Onus on Westminster to tell Scotland how it can break away
As we await the decision of the Supreme Court on whether the
Scottish Parliament has the ability to legislate to hold a referendum on Scottish independence, the nature of the UK itself is under scrutiny.
It has been acknowledged that the UK is a multinational state, with nations free to leave if they want to. However, apart from Northern Ireland and in the absence of a written constitution, there are no legally or politically agreed ways of allowing this to happen.
If it is decided by the Supreme
Court that the Scottish Parliament does not have the ability to determine Scotland’s future, it is then in the hands of the British state to agree to this. Even if the Supreme Court decides that it does, the UK Government does not have to abide by the result of any such referendum, although one would hope it would. Given the current mood in Westminster, it would not be unexpected for it to legislate to reverse this judicial defeat.
This clearly changes the nature of the Union, from what it was believed to be one based on consent, to one based on law. So, we have the obvious contradiction of a UK Government that accepts that Scotland can become independent, as was illustrated by the vote in 2014, but none of the leading UK parties is willing to outline how such a political goal can be achieved.
The Supreme Court will not provide the answer to how Scotland can determine its own future, this will be a decision for politicians. If continued SNP victories in elections are simply to be disregarded, the onus is on the UK political parties to outline in what circumstances such a vote can take place.
Alex Orr, 2/3 Marchmont Road,
Edinburgh