No jiggery-pokery

I see Andy Anderson is still peddling the notion that by enacting the International Covenant on Civil and Political Rights (ICCPR) in Scots law would we would “have the legal right to hold a legally binding referendum on any political or economic issue relating to Scotland, and its land and natural resources”. This is part of the campaign for Swiss-style direct democracy. Enacting ICCPR (or “UN Human Rights Covenants“), the argument goes, would give Holyrood the power to legislate for a proper constitutional referendum. There are at least three very serious problems with this idea.

Firstly, enacting ICCPR would have no immediate effect. It would take many years to roll out the necessary machinery for direct democracy.

Secondly, Andy excludes the Scottish Parliament. He says ICCPR would bestow these new rights on “the Scottish people, (although not the devolved parliament)”. What he doesn’t do is explain how the legislation for a proper constitution would be enacted by “the Scottish people”, bypassing the democratically elected parliament.

Thirdly, incorporation of ICCPR in Scots law would not amend or repeal the Scotland Act (1998). The Union would remain a reserved matter. Note that this is not saying the ICCPR itself could not be enacted. What it is saying is that it couldn’t alter the fact that the Scottish Parliament lacks the legislative competence to legislate for a proper constitutional referendum.

No matter how you come at the constitutional issue, you end up at the point where legislation is required which the Scottish Parliament cannot enact. The #ScottishUDI strategy is the only strategy that recognises and deals with this obstacle - in the only way possible. Repossessing ‘stolen’ powers is crucial. None of the nominally pro-independence parties is proposing to repossess power to legislate for a proper constitutional referendum. So, there will not be a proper constitutional referendum in the next six or seven years. Which means that there will be no progress for Scotland’s cause.

The nonsense about ICCPR is just one of many foolish notions diverting people from the core issue of access to our right of self-determination, and the fact that the only way we can get that access is by having Holyrood repossess powers in relation to constitutional matters. No legal jiggery-pokery will get us there.