WESTMINSTER SALVO

WESTMINSTER SALVO

(or why Kenny MacAskill and Neale Hanvey’s expulsion may be much more important than anticipated)

By

Sally Hughes

On Sunday 3rd July 2022 I attended a hall in Falkirk to listen to a presentation and talks on Scotland’s Claim of Right and our Constitution.  Like many in the Independence movement, at this stage of the game, I’ve reached saturation point for taking in new information, particularly if it’s potentially complicated.  And so, I went with what’s left of my energy and enthusiasm, an open mind…. and not a lot else if I’m honest.

And what a pleasant surprise I got.  

I sat and listened as Sara Salyers explained, very clearly, our Written Constitution, our legally endorsed Claim of Right – that the People of Scotland are Sovereign, that it is an intrinsic Precondition to the Act of Union – that no person, no body, no King or Queen, no Government or Parliament (either here or in England) should attempt to alter, amend, change or discard the fundamental principle in Scotland, that Sovereignty belongs to the people, and powers to Govern are for the good of the people and the country, and are purely on loan. 

The Union between England and Scotland is breached if they mess with this.  It is that powerful.

It empowers the collective will of the people to act as a jury, when their governments fail to work for the benefit of the people and the country.  So, not a legislative or a governing body, but a peoples’ jury.

So, I went away, mulling it over, as you do – and as Sara has asked us all to do, trying to get to grips with this powerful legislation – baked into the Westminster system through the Treaty of Union, and in the Scotland Act in the reconvening of Holyrood, and wondering about how the collective will of the people can be represented? – when the people’s representatives are busy picking fluff out of their navels.

Back in the day, the people were represented by the Realm of the Estates, or something similar.  (Sorry Sara I’m going to have to be honest here and admit to being a poor student with regards the proper terminology.)

In reality most people would look at our system of elected Governance, and say, ‘well, there’s your answer, if you don’t like them, 5 years down the road, vote for someone else’.  Which if you think about it, is more akin to the Parliamentary Sovereignty in England than many of us would care to admit.

And it fails to grasp the power bestowed upon the Scots in the Claim of Right.  The word ‘sovereignty’ is not there for decoration, nor to make our politicians feel more powerful or egalitarian. 

The legislation enshrines this word with real mettle – we can sack em, and like the order of the cart and the horse, in order to sack em, we must also have the power, to serve them with complaint and call them to tribunial.

So, it is now 15 days since my first introduction to our Written Constitution, much to do, and much to think about, and with all things complicated, I’ve been sitting with it and mulling it over.  There is talk of reforming the Estates of the Realm in some form, and the argument against this – our current layers of elected representation which appear to have filled that void.  Back and forth go the arguments.

Last week , however, may be a game changer, and may change the question from ‘being how (or do we need to) we reform a group to represent our mutual wishes and adjudicate on our politicians’ failures? to, ‘who is authorised to serve notice on those in power currently breaching our fundamental Written Constitution and Claim of Right?’

Why might Wednesday 13th July 2022 be so important?

That day was the last PMQ time in Westminster for Boris Johnston, and one of his final acts was to order his Government to legally challenge the Scottish Government’s submission to the Supreme Court in England requesting permission to obtain a Section 30 order (basically a license from Westminster) to hold an Independence Referendum in Scotland.

Some have suggested that the English Supreme Court cannot adjudicate on this matter, because it is for the Scots to decide…. and I think they are both wrong and right at the same time.  

Wrong because the S30 order is a Westminster docket and right because of the Claim of Right.  (Incidentally this conundrum somewhat highlights the potential lack of wisdom in pursuing this course of action, but we are where we are.  Others might argue it was an act of diplomacy.)

I’m going to put forward the suggestion, that with 6 elected Mandates obtained, consecutively, over the last 8 years, clearly demonstrating, to the highest apparent democratic standards, the desire by the People of Scotland to revisit the matter of Independence, what PM Boris Johnston has done, by ordering this legal instruction to refuse a S30 order, amounts to An Attempt to Amend, Alter, Change or Write Out the fundamental principle that Sovereignty belongs to the People of Scotland.  

In other words, to deny the Scots their right to act as Jury over those who Govern them and to Sack them if they see fit.

And when Westminster ejected Alba MP’s – Kenny MacAskill and Neale Hanvey last week, as they attempted to highlight just how serious this was, the Speaker of the House, has in fact done a severe disservice to England.  

The Union between Scotland and England is a legal treaty, fundamental to its continuance is ‘they do not mess with the Claim of Right – in any way’.  By ejecting the Alba MP’s as they tried to do their job and stand up for the CoR, the Speaker of the House – Lyndsey Hoyle – it could be argued – has also worked in concert to mess with Scotland’s Claim of Right.

So, I come back to this point, ‘who is authorised to serve notice on those in power currently breaching our fundamental Written Constitution and Claim of Right?’

If I, as a Sovereign Scot had an issue with, oh, I don’t know…. the present 5 pence piece (I really hate it), then with no democratic evidence the majority of Scots felt the same (bet they do) then I would have no clout to take my Sovereign complaint anywhere.

With 6 consecutive mandates won, under the current democratic system of Governance within the UK and within Scotland, demonstrating the majority elected will to revisit the Independence issue, the major will of the people is evidenced and I have EVERY right as a Sovereign Scot to serve a notice of complaint upon those who would attempt to mess with it. 

Scots Sovereignty would not be worth the paper it is written on, if it relies upon the elected representatives being ‘in the right mood’ to do the job they were elected to do.

And the next argument will be, aghh but it would have to be a QC, an Advocate, a Solicitor General who would present such an important Legal Notice, we are too wee, too poor, too unqualified to stand up for our rights.

Well, undoubtedly, it would be good to have such highly qualified person to argue the case, but in terms of serving the complaint…. nah.  That gatekeeping has been foreseen and headed off by the really rather wise people who drafted Scotland’s Written Constitution.

That ‘people’s jury’ function it empowers, specifically lists the rulings of judges, as being something they can exercise their Sovereignty over, not just politicians and governments of the day.

So, we are where we are, and as the auld saying does…’wouldney start fey here’…. 

Except that, on Sunday 3^rd of July 2022 I found out that a simple slogan ‘The People of Scotland are Sovereign’ that I had heard all my life, is actually one part of a very powerful, very far seeing, Written Scottish Constitution, one which is historically and currently Legally Live and which, I think, is likely to provide the levers for us getting out of this mess.

I apologise in advance for any inaccuracies or misunderstandings of the Claim of Right (in fairness, I’d be more accurate, if the buggers hadn’t done everything they could to hide if for so long), and I hope it can be accepted in good faith as a contribution to the discussion.

More importantly, I refer you to SALVO.SCOT for more professional representation of same.

Kindest regards to all.  Aye Yes Fir Aw That.

MY COMMENTS

My thanks to Sally for this contribution to the debate. i think her article highlights the areas more work is needed. How is that sovereignty exercised and by whom? As Sally states this needs debated and examined and the more people doing so the better.

I am, as always

Yours for Scotland.

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