The constitutional element
The issue of the constitution is the dividing line in Scottish politics and will remain so. Despite the loss of the majority of its Westminster representatives in the July General Election, the SNP remains in Government in Scotland and independence remains the constitutional choice of around 50% of the Scottish population.
The Supreme Court has ruled that the issue of the Constitution is beyond the powers of the Scottish Government. Not only does that mean that Holyrood cannot legislate for an independence referendum, it means it would not be able to fund an Independence Convention. That is to say a Convention that considers independence as the only constitutional option.
The Convention would make recommendations accordingly in its final report, which would constitute a plan for a better Scotland
However, the Labour controlled Welsh Government set a precedent for considering independence by setting up an ‘Independent Commission on the Constitutional Future of Wales’ in 2021. It actively considered all of Wales’ constitutional options, including independence, which it concluded in its final report was a workable option for Wales.
We have no doubt that The Scottish Citizens’ Convention ought to be legally allowed to have the option to consider the opportunities for implementation of the agreed strategy for creating a better Scotland, against the constitutional options available to Scotland. The Convention ought to be allowed to make recommendations accordingly in its final report considering the constitutional implications of the plan for a better Scotland.
However, Westminster’s blocking of a second referendum is highly undemocratic; it is probable that they would ignore the precedent set by Wales in terms of its ability to consider all constitutional options, and would try to establish a different set of rules for Scotland. If this were the case then the independence movement, as represented by Believe in Scotland, and the pro-independence political parties, should take on the task of considering The Convention would make recommendations accordingly in its final report, which would constitute a plan for a better Scotland 18 and communicating the constitutional issues and recommendations following the report’s publication. This means that the Scottish Government cannot be blocked from funding the Citizens’ Convention by Westminster and its role does not come under the Supreme Court ruling limiting the Scottish Government’s powers.
The constitutional challenge
Once the plan for a better Scotland has been crafted at the behest of the Scottish people and civic Scotland, the challenge for all political parties is to explain how they can best deliver the plan. They will need to explain how their favoured constitutional settlement either facilitates or hinders the creation of that better Scotland, which now forms the nation’s mission.
The Convention’s finished plan will represent nothing less than the hopes and dreams of the Scottish people for a better Scotland. It will be based on the input of citizens and civic organisations, informed by global best practice. Believe in Scotland considers there to be zero possibility of such an ambitious plan being delivered by any constitutional options other than full independence for Scotland.
The Convention’s finished plan will represent nothing less than the hopes and dreams of the Scottish people for a better Scotland.
If taken up by the Scottish Parliament as a priority, the Citizens’ Convention can open the door to using the Scottish Parliamentary Elections in 2026 as a de facto referendum, with the highest possible probability of independence winning. However, without this level of engagement and the co-creation of a new vision for Scotland, a de facto referendum would be harder to win.
This plan does not mean that independence campaigning should pause or even slow down. It suggests that activities should increase and be focussed along the non-party-political, cultural and values-led approach of Believe in Scotland. BiS and its affiliated groups sometimes feel they have been fighting a rearguard action keeping independence support high whilst support for the SNP has declined. That’s not