GRASSROOTS campaigners have unveiled a new plan for independence which proposes using a “double-majority mandate” at the next General Election to trigger the process for leaving the UK.
The plan from Believe In Scotland (BiS) states that a win in a referendum is “based on a majority of votes” and a win in a General Election in Scotland is “based on a majority of seats”.
But it argues that as the UK Government has blocked previous mandates for a referendum, “the rules of a General Election victory apply” to delivering a renewed mandate in the next Westminster vote.
The organisation proposes that pro-independence parties will seek a mandate from the Scottish people to begin the process of dissolving the Union, resulting in the country becoming an independent nation.
“Once that mandate has been delivered and the process of independence initiated, Westminster may not pass laws that materially affect any aspect of Scotland or Scottish life without the full approval of the Scottish Parliament,” it adds.
The four-page proposal takes into account two potential victory scenarios for Yes – a double-majority or single-majority mandate – at the General Election.
Under the first scenario, winning a majority of both seats and votes for pro-independence parties will “establish that independence is the settled will of the Scottish people”.
BiS suggests this will allow the Scottish Government to begin the process of Scotland regaining independence, including the re-establishment of the Scottish Constitutional Convention with the participation of political parties, trade unions, charities, religious organisations and civic society.
Scottish MPs could also take time away from Westminster to participate for up to a week every two months to help take the convention to the people across Scotland, it adds.
The single-majority mandate based on winning a majority of Scottish seats at Westminster would also be a vote to begin the process of independence, the BiS proposal states.
Under this plan, it would provide a mandate for the Scotland Act to be amended so the Scottish Government has the power to hold a referendum on the constitution, at a date of its choosing.
However, the proposal states if the UK Government refuses to negotiate on this then it will signal an “end to the voluntary Union” and empower the Scottish Government to begin the process of independence, including the establishment of the convention.
The statement has been contributed to by the organisation’s ordinary members, elected regional representatives of the national steering group, as well as organisers of the 141 affiliated local and national Yes groups through a series of events hosted by BiS since February.
It is understood to have been sent to all pro-independence party leaders who have elected MPs or MSPs on Friday evening.
Founder of BiS Gordon MacIntyre-Kemp said: “Our goal is to focus the parties on how we can use Westminster to make the case for independence and start the process of Scotland becoming an independent nation following a pro-independence majority.
“We hope this adds value to the conversation and gives the party members food for thought as they decide on their party’s approach to the next General Election and independence.”
The two potential victory scenarios have been laid out in detail, with suggested wording of manifesto mandates.
It opens with: “A vote for a pro-independence party is a vote for Scottish independence and we will initiate the following actions based on the performance of pro-independence parties in terms of both seats and votes.”
The process in the event of a double-majority mandate that BiS recommends is the re-establishment of the Scottish Constitutional Convention, including all stakeholders based in Scotland, including political parties, trade unions, charities, religious organisations and civic societies, “making it fully open and representative of the people of modern Scotland”.
The convention would meet and design a framework for Scotland to “become an independent nation and agree on a legally and democratically acceptable path to Scotland’s independence within four years of this General Election”, including finalising the written constitution based on the existing interim draft.
The convention, in partnership with the Scottish Government, would then invite the UK Government to “join negotiations on the terms of Scotland’s independence”.
The proposal states that if the UK Government refuses to engage, then “the Scottish Constitutional Convention will begin the process under its own auspices and through the power of the undisputed Claim of Right of the Scottish people”.
It continues with this position by stating the Scottish Government “would be legally empowered to engage with the international community”, including the European Union and United Nations.
It further maps out possibilities for convention events and suggests Scottish MPs could be removed from Westminster to participate in the convention across Scotland for “up to a week every two months”.
It adds: “In travelling around Scotland, the convention will develop a vision for a better Scotland. It will pass resolutions demonstrating the value of an independent Scotland.
“When the UK Government attempts to block Scotland’s progress, the huge, unsustainable cost of remaining in the UK will become evident and unacceptable to all.
“This is not a contentious plan; it is completely legal. It simply reconstitutes Scotland’s Constitutional Convention and follows the same path to independence as Scotland followed to devolution.”
The document goes on to lay out the process in the event of pro-independence parties winning a majority of Scottish seats – a single-majority mandate. It clarifies that this would also provide parties with a mandate to begin the process.
As part of this path, it states: “This outcome will provide a mandate for the Scotland Act to be amended to confirm that the Scottish Government has the permanent power to hold referenda on reserved issues such as the constitution at the date of its choosing. Any future Scottish Government will therefore have the power to hold an additional referendum on Scottish independence following an electoral mandate. This would be not more often than every seven years, reflecting existing legislation in Northern Ireland.”
It states that if the UK Government refuses to amend the Scotland Act, “this would be against accepted international legal rights and effectively represent an attempt to overturn Scotland’s Claim of Right, thus the UK Government’s actions would signal an end to the voluntary Union”.
If the UK refuses to negotiate, this will “mandate and empower the Scottish Government to take the lead in beginning the process of Scotland becoming an independent nation including the re-establishment of the Scottish Constitutional Convention as with the double mandate detailed above in point one” and seek to “oblige” Westminster to comply.
If the UK decides to agree to a referendum to avoid the scenarios set out, it must include a commitment to amend the Scotland Act to allow the Scottish Government to hold a vote on a date it chooses, which would involve a permanent transfer of powers and reject a temporary Section 30 order. It clarifies that this commitment must be made before the publication of any joint mandates by the pro-independence parties.
