Does the SNP think Scots Law exists?

Or are they trying to make sure it doesn’t?

The basis of this blog is a comment made by Gayle, a reader of the site, in response to my blog “What authority does the Scottish Government have”. You can read my blog here. I think Gayle’s reply is worthy of a wider audience.

With the Scottish Government meekly accepting English Supreme Court rejection of two Holyrood bills, they are doing exactly what they should categorically be refusing to do; recognising its legitimacy. This is especially relevant as it refers to UK law. UK law is non-existent, there being only Scots and English law within the Treaty of Union.

What is worse though is their absolute silence on the fundamental breaches to the treaty which not only violate the treaty but change the very nature of it.

Take a look at the English Act of Union Bill (2017-2019) being discussed in the Lords and what it says in Part 1 Section 1 concerning the very name of the treaty. UK not GB. Now you may think but this is what the treaty is commonly referred to but legally the treaty should be in the name of Great Britain. Then read further on how they make themselves the sole continuator state and authority and give themselves the power to define which areas of life they will control and the power to change these at will without consulting the devolved parliaments, thereby granting themselves a veto over Scotland and the Scots. You can read the full act here.

Next, look at Clause 38 of the EU (Withdrawal Agreement) Act, where they have written English parliamentary sovereignty into law for the first time. Carwyn Jones puts the point across very well in this video. though he incorrectly states that the Scottish Parliament was dissolved in 1707.

Then, look at Westminster’s Internal Market Act, paying close attention to the wording – again under UK not GB. And recently the motorist identification legislation which states that all Scots must cover up and/or replace GB identifiers with UK. You can read the full act here.

It won’t be lost on you why this fundamental change. Add to that to the paper commissioned by the English government and penned by Crawford and Boyle, particularly Part IV, which claims that Scotland was extinguished and subsumed into a Greater England albeit under the new name of UK and the significance of renaming the state UK becomes clear. As does the reason they enacted EVEL.

And what has the Scottish government done? Nothing. Absolutely nothing. They have capitulated to the English government every single step of the way. Did you know that they are actively writing into law all the aspects which have been mere conventions within the treaty of 1707? Such as the convention on ratifying treaties. Now ask yourself why the English government are writing this convention into English law. And to top it off they even have English government offices in the Scottish capital and in Glasgow. This and so much more has been happening right under their and our noses and there is silence. There is the constant “permission must be sought from England” from them not an assertion of Scots sovereign authority. And let’s not forget that they actively removed the Scottish nationality and replaced it with British which is against the law to do. As I have pointed out elsewhere, this is death by a thousand cuts and hardly anyone seems to notice.

What is also worrying is that any time Scots start to question why Scots authority is not asserted and seek to do so, as if on cue out come the “Scotland is a colony” chanters. Almost as if deliberately trying to undermine Scotland and its true status as a sovereign nation state and partner to the treaty.

My comment

I think Gayle is quite right when she suggests that the Tory government are trying to establish in law a unitary state called the United Kingdom, of which Scotland will be just a small part. It cannot have escaped the SNP’s attention that this is happening, so the question to be asked of and answered by the SNP and the Scottish Government is why are you doing nothing about it.

Beat the Censors

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22 thoughts on “Does the SNP think Scots Law exists?

  1. When the New SNP allowed the Supreme court to rule on Scots law that was the end of our legal system in my opinion. The New SNP should have stated that the Supreme court for the UK has no legal status in Scots law.

    Liked by 2 people

    1. I think it’s worse. If Westminster succeeds in turning the UK into a unitary state, Scotland will become Scotlandshire and Holyrood just the council chambers, as Tony Blair said. Don’t the SNP see it, or don’t they care?

      Liked by 3 people

      1. Will Westminster succeed in turning the UK into a unitary state though? If we follow Gayle’s thinking to its natural conclusion, they (WM) CANNOT change the ToU. That would need Scotland to sign the Agreement to any changes or the dissolution of it. All the changes that have gone before & all the changes that will come in the future – they are all done under ENGLISH law & haven’t been accepted by separate, Scottish law. To follow the reasoning, all these new laws & pieces of legislation aren’t worth the paper they’re written on, given the co-signatories haven’t signed BOTH their agreements to those changes.

        It’s just more legislation that we don’t have to accept. And that is the rub, according to Gayle – and which I heartily agree – Scotgov are allowing it all to happen purely by their silent acquiescence. They are giving consent through not speaking up & not challenging the makers of those laws – WM. When HR first became a thing, I can see how this would happen, given the devolved govt was run by unionist parties. And as such, they were happy to go along with whatever helped WM. But an Independence party has been in pretty much sole charge for over 10 years – and nothing has been done, no challenge to WM, no vetoing any policies or legislation, no nuthin’.

        Holyrood and the Scottish National Party through being the current Government, should have been challenging every piece of legislation that WM has thrust upon Scotland. Scotgov is, indeed, letting us down.

        Liked by 3 people

      2. WM can also win, as you say in the second paragraph, if Scotgov do nothing; accept any changes by refusing to argue against them and by actual acceptance of the English Supreme Court’s authority over Scots Law. Remember John Swinney’s reaction to the verdict on the two HR bills was along the lines of “I’m not happy with the decision, but we’ll accept what the court says”. That went further than silent acquiescence. That was a green light to WM.

        The ToU means nothing if no one stands up for it. Treaties get rewritten all the time and Scogov inaction and lack of resistance is allowing WM to rewrite this one in its favour. Either the SNP are too thick to spot what’s happening or they’re going along with it in the full knowledge of where it’s going.

        Liked by 4 people

  2. It’s like tending a piece of land that you don’t own. After X amount of years you can lay claim to it legally.
    This scenario is no different.
    The more the Scottish Government don’t respond to these actions from WM, WM will turn around and say, at no point did you object.
    You are now enshrined into English (UK) law.
    At that point it’ll be too late to do anything about it and everything will be in place to whip the rug from under our feet.

    Liked by 6 people

    1. Couldn’t agree more. Lack of any action, short of touching the forelock and saying “yes sir”, is not standing up for Scotland. Will the current Scottish Government ever grow a pair? Unfortunately, I doubt it. Their interest in independence is minimal to non-existent. Gender politics is everything to them.

      Liked by 4 people

    2. The new SNP asked for a vote in the house of commons regarding the claim of right, why did they ever need to do that, then Sturgeon calls a section 30 order the Gold standard why would she do that.

      Liked by 3 people

      1. Perhaps she expected the Commons to reject the Claim of Right, allowing her to bleat about the evil Westminster. Relying on Section 30 gives another country an effective veto on Scottish independence. It makes no sense, but as there is no progress being made, it makes no difference either. It’s just another excuse.

        Liked by 1 person

      2. Sturgeon is more interested in 0.01% of the populations wants and the rest of 99.9% of scots can just wait until transgenders get what they want. Sturgeon is making Scotlandshire part of England all the time like you said, what can you do when New SNP follow her blindly.
        No one who wants independence believes now Sturgeon is going to get a legal and binding vote on it, so in 2023 lets see what happens and if it brings about her demise from politics, doubtful but hopeful.

        Liked by 1 person

  3. “Scotland is a colony” chanters. Almost as if deliberately trying to undermine Scotland and its true status as a sovereign nation state and partner to the treaty.”
    I think you are misrepresenting/misunderstanding what people are saying (not chanting).
    Scotland is being TREATED like a colony by Westminster despite being a PARTNER in a treaty. It is a de facto but not a de jure colony. However as you rightly state above the legal status of Scotland is not being enforced by the Scottish parliament and is being ignored, indeed undermined by England. So all that is left is the de facto. If you do not assert Scotland’s sovereignty and its equal status to England and England treats us as a possession, what would you call us other than an effective colony or region of Greater England?

    Liked by 4 people

    1. I think that was the point Gayle was trying to make. What she says is that Westminster are trying to turn the UK into a unitary state and that would include Scotland simply as another shire, Scotlandshire. Arguably more dangerous than a colony, because it would put us in the same position as Catalonia. We could never escape if they succeed.

      I’ve said several times before that we are treated like a colony and it appears the Scottish Government is quite happy to go along with that and even quite happy for Holyrood to become the council chamber of Scotlandshire.

      Liked by 2 people

      1. This the dilemma we are in, most aware people can see the ongoing colonisation or mutation to a shire, but despite the Sovereignty and the power bestowed therein, the SG/SNP refuse to use it to steer a path for Scotland alone to decide its future.

        So either NS is a quisling for WM or she is simply a “White Feather” coward and will go down in history as the woman who sold out Scotland.

        Liked by 2 people

      2. It’s difficult to know what Sturgeon is now. As I said in a previous blog, how has she transformed from the independence firebrand of 2014 to devolutionist gender lover of today, happy to throw anone who disagrees out of the party, under the bus or into jail. A quisling, a coward or being blackmailed for some previous or current misdemeanor; could be any (or all), but independence will never come while she’s in charge.

        Liked by 1 person

  4. Gayle and the rest of us are in the same camp. We argue about the nothing. In my view we have an absolute right to our freedom and rights but we are subject to colonialism. This is frustration born of having no political representation capable of freeing us from this position

    Liked by 2 people

    1. Colonialism is bad enough, but a colony can regain its freedom, given sufficient political will. Unfortunately, we don’t have that at the moment, but there is at least the possibility of change. If the UK is accepted internationally as a unitary state, the options available to us to gain independence would be severely restricted, putting us in the same position as Catalonia, and look how their attempt was quashed. The Scottish Government should be having discussions with foreign leaders seeking to prevent acceptance of such a move. If only there was such an opportunity when many leaders of friendly states were in one place – at a conference for example.

      Liked by 1 person

      1. I agree that if the UK is accepted internationally as a unitary state, the options available are restricted. But as long as we have elected Reps in HoC, they are the official voices of Scots And as such, they will ALWAYS be able to make the trek back home & declare Scotland independent. And that too is part of the ToU – that we will be represented as an equal partner in the ‘new’ parliament determined by the Treaty. Okay, the ‘equal partner’ bit didn’t work out very well, due to the larger population of England. But – we are always entitled to be represented there. If somehow WM were able to manipulate it so we no longer were able to take part, we would automatically be able to say ‘the deal is off. The Treaty is over’. As long as we are represented at WM, we still have reps to bring home & declare us Independent.

        That’s how I look at it, anyway.

        Liked by 2 people

      2. SNP MPs can always make the trek back home and declare Scotland independent, but somehow I don’t see that happening with current bunch of chancers (I could use a different word) masquerading as independence supporters. I wish they would.

        Liked by 1 person

      3. And I most certainly agree that talking to the Int’l communities would benefit Scotland. Yes… *sigh*… if only there was a way, an opportunity to talk to the many leaders of our Global friends… :-/

        Liked by 2 people

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