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"It is not for the pursuer to stand in the shoes of parliamentarians". These were the words put forward to the court by the Lord Advocate on behalf of the Scottish Government in the #PeoplesAS30.
What it was meant to convey to the court was that despite the fact I....
What it was meant to convey to the court was that despite the fact I....
...was standing as pursuer for 10,000 members of the Scottish Electorate backing the case, I did not have the right to ask a simple question about our own parliament because I am NOT A MEMBER OF PARLIAMENT.
This is one of the primary reasons I am running for Mid-Scotland and Fife in the Scottish Elections - no other elected person can join the case (because it's at appeal stage) and become a pursuer, so I am trying to do it the other way around.
Lord Advocate has gone rogue again - Backers of #PeoplesAS30 check your emails please. For everyone else here's the breakdown.
Yesterday, the Lord Advocate (Yes! The person who is supposed to defend the Scottish Parliament and who is a member of the Scottish Government) took it upon himself to lodge documents with the court with regards to a case brought in the high court of England...
and try to found upon it as a precedent which the court should consider as part of the people's action. Today, the Advocate General (Yes! The conservative advocate general that represents the Tory Government at Westminster) predictably lodged paperwork that basically says....
Update on #PeoplesAS30: It would seem that the UK Gov is trying to enter irrelevant rulings into the case after the hearings. A case under English law (so different jurisdiction) on a judicial review (ours is not a judicial review)....
...in which the people's action is mentioned. The substance of the case submitted is wholly irrelevant to the people's action.
Oh! and the case itself was based on English Constitutional convention, not Scottish. So just hogwash, basically.
Wow! Wow! Wow! Wow! Wow.
Just reading the documents for the #PeoplesAS30. The Lord Advocate actually says, and I quote:
Just reading the documents for the #PeoplesAS30. The Lord Advocate actually says, and I quote:
"The pursuer contends that the Scottish Government has given an "undertaking that it will introduce and promote it as Government Bill before the next Scottish Parliament" and that this undertaking constitutes an enforceable legal promise.
"The document contains no such undertaking; nor could the present Scottish Government bind the Government to be formed after the forthcoming general election."
My announcement today has annoyed people - and I want to be upfront and tell you I understand completely. I also want to be upfront and tell you it is that I tried and failed to find a win win option.
The only thing I could do, and which seems to be a recurring theme in the UK, is to select the least bad option.
There are those who will rightly say that my standing as an independent betrays the fact that AFI stood down or ISP stood down. And for some part of that, you're probably right. But when push comes to shove. My first promise was to the 10,000 backers of the #peoplesas30.
To be clear - i'm signalling my intention, if elected to stand as presiding officer of the Scottish Parliament. I'm doing it now to make clear my intent. An independent as PO means nobody from any yes party giving up their membership to become an independent to be PO.
That means no lost votes on the floor of parliament.
Secondly, and some might disagree, but I feel I have proven I can walk the fine line down the middle of party politics.
Secondly, and some might disagree, but I feel I have proven I can walk the fine line down the middle of party politics.
Thirdly, let's face it, that skill will come in handy because my impression is that parliament is definitely going to need a referee. And better it be a yesser than a unionist.
Deeply saddened by the announcement that Alba intends to stand a candidate in Mid-Scotland and Fife. As you all know, I was planning to stand as an independent so that, if necessary, a plan B on #PeoplesAS30 could be enacted. I gave up that independence to work cooperatively....
....with other yes supporters to #MaxTheYes at the same time. The announcement today by @AlexSalmond may have just killed the #PeoplesAS30 plan B.
Fair game to a pro-independence party standing, I'm just saddened at the fact that they have the likes of @ChrisMcEleny standing who knows the #PeoplesAS30 give credence to his plan B, just as much as it does for a referendum without Section 30.
And now you understand why the #PeoplesAS30 is so important - namely to establish that Scotparl can legislate for indyref2 and the SNP's bill is competent. Because if we don't - this is what happens! They UK Gov challenges it and it can't become law.
And I can guarantee you, while the Scottish Government are fighting in court, the Tories will change laws at Westminster to undermine these bills which means the court can only rule against them being competent.
How do we know this? Because it's exactly what they did with the continuity bill, now they're doing it with the Local Self-Government (Incorporation) (Scotland) Bill AND the Rights of the Child (Incorporation) (Scotland) Bill. Why? Because both bills...
Legal counsel doing final tweaks to arguments for #PeoplesAS30 which calls in court on Tuesday 6
April 2021 at 10.30 am. The next few weeks will be a to and fro of them responding to us and us responding to them, right up until just before the case calls.
April 2021 at 10.30 am. The next few weeks will be a to and fro of them responding to us and us responding to them, right up until just before the case calls.
To say I am stressed would be the understatement of the century. With the events of the last month, I don't think I have the ability to impress on people how important this all is, especially considering certain people seem intent on blowing their own toes off.
It's more than a little scary knowing what the consequences of us not getting #scottishindependence in the next year.
crowdjustice.com/pas30
crowdjustice.com/pas30
The Scottish National Party could cut the UK Government off at the knees over legal action tomorrow if it wanted, by supporting the #peoplesas30. Or at the very least having their parliamentarians do it personally. Instead, they've chosen to stay silent on the very court case...
....which would not only ensure the Scottish Parliament could legislate for indyref 2 without Westminster consent, but also prove the legitimacy of their own bill, so when it goes to Holyrood, the UK Gov would have nothing to challenge.
Instead, they have chosen to remain silent, and are now advocating using taxpayers money to defend a challenge that would be unnecessary if they had backed the people's action. It's absolutely mental!
So here's what's going to happen next if the #PeoplesAS30 doesn't establish the right of Scotparl to legislate for a second referendum. Nicola will ask boris for a sec 30 again. He'll say no.
The SNP will then lay their bill before parliament and the UK Government will immediately challenge it preventing it from gaining royal assent.
Because it doesn't have royal assent, it wont be a law. The UK Government will use the time in court to modify laws at Westminster to undermine the bill and that will take it out of competency of the Scottish Parliament and we'll be stuck.
I'm just going to point out that with both leaders of both pro-indy parties now confirming legal challenge of the referendum bill by Westminster is likely if its constitutionality without a section 30 order remain in doubt; and testing that in court being, in Patrick Harvie's...
...own words "a perfectly legitimate approach to take". - Why then has no politician put their neck on the line to test it - because this mere pleb has - taking a year of abuse I might add AND facing financial ruin to do it.
I really don't think I am out of line to say that parliamentarians are missing something - a spine!
Good Morning Scotland! Good Morning World! Good Morning GCHQ! We start today with an article about the greens which simultaneously made my left eye twitch and also ended up me pebble dashing my PC monitor with my cup of tea. Thread 👇
In the national @patrickharvie said this: 
For the eagle-eyed 10,000 backers of the #PeoplesAS30, your eyelid may also now be twitching. "We'll test the matter in court" to "legislate without a section 30"...... This is literally the point of the Peoples Action - to establish that it is legal for Holyrood to legislate...
Dear Backers of #PeoplesAS30
I am writing this in order to disclose fully to you, a material change in my personal circumstances.
As you are all aware, I am independent (and will vehemently remain so).
I am writing this in order to disclose fully to you, a material change in my personal circumstances.
As you are all aware, I am independent (and will vehemently remain so).
As many of you are also aware, it was always my intention to stand for Holyrood in 2021, not least to push forward with the goal of ensuring legislation for a second referendum which we have all fought to bring clarity to in the Peoples Action for the last year and a bit.
However, there are two things I must freely admit. The first is that should I be elected in Mid-Scotland and Fife, any votes which would be cast for me there-after would go to waste if I stood alone.
Important to note that had "parliamentarians" stood with #peoplesas30, this would have likely been granted. But seeing as though the SNP leadership have been whipping them from day one, not to get involved in a case that would prove THEIR bill lawful...well...you decide!
This leaves me with two choices-
1. Abandon the case to protect myself; or
2. Continue the case, risk losing and risk bankruptcy.
1. Abandon the case to protect myself; or
2. Continue the case, risk losing and risk bankruptcy.
It's a big decision to make but I think it's going to have to be number 2, and if I am going to be forced to go down at the hands of Government for simply trying to ask a simple and reasonable question about our right to be fully informed before an election....
The Scottish Government had no involvement with the SNP's route map. In other words, NO SCRUTINY ON WHETHER IT WAS FACTUAL. And considering the lawfulness of that bill is one of two major matters in the #peoplesas30. We could tell that.
The #PeoplesAS30 is trying to establish that the Scottish Parliament has the power to hold a referendum without permission from Westminster. I have stated many times that this means also establishing the fact that they can pass the draft bill the SNP are proposing.
I also said that the SNP simultaneously claiming it was lawful, but then stating right at the back of it, that they expect a legal challenge shows us that they are not sure if it is or isn't lawful. Because you can't assert something to be lawful, and expect legal challenge.
Surprise Surprise Surprise - The Lord Advocate and the Advocate General of the UK opposing a protected expenses order yet again in the #peoplesas30. Just to be clear - such an order would limit expenses in the case to 30K. PROTECTING TAXPAYERS MONEY.
This is not the exercise of fiduciary responsibility! It is agents working for the government blatantly and unashamedly flexing its muscles and saying "we can do what we like, we've got an unlimited tax base to draw from!" and then using that tax base to try and deprive...
...the electorate from being able to ask reasonable questions of law so they are fully informed going into a national election! It is obscene and I am no longer holding my tongue about it.
You all know that the #PeoplesAS30 is about the future of Scotland. What you might not be aware is that due to the pandemic, every single aspect of this case has been conducted digitally from start to finish.
The entirety of this case has used technology, which mere weeks before it, was never used by the court and by the time it ends, the case will have likely been the very first constitutional case ran digital from start to finish. In other words a test case for modernisation...
....of the Scottish Courts system.
This is kind of appropriate if you think about it - a case about the future of Scotland being one of the first cases fought from start to finish in a modernised court system.
This is kind of appropriate if you think about it - a case about the future of Scotland being one of the first cases fought from start to finish in a modernised court system.
Just off the phone with legal counsel with respect to the #PeoplesAS30. I will publish details for public access. There will be a hearing this Friday on the expedition of the case moving forward before Lord Malcolm. Then it's off to the Inner House.
It's very likely to be the First Division (Lord President Carloway presiding) on the basis of the matters under discussion rather than the extra division (Lord President not presiding). This will be along with 2 other Judges.
The aim here is to expedite the case to leave enough time to take it to the supreme court if that becomes necessary, before the May elections.
Big News! It looks like we might have absolutely nailed it with the timing of the #peoplesas30 going to the inner house.
With Mike Russell confirming to SNP Ayr branch that the referendum bill is due to be published within weeks, it is no longer "academic, hypothetical or premature".
The lord advocate can no longer say the bill does not exist right at the time we're heading for the Inner House.
Backers should have received an update from me via email a few minutes ago. But everyone should be prepared -
Backers should have received an update from me via email a few minutes ago. But everyone should be prepared -
I just want to clarify something about the #peoplesas30 because of a misconception. I've seen quite a few posts saying that the case, if lost, would be detrimental to the cause. It can't be and here's the reason why.
THE UK GOVERNMENT ADVANCED NO ARGUMENT AGAINST OUR OPINION.
THE UK GOVERNMENT ADVANCED NO ARGUMENT AGAINST OUR OPINION.
What I mean by "opinion" is the original legal opinion written by Aidan O'neill QC that says that the Scottish Parliament already has the power to legislate for a referendum. The UK Government has advanced no argument against it.
The only arguments that the UK Government have advanced is against the right of the electorate to ask a perfectly legitimate question like this.
Evening All,
Obviously, this mornings update was done quickly on the back of the ruling having just arrived.
Obviously, this mornings update was done quickly on the back of the ruling having just arrived.
Counsel has spent the day going much deeper into the ruling and while I am not able to go through everything at this stage, what I can say is that our grounds for the inner house of court of session are stronger than we first thought. Which is great.
Joanna Cherry also piped up this afternoon, being a QC she had a good read of the judgement. Her assessment was put out on Twitter:
I can confirm that the decision of Lady Carmichael is imminent in #peoplesas30 and will be published at 12 noon on the 5th of February 2021 (tomorrow) on the court's website here: scotcourts.gov.uk/search-judgmen…
Whatever the judgement is (because we've not seen it), it's important to know that it's likely going to end up in the inner house appeals court next. Because if we win, the UK Government just love to waste taxpayers money trying to usurp their rights.
If they win, well then, we just can't allow that to stand.
Sincerely,
Martin Keatings
Sincerely,
Martin Keatings
Let me preface this by saying that I do not blame Mr Mure (counsel for the lord advocate in the hearings in #peoplesas30) because I am almost dead certain he didn't know about the 11 point plan released less than 24 hours later.
The reason I am almost certain of that is because I have just had it confirmed to me that arguing the position that he did, if he had known about the release of that 11 point plan, then that would likely have been perjury (effectively). However, the question now needs to be....
....asked whether the Lord Advocate and the SGLD knew / were consulted on that 11 point plan (and I find it fantastical if they didn't because that'd mean that the SNP released it without scrutiny - still a possibility considering it looks like it was written on the back...
