BELIEF in Scottish independence is not on par with religion, the Ministry of Defence (MoD) argued yesterday.
The comments came at an employment tribunal in Glasgow as the MoD fought to have a landmark ruling thrown out.
Last year lawyers for Inverclyde SNP councillor Chris McEleny successfully argued that his desire for an independent Scotland was a philosophical belief afforded protection under the Equality Act.
In her determination, Judge Eccles compared his position to that of democracy supporters in Tanzania under British colonial rule.
McEleny launched a challenge to the MoD for discrimination after he was suspended and had his security clearance revoked upon announcing his candidacy for the SNP’s depute leadership in 2016.
Security service officials quizzed him about his mental health and his opinion on independence, Trident and Rangers.
Though he was permitted to return to his work as an electrician at an MoD site in Renfrewshire, McEleny resigned and pursued a discrimination case against his former employer.
Before proceeding to a full hearing, McEleny was required to prove that his political stance counted as a philosophical belief under current legal definitions.
The MoD was granted a reconsideration hearing after it lost the argument and yesterday lawyer Dr Andrew Gibson insisted the 1.5 million Scots who voted Yes in 2014 were not as “fanatical” as McEleny.
He argued it was “ludicrous” to suggest they would have voted for independence “if they had thought that the Scottish economy would be adversely affected”, creating a crisis similar to the Greek economic collapse in 2015.
Gibson argued that a desire for independence is not separate from faith in self-determination, citing the case of an Australian man who routinely flouts the country’s must-vote requirement to express his belief in self-determination.
However, Michael Briggs, representing McEleny, insisted the philosophical categorisation was correct, describing a belief in Scottish independence as “weighty and substantial” and related to human life, as is required under the law.
He stated: “It is the core political philosophy of the party that has been the largest in Scotland in the last number of elections.
“Does it relate to human life and behaviour? Yes it does.
“Humans live and work in Scotland.”
A determination is expected within weeks.
McEleny and the MoD have chosen not to comment while the case proceeds.
Why are you making commenting on The National only available to subscribers?
We know there are thousands of National readers who want to debate, argue and go back and forth in the comments section of our stories. We’ve got the most informed readers in Scotland, asking each other the big questions about the future of our country.
Unfortunately, though, these important debates are being spoiled by a vocal minority of trolls who aren’t really interested in the issues, try to derail the conversations, register under fake names, and post vile abuse.
So that’s why we’ve decided to make the ability to comment only available to our paying subscribers. That way, all the trolls who post abuse on our website will have to pay if they want to join the debate – and risk a permanent ban from the account that they subscribe with.
The conversation will go back to what it should be about – people who care passionately about the issues, but disagree constructively on what we should do about them. Let’s get that debate started!
Callum Baird, Editor of The National
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules hereLast Updated:
Report this comment Cancel