated …

3 comments:

  1. Those last couple of paragraphs are very important, Peter. Westminster has a very BAD history of not recognizing that you can only deny a nation independence for so long and peoples can only be pushed so far.

    Hopefully, they have learned a hard lesson from the past because as you say the alternative is best nhot contemplated. They MUST NOT interfere with the right of the people of Scotland to decide their own fate.

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  2. Best not contemplated yes - but they have been. I'm sure the Brit nats have contemplated it too and there is all that oil after all.

    There's about a million SNP voters, if even 0.001% of that number decide not to let the Westminster coalition confound the will of the people then that's 1000 militants.

    If 10% of that number are not willing to sit idly by, then that's a declaration of Arbroath.


    There is another 100 that is possible if the Brit nats don't cheat.

    69 MSPs + 31 MPs = 100

    That's a preferred choice - the Brit nats will fight the dirtiest political campaign in history.

    Anyway, that's a ways off yet.

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