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The National
21-05-2025
- Politics
- The National
Tory MSP fumes as expert says Scotland 'not a partner in a union'
Professor Robert Black, emeritus professor in Scots law at Edinburgh University, argued that Unionist assumptions about the creation of Great Britain under the Acts of Union were wrong in a speech over the weekend. But his comments were met with fury from Scottish Tory MSP Stephen Kerr, who blasted the fellow of the Royal Society of Edinburgh's comments as 'irrelevant'. Kerr shared a screenshot of The National's story on Twitter/X with the caption: 'This is what the nationalists are now resorting to. Trying to rewrite ... the Act of Union 1707. READ MORE: Scotland 'absorbed into England' by Acts of Union, says top legal expert 'An out of date ideology which is irrelevant – yet still the SNP cling to it and any success for them promotes this sort of thinking.' Prof Black told the Scottish Sovereignty Research Group's conference on Saturday that Scotland had been 'absorbed' into England by the Acts of Union, contrary to the prevailing political view that 1707 marked the creation of a new state called Great Britain. (Image: David Cheskin) He said: 'No honest and conscientious lawyer can look at what happened in the first decade of the 18th century to the institutions of government north and south of the Tweed and reach the conclusion that the pre-existing states of Scotland and England both ceased to exist and that a new state emerged, phoenix-like out of the ashes. 'The evidence, the facts on the ground support no judgment other than that Scotland ceased to exist as a state in international law and was absorbed into a still-extant England, cosmetically renamed 'Great Britain'. READ MORE: Keir Starmer apologises to Welsh MP after attack during PMQs "Scotland's legal status today, more than three centuries later, is therefore not that of a partner in a union – unequal, perhaps, but a union nevertheless – but is that of territory absorbed into a larger country.' Prof Black, a distinguished legal expert who laid the groundwork for the Lockerbie bombing trial in 2001, did not delve into the political consequences of his comments but they were perceived as a landmark moment by his hosts. The Scottish Sovereignty Research Group is allied with Liberation Scotland, which is attempting to have Scotland 'decolonised' by the United Nations.
The National
20-05-2025
- Politics
- The National
Case for Scottish independence greater now than ever
PROFESSOR Robert Black, who was a professor of Scots Law at Edinburgh University until his retirement in 2007, has said that in his legal opinion, Scotland was absorbed into England by the Acts of Union of 1707 and as such is not a "partner in a union". Indeed, in the opinion of Professor Black, the "Union" is merely a political fiction bereft of any substantive meaning. Black likened Scotland's situation post 1707 to that of a corporate 'takeover' rather than a 'merger". He said that contrary to the prevailing opinion in legal and political circles, Scotland and England did not merge into a new state with the Acts of Union, pointing to the facts that for England nothing much changed after 1707, treaties that the pre 1707 English state had entered into, such as the Treaty of Windsor which the kingdom of England signed with the kingdom of Portugal in 1386, continued to remain in force, whereas treaties signed by the pre 1707 Scottish state were rendered null and void as Scotland had ceased to exist as a state in international law. Speaking at the Scottish Sovereignty Research Group's conference on Saturday, he said: 'No honest and conscientious lawyer can look at what happened in the first decade of the 18th century to the institutions of government north and south of the Tweed and reach the conclusion that the pre-existing states of Scotland and England both ceased to exist and that a new state emerged, phoenix-like out of the ashes. READ MORE: Statistics from Canada do not back up assisted dying concerns 'The evidence, the facts on the ground support no judgment other than that Scotland ceased to exist as a state in international law and was absorbed into a still-extant England, cosmetically renamed 'Great Britain'. Scotland's legal status today, more than three centuries later, is therefore not that of a partner in a union – unequal, perhaps, but a union nevertheless – but is that of territory absorbed into a larger country. "A territory with only limited self-government and with its resources exploitable and exploited by the larger country for its own benefit and purposes." He explained that in legal terms, Scotland's legal system was altered while England's remained intact, with the House of Lords becoming Scotland's final court of appeal over its pre-Union equivalent. He also highlighted a legal opinion by distinguished legal experts Alan Boyle and James Crawford published before the 2014 referendum, which said that in the event of Scottish independence, the remainder of the UK would be the 'successor state' in terms of international treaties. The Scottish Sovereignty Research Group is associated with an attempt by the organisations Salvo and Liberation Scotland to have the United Nations recognise Scotland as a 'non-self-governing territory' like Bermuda, the British Virgin Islands, or Guam. The groups are working with Geneva-based Justice Pour Tous Internationale (Justice for All International) to present Scotland's case to the United Nations. The Swiss organisation rates as "strong" Scotland's case to be recognised as having colonial status and thus to come under the aegis of the United Nations' special committee on decolonisation. However, the United Nations is very much a creature of the powerful existing states and is highly reluctant to add new territories to the 17 which it currently considers to have colonial status. An attempt by West Papuan leader Benny Wenda to have the territory's case heard by the special committee on decolonisation was rebuffed in 2017. West Papua was a Dutch colony which was annexed by Indonesia in 1962 despite Dutch attempts to prepare it for independence in its own right. The population of West Papua are culturally, linguistically, religiously and racially distinct from the rest of the Indonesian population, having far more in common with the people of the independent Papua New Guinea which occupies the eastern half of the massive island of New Guinea. In 1969 Indonesia organised a 'referendum' amongst 1,026 hand-picked village elders who were bribed, threatened and cajoled into voting to ratify the Indonesian annexation. Since annexation, Indonesia has exploited West Papua's natural resources and embarked upon a campaign of resettling hundreds of thousands of people from the over populated islands of Java and Madura, displacing the native Papuans. Political activity amongst native Papuans is severely repressed by the Indonesian government. West Papua is unarguably a colony if the word is to have any meaning, nevertheless, the UN's special committee on decolonisation refused to hear a petition signed by 1.8 million West Papuans and smuggled out of the territory. Committee chair Rafael Darío Ramírez Carreño of Venezuela said that the committee could only deal with the 17 states that had already been identified as 'non-self-governing territories' by the UN General Assembly. As West Papua proves, having a strong, even unimpeachable, case is no guarantee of recognition by the UN as a non-self-governing territory. Given this background, Salvo's and Liberation Scotland's chances of success in presenting Scotland's case to the UN seem slight. The Conservatives have catastrophically collapsed to fourth place in a major new opinion poll from YouGov, behind Reform UK, Labour, and even the Lib Dems. The poll confirms other recent polling showing that the hard right English nationalist Reform UK is currently surging ahead, at least in England, where Westminster elections are decided. Despite Keir Starmer's Labour party currently being as popular as the BBC executive who cancelled River City, the Tories are not the beneficiaries of Labour's fall from grace. That support is going to the political con trick that is Reform UK, the party of 'anti-elite' millionaires. (Image: PA) The YouGov poll of Westminster voting intention puts Reform UK on 29%, Labour on 22%, the Lib Dems on 17% and the Tories on just 16%. Reform UK remains in third place in the poll's Scottish subsample, which puts the SNP on 28%, Labour 19%, Reform UK 18%, Liberal Democrats 15%, Greens 11%, and the Conservatives trailing far behind on just 8%. Neither of the Tories's new leaders, Kemi Badenoch in the UK party or Russell Findlay in Scotland, are able to reverse what increasingly looks like a death spiral for the Conservatives. According to Electoral Calculus, if the poll were the result in a General Election, the Tories could be reduced to 17 seats while Reform UK would have a majority on 346 seats. The need for Scottish independence is growing increasingly urgent.
Scotsman
15-05-2025
- Politics
- Scotsman
Scotland's constitutional future under scrutiny as legal case for de-colonisation set to be unveiled
Three-day conference in Dunfermline to examine Scottish self-determination and publish legal opinion challenging UK constitutional stance Sign up to our daily newsletter – Regular news stories and round-ups from around Scotland direct to your inbox Sign up Thank you for signing up! Did you know with a Digital Subscription to The Scotsman, you can get unlimited access to the website including our premium content, as well as benefiting from fewer ads, loyalty rewards and much more. Learn More Sorry, there seem to be some issues. Please try again later. Submitting... A three-day constitutional conference beginning Friday is set to challenge long-held assumptions about Scotland's status within the United Kingdom, as legal and academic voices gather to explore whether the country should be considered for de-colonisation under international law. Organised by the Scottish Sovereignty Research Group (SSRG), the event—titled The Next Steps—will run from 16 to 18 May at the Carnegie Conference Centre in Dunfermline. The conference will host a range of speakers including academics, legal professionals, economists and political figures, with scheduled sessions covering subjects such as the establishment of a Scottish currency and central bank, pensions, and energy policy. Advertisement Hide Ad Advertisement Hide Ad A central moment of the gathering is expected on Saturday afternoon, when a new legal opinion will be published during a session titled 'Decolonisation & Self Determination'. According to SSRG, the opinion will challenge the UK government's constitutional position on Scotland and argue that the country qualifies for the United Nations de-colonisation process. This would align Scotland with nations such as India, Pakistan, Ghana and Malaya, which were removed from the list of territories under colonial rule during the mid-20th century. The Sovereignty Research Group Limited Since the 2014 independence referendum, the UK government has declined to grant permission for a second vote on Scotland's constitutional future. Former prime ministers Theresa May and Boris Johnson both cited the timing as inappropriate. SSRG's director and chairman, David Henry, criticised the continued refusal. 'Many countries have ended British rule but Scotland seems to be in a unique position—told it is in a union of equals, while simultaneously needing permission to leave it,' said Henry. 'It's long overdue that Scotland takes its future into its own hands.' The conference will also address whether Scotland has ever been part of a voluntary union with England. The SSRG previously held a similar event in 2022, which drew attention in the pro-independence media. Advertisement Hide Ad Advertisement Hide Ad Among the presenters is Sara Salyers, co-founder of Liberation Scotland and Salvo, a campaign group with over 18,000 members. Salyers is expected to present arguments supporting the inclusion of Scotland on the UN's list of non-self-governing territories. 'After two years of research and legal consultation, we can now make a confident case,' she said. 'Countries do not ask for permission to end colonisation—they demand it.'
