There are no legal routes to independence. We cannot challenge the British government over its refusal to grant a Section 30 because there is no mechanism in law with which to do this, and there is no constitutional requirement of the British government to do it either. This was always a fiction. Scotland does not have the same relationship of consent with the London government the people of the north of Ireland have in the Good Friday Agreement. Britain does not legally require the consent of the Scottish people to government Scotland.
Honestly, we didn’t think they thought like that – not really, and not so ordinarily. We had our suspicions, but we had no way of knowing just how idiotic and wonderfully deluded the opinion of the average Englishman is. Boasting of empire and the conquest of half the world, taking pride in something analogous to robbing half the houses on Highfield Road, is a special kind of craziness. It betrays the ignorance at the heart of England’s memory of empire, an obnoxious and dark period of British history in which thoughts of racial supremacism led to genocide and ethnic cleansing.
Derry-born woman Emma DeSouza has never considered herself British. She identifies as Irish, and the GFA – accepted in good faith by the people of Ireland – gives her the right to identify “as Irish or British, or both.” The GFA confirms that anyone born in the British occupied six counties has the right “to hold both British and Irish citizenship.” But recent events around Britain’s decision to leave the European Union have exposed what Republicans have always known; that Britain signed this treaty in bad faith and had no intention of honouring its terms
In 2014 we saw ourselves as a small nation in a David-versus-Goliath fight. Realistically, in the beginning we did not expect to win. One theme repeated frequently at the time was that we just wanted to be a nuisance, that we wanted to have a bit of craic, upset the apple cart, and maybe – if we got lucky – give the English political establishment a bloody nose. We saw ourselves as a pesky younger sibling trying to make a point. But something changed. At some point in August 2014 it dawned on us that we might win – that we had a real shot of securing independence.
By closing our parliament Britain will be committing a crime against our democracy and our sovereignty. At that moment its claim to us and its claim to our civil obedience ends. Every law intended to safeguard the British state and dominate Scotland ceases to have effect. At the closure of the Scottish parliament we have every moral and legal right to defend our country and to assert our Claim of Right. No matter how hard it tries, Britain will never defeat us so long as we stay united and work together, bearing every blow it deals us with perfect resolve and unwavering determination...
Scots are genuinely and rightly concerned about the future of devolution. There is nothing permanent in the current constitutional arrangement, and nor can there ever be. It matters not a jot what the Scotland Act says or what any one politician says; sovereignty in the United Kingdom rests only in Westminster. No law and no treaty can bind the power of this or any future London government to any particular course of action. We can talk about the Claim of Right and Scots Law all we like, the legal reality, for so long as we remain a part of the United Kingdom...
In sum, for as long as Scotland and its valuable natural resources are of economic and strategic value to the British state, the law will function to preserve the integrity of the British state – even if that means denying the democratic will of the majority of Scottish people. The familiar argument against this assertion; that we had an independence referendum in September 2014, is a facile one. Scotland was granted an independence referendum in 2012 by David Cameron, a serial gambler, in the assumption we would lose.
Sectarianism is a reflection of the historical, social, and political tensions of Scotland, dating back – of course – to the Reformation. Even then however, from the mid-sixteenth century, the struggle between Catholicism and the various Protestantisms of the Reformation period was always, in essence – as it was in England and on the continent, a power struggle. With the Peace of Westphalia – ending the Wars of Religion in 1648 – where states recognised the principle of cuius regio eius religio, which granted the monarch the right to determine the religion of the state.