A pro-independence blog by James Kelly - one of Scotland's three most-read political blogs.
Monday, October 25, 2021
YouGov average suggests SNP would make big gains - and win 93% of Scottish seats - in a new Westminster election
Sunday, October 24, 2021
The Scottish Government has a well-earned reputation for interacting like real people with the general public - it shouldn't throw that away now by being aloof and dogmatic on gender issues
Tuesday, October 19, 2021
An important update on forthcoming Scot Goes Pop polling on GRA reform and independence
With grateful thanks for your patience, I'm pleased to be able to tell you that I've finally commissioned the comprehensive poll on reform of the Gender Recognition Act and related gender issues that I crowdfunded for in the summer. However, this has been a much more challenging and stressful process than previous Scot Goes Pop polls, so I'll need to briefly explain how we've ended up where we are.
First of all, the fundraising process during the summer proved to be extraordinarily messy. I already had a general fundraiser underway to support the blog itself, and I was reluctant to have two fundraisers running at the same time. So when the GRA poll idea came up, I tried to use the general fundraiser to crowdfund for the poll - but that was clearly a mistake, because it made it too hard for people to visualise what the target figure was. What complicated it further was that The National got in touch and kindly reported on my fundraising for further independence polling - but that meant I effectively had to stop crowdfunding for the GRA poll, because obviously independence polling and GRA polling are different things, and not everyone who helps to fund one will be interested in helping to fund the other.
Neither set of fundraising produced enough on its own for the type of full-scale poll I ideally wanted to run - although the two in combination did raise just about enough. Nevertheless, I've felt honour-bound to keep the two sets of funds separate. The GRA funding was the more successful of the two, and enough money was raised for me to be reasonably confident I could still commission a GRA poll if I shopped around for the most competitive rates and limited the number of questions. However, having looked into that possibility and given it my very best shot (I put in an enormous amount of work over the last few weeks and was almost in despair at times), I'm afraid it just wasn't a runner. There's very little point in spending thousands of pounds on a poll where the questions aren't the ones we actually want to ask, and don't even resemble the ones we want to ask.
So in order to break the logjam, I've gone ahead and commissioned a full-scale GRA poll from my first-choice firm. That's a much better option anyway, because it's the comprehensive poll we had originally intended, rather than a half-hearted or slimmed-down effort. However, it's also more expensive, and I'm going to cover the shortfall with my own money - I can't see any other way of getting the poll done in a timely manner, and it's important it's done soon because Holyrood may not be far away from making some fateful decisions.
Obviously I'd rather only be losing that money temporarily, though, so to solve the problem I've set up a new dedicated polling fundraiser, which you can find HERE and which I will be promoting heavily as the results of the new poll are published. The funds raised will compensate me for what I'm spending on the current poll, but mostly it will complete the funding for the next Scot Goes Pop independence poll (I'll keep my options open on the timing of that one but I hope it'll be within the next few months).
Just so you're aware, I've also added voting intention questions and a couple of topical political questions to the GRA poll - it would have seemed a wasted opportunity not to do that.
If you prefer Paypal to GoFundMe, my Paypal email address is:
jkellysta@yahoo.co.uk
And a reminder that the fundraiser page can be found HERE.
Sunday, October 17, 2021
Some concrete suggestions of how to achieve Yes unity
Friday, October 15, 2021
Big drop in Labour vote as SNP win Falkirk by-election
Wednesday, October 13, 2021
The curious Britishness of the pro-independence Scottish Government
Saturday, October 9, 2021
Independence will not be won by drifting through time and waiting for Alister Jack's dismal vision of restoring "a YouGov democracy by 2039"
With the normal caveat that I'm not a legal expert, it seems to me to be utter nonsense to claim that the Supreme Court ruling a few days ago scuppers hopes that a legal referendum can be held without a Section 30 order. The issues involved are very different. The crux of the ruling was that the Scottish Parliament cannot constrain the UK Parliament's unlimited powers to legislate for Scotland, even on devolved matters. But as far as a referendum is concerned, the argument of the legal experts who believe Holyrood already has the powers to hold a vote is that the UK Parliament's right to legislate would not be constrained in any way, because they would not be bound by the outcome of a purely consultative referendum. (Of course they'd be bound in a moral rather than a legal sense, which is why they're so terrified of a consultative referendum).
A slightly more convincing argument is that, although the ruling is not directly relevant to the legality of a referendum, it nevertheless reveals the Supreme Court to be a deeply conservative and instinctively British Nationalist body which is highly likely to dream up a legal argument for striking down a referendum, even if we have no idea yet what that argument will be. Well, that may or may not be the case, but it strikes me that the amateur psychoanalysing of judges is not the most sensible or reliable way of forecasting the outcome of complex legal cases. We need to concentrate on the things we can control, and stop worrying about the things we can't. What we can control (and by "we" I mean the pro-independence side under the leadership of the Scottish Government) is legislating for a referendum - something that frankly we should already be doing or already have done. What we cannot control is whether that legislation is then challenged by the UK Government or by a private citizen used by the UK Government as a proxy, or whether any such challenge is successful. In a sense that doesn't really matter, because this is a process that has to be gone through. If a legal challenge fails, the problem is solved - we won't need a Section 30 order and a referendum will go ahead. But if the challenge is upheld, we'll still be further forward because we'll have demonstrated to the Scottish people that the referendum route is totally closed off and that the UK Government's pigheaded intransigence has left us with only one reasonable option for pursuing a democratic mandate for independence - namely via a parliamentary election. That will be a moment of liberation, because it will break us out of the "No to Indyref2", "now is not the time", "once in a generation" paradigm. Parliamentary elections take place at least once every five years, and there's not much the UK Government can do about that, short of a Nazi-style Enabling Act.
As ever, though, the real problem is that the ruling may encourage the Scottish Government's ongoing passivity. Let's be honest, pretty much everything encourages the Scottish Government's ongoing passivity. "We might fail so it's really important we don't even try" has been the guiding principle since the catastrophic loss of nerve in 2017, and that shows no sign of changing. Anyone who seriously wants independence should be terrified by Nicola Sturgeon's admission that she doesn't know how the impasse will be broken, but that she thinks it somehow will be, one way or another, because "time is on her side". Decoded, that means the SNP leadership's solution is to do absolutely nothing with even more studied determination and wait for something to turn up. Spoiler alert: nothing will turn up, even if we wait decades, because the British constitution does not change and the British state's vested interest in keeping Scotland prisoner does not change. If we want the weather to change, we have to change it ourselves.
And there's another way in which a truly radical and daring pro-independence government might have reacted to the Supreme Court ruling. Aileen McHarg pointed out that there's now a clear incentive for the Scottish Parliament to refuse to agree to Sewel motions giving the UK Parliament consent to legislate on a specified devolved matter, because the court has created a novel distinction between laws on devolved matters passed by each parliament - Holyrood can only control/influence the interpretation and implementation of legislation it has passed itself. But that also, I would suggest, means there's an incentive for Holyrood to "re-legislate" on swathes of laws passed after previous Sewel motions, so that the new Holyrood laws replace the Westminster laws, thus rendering the ruling largely redundant. That would be roughly analogous to what the Parti Québécois administration used to do when it invoked the "notwithstanding clause" (allowing Canadian provincial legislatures to override court rulings of unconstitutionality) on every single piece of legislation it introduced, even when there was no particular reason to think that was actually necessary.
In other news over the past week, Alister Jack has revealed that Scotland will only be held as a prisoner against its will for another eighteen years. In the year 2039, dictatorship will be replaced by a "YouGov democracy", ie. we can have the things we want as long as YouGov say we want them (supermajority requirements apply, naturally). So that's exciting. Only six thousand, five hundred and seventy-four more sleeps to go.
* * *
Whatever the rights and wrongs of the Supreme Court ruling (and it's interesting that many eminent experts believe the judges erred in law), it's worth remembering that the Scottish people were firmly opposed to the UK Government taking the matter to court in the first place. Here is the result of a Scot Goes Pop / Panelbase poll conducted in April -
The Scottish Parliament recently passed legislation that incorporates the UN Convention on the Rights of the Child into Scots Law. The law seeks to protect children's rights by forbidding public authorities from acting in a way that is incompatible with the UN Convention. However, the UK Government are challenging the law in the Supreme Court on the basis that it would interfere with the UK Parliament's right to make laws for Scotland. Although the UK Government are allowed to challenge laws that they think may exceed the Scottish Parliament's powers, they are under no obligation to do so. Do you think the UK Government are right or wrong to challenge the new Scottish law on children's rights?
Tuesday, October 5, 2021
Questions for Kirsty Blackman
Did Kirsty Blackman genuinely retweet a call for Joanna Cherry to be expelled? Any chance a screenshot was doctored or something like that? It's extraordinary (and appalling) if she did.
— James Kelly (@JamesKelly) October 4, 2021
The fiction that Joanna Cherry was sacked because she's "not a team player" is wearing a bit thin. There's clearly been a very nasty, bitter vendetta against her from some of her colleagues.https://t.co/ubB6Q0mbxw
— James Kelly (@JamesKelly) October 4, 2021
No matter who you are or what you do no one is immune from the curse of workplace bullying. It can be a dark & lonely experience so if you know someone in that position offer them support. Trust me it makes the world of difference
— Joanna Cherry QC (@joannaccherry) October 4, 2021
Have deleted an earlier RT. I am clear though, @theSNP needs to do more to tackle internal transphobia, including sanctioning or expelling those in the party who are transphobic.
— Kirsty Blackman (@KirstySNP) October 4, 2021
As you can see, Kirsty Blackman's eventual attempt to draw a line under this episode did not involve an apology - it was simply an announcement of a deletion without any explanation of either the original retweet or of the deletion itself. That being the case, I don't think it's unreasonable that she should be invited to answer the following questions to clear the matter up rather more satisfactorily...
* Did you not read the tweet properly before retweeting it? All of us have been guilty of that sort of carelessness at some point in time, but is that what you're claiming happened in this case?
* If you did read the tweet properly, why did you knowingly retweet a call for one of your MP colleagues to be expelled from the SNP?
* Do you, in fact, believe Joanna Cherry should be expelled?
* If you do believe Joanna Cherry should be expelled, why did you delete the retweet?
* Does your clarification imply that you want transphobes to be expelled, but that you accept that this principle does not apply to Joanna Cherry because she is plainly not transphobic? If so, have you apologised to her for the confusion?
* Do you accept that calling for a colleague to be expelled, when that colleague is in fact in good standing, should in itself be a disciplinary offence? If not, why not?
When Ms Cherry was sacked from the frontbench, I said that one of my big concerns was that it might prove to be merely a staging post, and that the next step would be to make it a little less unthinkable for spurious disciplinary action to be taken against her, with a view to eventually having her suspended or expelled. That may have seemed a tad outlandish when I said it. It looks a hell of a lot less outlandish now, and we're only a few short months further on. The many decent people who decided to stay in the SNP after Alba broke away in the spring now need to stand up and be counted. They don't need to lose their party - there's nothing inevitable about it. But time may be running short.
Monday, October 4, 2021
"Name one country that allows FOREIGNERS to vote in constitutional referendums. Go on, James, name just ONE!"
Sunday, October 3, 2021
Sunday Miscellany
So a few miscellaneous things while I'm thinking of them. First of all, I meant to mention last week that I was quoted in Alasdair Soussi's latest piece for the Al Jazeera website, about the UK Government's attempts to turn COP26 in Glasgow into a Union Jack fest. You can read it HERE.
Secondly, I promised our regular commenter 'Independence for Scotland' that I'd let him know if I heard anything about how to buy Alba Party merchandise in a way that ensures the funds go to the right place. The latest email update from the party reveals an online Alba shop is on its way, and that in the meantime merchandise can be bought by emailing: merchandise@albaparty.org
And lastly, there's an uncharacteristically helpful headline in the Herald on Sunday suggesting that a Tory-funded poll has backfired by showing a majority of the Scottish public think "the Union is bad for the environment". Skimming through the article, though, I get the impression this may just be a Scottish subsample from a GB-wide Opinium poll (albeit one with an unusually large sample size).