Aidan O'Neill QC commences his submission to the court by referencing the declaration of Scotland (Arbroath) on the day of its anniversary for its absolutely unequivocal assertion and statement that in Scotland,
sovereignty rests with the people.
Aidan O'Neill states that it is fascinating to compare the Claim of 1689 to the English Bill of rights.
There is a different notion of sovereignty in England compared to Scotland. In England, sovereignty filters down from the king or queen. In Scotland, it rests with the people.
"In England sovereignty is top-down. I Scotland sovereignty is bottom-up" - Aidan O'Neill QC
The courts maintain and protect the sovereignty of the people - Aidan O'Neill QC
Aidan O'Neill argues that Parliamentarians only hold office because they were elected to that position by the voters who are sovereign. Therefore to assume that only parliamentarians can raise such an action, is backwards.
Aidan O'Neill mentions the fact that "suspicions should arise" when the law officers for both the UK and Scottish Government are in agreement with each other.
Lord Carloway asks Aidan O'Neill about what suspicion he refers to.
Aidan O'Neill clarifies - That for political reasons it is thought both parties think it politically expedient to keep the electorate in the dark because it serves their political needs.
It is best that people be kept in ignorance and vote in ignorance
He states that he has raised this multiple times (and he has).
Aidan O'Neill emphasising that this question must be answered in order for the electorate to make an informed choice. It is a relevant issue because the parties have made it a central issue to the election.
"It is not for the pursuer to stand in the shoes of parliamentarians" is a condescending position - it assumes a privileged status for parliamentarians which they do not hold - their only privilege is to represent the people, who are sovereign.
"Holding office makes you not a master but a servant. A public servant of the people." - Aidan O'Neill QC
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Comon people! it's this sort of thing that just ends up screwing us all. Sure it's awesome to get out of lockdown but all you're doing is causing cases to go through the roof again and into another lockdown. It's not a winning strategy!
All it does is put case's back up and give the politicians more excuses to curtail more of our civil liberties. Now that lockdown is ending, how about we not all screw ourselves. Let's just keep distance, wear masks, and clean hands.
And perhaps if we look at a park and go....."I can't stay at least 2m from other people..."then maybe not go in, for your own welfare"?
You know there are carers and disabled people who can count on one hand the number of times they've been out since last march because of this.
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."
For 22 years, politicians have failed to answer a simple question. When 10,000 ordinary people sought to have it answered, they proclaimed that only politicians should be allowed to answer the question they have failed to.
We live in a nation where the people are supposed to be sovereign. The literal definition of sovereignty is "where power is derived". Telling 10,000 people and their representative you don't have the right to ask a simple question about your own country is not respect...
...for that sovereignty. It's a statement that you believe yourself to be above the peoples right to ask questions - that's just a fact.
But then to use the tax base of those same people to waste time, money and energy...
Politicians make promises and often they break them. I don't. I made a promise to do everything I possibly can to protect the peoples action and to push for the voices of the 10,000 who backed it.
It's extremely easy to criticise when you're not in full possession of the facts, and trust me, if you were, your hair would probably curly. I've asked people to give me a better option. They haven't. I therefore must take the least bad option to try and protect the case.
I do note, however, that those who have used the case for electoral advantage over the past year seem deafly silent on this and have also failed to come up with an alternative. Or should I say have avoided doing so. Go figure.
To be clear - my primary message in Mid-Scotland and Fife is going to be this:
1. Vote SNP on the constituency ballot. 2. In each household place one vote to Alba and One to me as an independent.
So if there are 4 in a house. Thats 2 to ALBA and two to myself.
With a large enough swing of Yes Voters in Fife. That's more than enough to ensure the election of me and multiple ALBA candidates.
It's a strategy that while meaning I am standing in Mid-Scotland and Fife and so are alba, if yes supporters in the region step up to the plate - it will MAXtheYES.
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.