I thank my hon. Friend for that important piece of information. It underscores that there is need for much more robust and firm action from the Scottish independence movement, to push forward the case for independence. As I said recently, independence will not fall into our laps. It is something that we have to pursue with vigour and absolute determination.
That approach reinstates the position of the national movement prior to devolution. As with all democratic expressions, the threshold would be a simple majority of votes cast for all independence parties—a threshold that was achieved on the last list vote for the Scottish Parliament. That approach is supported by the expert legal opinion I obtained from highly distinguished academic and legal practitioner in international law, Professor Robert McCorquodale. He said that
“the people of Scotland are distinct within the UK and have a right to self-determination.”,
and subsequently that
“the right to self-determination applies to the people of Scotland.”
He went on to state:
As the people of Scotland are a people for the purposes of the right to self-determination, they can exercise it. The choice of the means to exercise it is for the people to decide and not for the state.”
Furthermore, he explained that the UK, as a signatory to multilateral international human rights treaties, has
“expressly accepted that the right to self-determination is a human right”
and
“not just as an international legal principle—which is binding under international law on all states.”
These are not obscure or arcane points of law; they are precise and purposeful.
I understand why the UK Government do not want to hear the facts that Professor McCorquodale set out, but I cannot comprehend why others are steadfast in their refusal even to acknowledge that landmark legal opinion charting the correct lawful and democratic course to self-determination and independence.
The Alba party’s amendment to the recent King’s Speech repeated the democratic principles contained in my Scotland (Self-Determination) Bill for the recognition of the right of the people of Scotland to self-determination by amending the Scotland Act 1998. That would transfer the power to legislate for a Scottish independence referendum to the Scottish Parliament.
Let me deal with the supposed gold standard of a section 30 order. Such an order on its own is not a gold standard; it was the process of negotiation and agreement that led to the signing of the Edinburgh agreement that was the gold standard. Let me be clear that any democratic vote in favour of self-determination is the only standard required, providing that that is the clear and unclouded purpose of any such vote—unless of course the UK Government do not want to recognise democratic elections as legitimate expressions of the will of the people.