Thursday, 19 May 2011

The independence-lite wriggle, now well known

Ever since the election, what is all over all the papers, about the independence plan? Salmond fudging what it means and watering it down to a level that might not frighten away the voters. His party's reason to be is now a trap for him, he has to exercise the power to put a question to them that he may not want to.

So now the SNP calls independence a state of voluntary dependency on the rump UK for many services, which nobody else calls independence. As this is in every paper every time the SNP's plans are spoken of, how can they possibly expect any folks to think they really mean independence when they say it? Folks will vote on something less than it, knowingly, and knowing that if they vote Yes, Salmond will say, it's independence my face is saved.

See the section on Scottish law at the end of my submission to the SNP's consultation last year on the referendum plan: it forms the second post here. I wrote:

" Give us* "committal not noncommittal"
and * "any fact of law disproves its own opposite,"

as the standards for lawyers and government, or else your new state will be a void entity. For what basis will its sovereignty then have? For independence itself is a committal fact. ... unless law shall be about committal facts that disprove their own opposites, then there are no such things as independence or the Union! The referendum could only be truthfully described as being between "a state that may or may not be independence" and "another state that may or may not be independence".

I wrote that as a proof that lawyer noncommittality and the culture of lawyers manipulatively not taking definite positions of fact, can't be sustained in the law culture of the new state, because the assertion even of the new state's existence would be a definite factual assertion. Surely the SNP had to be seen to worry about that? The factual genuineness of independence once achieved? No, we now know that is what they most want to run from.

So perhaps that is another reason for them to find my submission fearful hence to be kept out of the public record of the feedback they received. Because they actually need to keep the vote between 2 states "that may or may not be independence". That is what they really want, so they can say the result means anything they like. If they want to tell you it's not independence in order to get you to vote Yes, then after the vote tell the world that the same state of being is independence after all, then of course they don't want the factual certainty I wrote of.

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