Dear European friend,
Last Wednesday was a momentous day for Scotland.
In the morning the UK Supreme Court certified that the UK’s uncodified constitution does not allow the Scottish Parliament to fulfil the democratic mandate from the Scottish people for a new independence referendum.
The decision brought long awaited legal clarity. Dismissing the UK’s government argument that it couldn’t rule on the matter, the Court found unanimously that the Scotland Act from 1998 does not grant the Scottish Parliament the right to pass legislation which impacts the United Kingdom as a whole. The judges argued that even in the consultative referendum proposed by the Scottish government a “clear expression” from the Scottish electorate “would strengthen or weaken the democratic legitimacy of the Union”.
As the Scottish electorate has clearly expressed its desire for a referendum in every election since Brexit, most recently in May 2021, democracy scholars regard “the democratic legitimacy of the Union” already as weak. The Supreme Court’s decision makes clear that only Westminster can address this weakness. If the UK government wishes to save the Union, they need to urgently pass a Section 30 order granting the Scottish Parliament the power to legislate for a referendum. The truth is that the longer Westminster denies the Scottish people a choice, the weaker the democratic legitimacy of the Union will be.
However, it’s expected that the Tories will continue to deny Scotland a referendum. Too fearful are they not only that independence would win but also that Scottish independence would be the final nail in the coffin for Brexit.
Meanwhile, many Scots felt deflated after the verdict. However, it doesn’t just give reason for dismay. As Anthony Barnett argued: “On the surface this is a setback for the Scottish Government. Just as important, below the surface, it is a constitutional set-back for the Conservative Government. It is also a political clarification that the United Kingdom is united only in the sense that it is a prison for its constituent nations.” Many predict that the verdict will in fact reinforce the support for a new referendum in Scotland.
The rest of the day did not unravel as the UK government hoped. Following the Supreme Court’s decision on Wednesday evening, unexpectedly large crowds gathered in 13 cities all across Scotland in peaceful demonstrations, signalling their determination to keep pushing for a referendum.
Europe for Scotland was very proud that despite the cold weather and the short notice we managed to organise seven gatherings in solidarity with Scotland in six European countries. Thank you so much to all those who joined us in Brussels, Dublin, Rome, Paris, Berlin, Munich, and in Skive, Denmark.
Our gatherings received attention from the press, both in Scotland and in Europe. A statement from our campaign was not only read at each of these gatherings but also at the rallies in Scotland, including at the main rally outside the Scottish Parliament, where our French ambassador Elise Tallaron delivered our message (here on Youtube or on Facebook) right after Scotland’s First Minister Nicola Sturgeon.
The First Minister had also spoken in a press conference following the Court verdict, where she quoted the former UK Prime Minister John Major who once said, referring to the UK membership of the EU: “No nation can be held irrevocably in a union against its will.” A point that clearly also applies to Scotland within the UK.
Many echoed Sturgeon’s analysis that without a democratic route to leave it, the so-called “voluntary union” between England and Scotland was clearly not voluntary after all. Numerous Scots also highlighted the contrast between the EU treaties which allowed Brexit and Westminster’s refusal to even enter into discussions with the Scottish government to agree a timeline or the conditions for a referendum.
Striking about the whole debate in Scotland was that by and large, the Supreme Court was not attacked for its decision. “The Court doesn’t make law, only interprets it”, in the words of the First Minister. The respect for the decision stands in stark contrast to the violent attacks of the pro-Brexit politicians and tabloids back in 2016 when the Courts decided that the UK Parliament and not the UK Government should have the final say before formally triggering Brexit. Famously, judges were accused of being “enemies of the people“.
This reveals a fundamental difference between the Anglo-British nationalism, which fuelled Brexit, and the independence movement in Scotland. While Anglo-British nationalism is reactionary, insurrectionalist and anti-constitutional in nature, the Scottish independence movement is civic and democratic in spirit, seeking more power for its Parliament by legal and constitutional means.
We are absolutely convinced that the only way out of the constitutional crisis of the United Kingdom must be democratic and constitutional, as demanded by our Scottish friends. For this reason we want to grow a European civic movement calling for Scotland’s right for self-determination. If you are reading this, you are part of the 15 thousand Europeans who have signed our open letter (we also have it in Esperanto and 19 other languages) and we thank you for that. Please consider sending it to a friend who can understand the importance of standing up for democracy in Scotland as a way also to reinforce the value of democracy everywhere in Europe.
Finally, an invitation!
To lift up all our spirits as we’re heading into the festive period, we’re holding an event on December 8th, when we will launch our new film with the writer Billy Kay and celebrate Scotland’s long and rich European history. We would love it if you joined us. Please register your interest at this link, and feel free to submit any questions you may have about Scotland’s European history ahead of the live event.
Stay strong and hopefully see you soon!
In European solidarity
EfS team