BREXIT continues to cast its long and toxic shadow over the constitutional debate and contaminates the “Scottish question” and prospects for indyref2. There is a long-running discussion on the wisdom or folly of linking Brexit with the justification for voting for self-determination in our next referendum.

One argument goes along the lines that among the 2014 Yes voters, some one-third voted Leave in the 2016 EU referendum. The fear is that their animosity towards the EU might be so great that they would even be prepared to vote No in a new independence referendum.

There is, of course, a counter view. How many of the 2014 No voters were misled into thinking that a vote for independence would see Scotland removed from the EU? Very many of this group will be among the 62 per cent who voted Remain in the EU referendum and there must, surely, be some grounds for hoping that a large number of these would so wish to remain in the EU that they would vote Yes in a future independence referendum. It is even possible that their switch from No to Yes would more than compensate for those Leave voters switching from Yes to No.

Would that it were that simple! As if it was not complicated enough because of Brexit, the EU has not done itself any favours recently and matters have become more convoluted. As a trading bloc or economic union, the benefits and advantages of being in the EU are indisputable to all but the rabid “little Englanders”, racists and xenophobes in our society. It is, however, in the softer qualitative areas of co-operation and common purpose that the EU has perhaps shown itself wanting and less than attractive.

In the treatment by the Spanish state of the Catalan quest for independence we have witnessed a disproportionate level of repression unexpected from an “advanced” democracy in the 21st century and one that shocked many. What has been equally horrifying and difficult to understand has been the subsequent reaction of the EU and all its member states. Their support for and alignment with Mariano Rajoy has been most uncomfortable to witness and is a betrayal of their commitment to human rights and the democratic process.

It is plain for all to see that the EU’s support for the UN Charter of Human Rights – specifically the rights to self-determination – is not as strong as their collective instinct for self-preservation, their self-interest.

This is without doubt the ugly face, the nasty side, of the EU and it has led many Yes/Remain voters to question their commitment to continuing membership of the EU. Our dilemma is the knowledge that an independent Scotland, outwith the EU, is likely to be faced with an unfriendly neighbour, ie rUK. If it acts according to type we may well see a return to the Alien Acts of past history.

I do not claim to know the answer to this problem or how best to proceed, but I do have a suggestion. Why do we not have a two-question referendum as in 1997? Then the first question was “Devolution – Yes/No?”and the second was “Tax-raising power – Yes/No?” Given that the precedent exists, it is at least arguable that our next referendum should be in two parts. First question – should Scotland be an independent country (republic)? Second question – should an independent Scotland apply for EU membership? This would seem preferable to holding two separate referendums, as people are getting weary of being asked to vote.

Whether for or against the EU, it is important that we are offered the choice sooner rather than later. I am nervous about retaining control of Holyrood in 2021 and share the view that we must have the vote early in 2019. However we proceed I firmly believe there should be no pussyfooting about with Westminster, no mind games and certainly no Section 30 request. Inspired by Catalonia’s treatment and the EU blind eye to Spain’s high-handed dismissal they will jump at the chance to say no. This time it will not even be “ now is not the time “. We have a mandate to proceed and should not be going cap-in-hand to any Unionists! We must take our authority from the UN 1948 Universal Declaration of Human Rights and take control. It is up to us to decide the time and the process for that referendum and we decide the questions and who gets to vote ( now there is another discussion! ).

While the movement is having these debates there is a real danger that we, and the rest of the country, are taking our eye off the ball. Remember in 2014 that Better Together assured us that Scotland would be a respected equal and devolution strengthened if we voted to stay in their Union. Since then the Vow has been forgotten, EVEL has been introduced and the Sewell Convention exposed as empty words. Most sinister of all is that Scotland’s shameless Tory MPs helped defeat in the Commons last week Amendment 158 of Brexit Bill. The devolution settlement now lies at the mercy of Tory ministers who can make changes without any scrutiny and without consulting anybody. There is only one possible response but it is now more urgent than ever that we get moving and get this thing done. We can all be heroes if we show determination, argue for our rights and be single-minded and steely in asserting them. We can do it, yes we can!
JF Davidson
Bonnyrigg