Independence Referendum for Scotland

Debate between Neale Hanvey and Peter Bone

Wednesday 30th November 2022 Westminster Hall

[Mr Peter Bone (in the Chair)]

As is the convention for the 30-minute debate, there will not be an opportunity for the Member in charge to wind up.

[Neale Hanvey (Kirkcaldy and Cowdenbeath) (Alba)]

I beg to move,

That this House has considered Government policy on a further independence referendum for Scotland.

Today is St Andrew’s day, and on this national day there is a particular significance and imperative. Last week, the UK Supreme Court told the Scottish Government that they could not exercise their democratic mandate to hold an independence referendum. But there was something else in that judgment—something that simply cannot be tolerated. There was the suggestion that, somehow, Scotland as a nation does not possess a right to self-determination. In suggesting that, the London Supreme Court overturned what has been the accepted legal, historic and political position that the UK is a voluntary Union.

Scotland’s separate constitutional tradition is perhaps best summed up in the view expressed by Lord Cooper, in the case of MacCormick v. Lord Advocate,

“The principle of the unlimited sovereignty of Parliament is a distinctively English principle, which has no counterpart in Scottish constitutional law.”

The Supreme Court seems to have repudiated that. Last week’s judgment rendered the UK a state of glaring contradiction. There are contradictions in our shared history, and contradictions of equality, politics, and representation.

The UK enthusiastically claims it seeks to preserve democracy the world over, yet moves to block Scotland at each and every turn. Can the Minister imagine the circumstances where, having entered the common market and ratified every subsequent treaty—leading to the European Union—the EU Parliament moved to block his party’s Brexit vote, or set a limit on when and if such a vote could be heard? The notion is, of course, ludicrous, because democracy is not a single event but an evolving and continuous process. That is how civilised people behave, and how freedom of thought and expression are peacefully demonstrated. Those are the foundations of inalienable human rights.

I will consider the contradictions, concluding with a commentary of the Supreme Court’s judgment. We are often told in this place that Scotland must be proud of our shared history as part of the most successful political union ever. I will test that narrative and ask the Minister to consider our shared history through a Scottish prism.

Before the Union, the English Alien Act 1705 threatened economic sanctions if Scotland did not settle the royal succession, or negotiate for a political union. The treaty was met with vociferous opposition both inside and outside Scotland’s parliamentary chamber but, given threats and enticements, a majority of Scottish parliamentarians were persuaded. The people were never consulted.

It so often goes that this is all ancient history and irrelevant to a modern Scotland in a respectful union of equals. Last week’s judgment challenged that previously understood narrative. What of that modern Scotland? In my lifetime, the political complexion of Westminster rule has rarely reflected the polity of Scotland. We have endured repeated Tory Governments that Scotland did not vote for, or Labour Administrations that took us into illegal wars that we wanted no part of.

Socioeconomic policies have destroyed our communities, exploited our resources and worked against the utility of the people of Scotland, contrary to the Articles of Union. The pursuit of such social and economic policies has driven a stake through the heart of once proud communities. As noted in the pleadings of the hon. and learned Member for Edinburgh South West (Joanna Cherry), in her prorogation case to the UK Supreme Court, the 1707 parliamentary Union between England and Scotland may have created a new state but it did not create one nation.

Scotland was an independent nation for millennia before its coerced incorporation. It remains a distinct and internationally recognised people and country. No clearer is that evidenced than by the much earlier and continuing Union of the Crowns, where our shared monarch does not accede to a single throne of Britain, but takes the separate crowns of the realms of Scotland and England.

As a member of the EU, the UK possessed and exercised a veto, yet claimed its sovereignty was impeded by membership. Scotland has no such mechanism in this place, and is always subject to the wiles of the policy of its larger neighbour, exemplified by Brexit. How does that constitute access to meaningful political process, as claimed by the UK Supreme Court judgment?

In signing the Atlantic charter of 1941, wartime Prime Minister and hero of the Conservative party, Winston Churchill, brought into being the principle of self-determination of peoples, as now set out in the United Nations charter, in article 1(2), article 73 and article 76. Margaret Thatcher in her memoirs said of Scotland:

“As a nation, they have an undoubted right to national self-determination.”

John Major, when Prime Minister, said of Scotland:

“No nation could be held irrevocably in a Union against its will.”

--- Later in debate ---

[Neale Hanvey]

On a point of order, Mr Bone. It is a shame that the Minister did not allow me to intervene. However, he makes assertions that are simply not possible. He is asking me in some way to manage the Scottish Government, or indeed to divorce myself from the reality experienced by my constituents, who voted for me to secure Scotland’s independence.

[Mr Peter Bone (in the Chair)]

I thank the hon. Gentleman for that point of order. It was clearly not a point of order, but his remarks are on the record.

--- Later in debate ---

[Neale Hanvey]

On a point of order, Mr Bone.

[Mr Peter Bone (in the Chair)]

We have another point of order, which I am sure will be in order this time.

[Neale Hanvey]

The question that is being considered is the position on a further independence referendum for Scotland, not the Government’s alleged beneficence towards Scotland. That is not the matter under consideration. I would respectfully ask that the Minister restricts his comments to the subject of the debate.

[Mr Peter Bone (in the Chair)]

Thank you very much for that intervention, but I am afraid that is my job. If the Minister is wandering off, I will bring him to order. He is wandering, but not quite off the pitch yet.