THIS week I led for the SNP on a debate about the Tory government’s Judicial Review and Courts Bill. Some described the subject matter as “dry” and seemed to think it was not particularly relevant. I want to set out today why they were way off the mark.

I want to alert readers to what is happening with this and why they ought to be alarmed.

But I also want people to know that what happened this week is something that should take us closer to independence. Not for the positive reasons that we in the independence movement are rightly so fond of. However sometimes we simply have to explicitly say to the people of Scotland “this is horrific and we have to get ourselves out of the UK”.

It’s guaranteed every single time one of the SNP MPs mentions independence in the House of Commons there’s a collective groaning and rolling of eyes. It’s disrespectful but motivational in equal measure, something I’m quite sure they don’t understand.

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Before I explain a bit about the Judicial Review Bill, it’s worth recognising that it’s but one part of “a concerted attempt to shut down potential routes of accountability and exert the power of the executive over Parliament, the courts and the public”. Those are not my words, they’re the words of the globally respected human rights organisation Liberty, and they’re not wrong.

In addition to changing Judicial Review, they’re reviewing the Human Rights Act and we all know we can confidently delete “reviewing” and replace it with “butchering”.

They’re putting barriers in the way of ordinary people being able to vote via the Elections Bill.

They’re restricting the right to publicly protest using the Policing Bill. (On that, who knew the House of Lords would come in so handy when they struck down much of the bill recently? I remain fundamentally opposed to unelected chambers of course but good on them.) Continuing on with this litany of legislation, the vile Nationality and Borders Bill allows them to criminalise and jail people for saving the lives of asylum seekers in trouble at sea.

I would be alarmed if only one of these pieces of legislation was being proposed but the combination tells me that Liberty has got it spot on. It’s a concerted effort to enable the Tory government to do what it wants with no comeback from the people they are elected to serve.

And, to quote a Scottish Labour politician who would STILL rather have the Tories do this to us than see Scotland independent, “they are doing it deliberately”.

So let me tell you just a little about what the Judicial Review Bill does to your rights.

In 2017 Unison, won their Judicial Review about workers being charged up to £1200 by the UK Government to take employers to employment tribunals.

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The Supreme Court declared the fees to be unlawful and everyone who had paid them was refunded. The Government were no longer allowed to charge the fees from the moment of that judgement. Justice was done.

Let’s imagine it’s 2023, the Judicial Review Bill is now enacted and the aforementioned judgement of 2017 never happened. Unison go to the Supreme Court arguing that the cost of Employment Tribunals is unlawful. The court agrees just like they did in 2017.

The difference in 2023 is that none of those already forced to pay the unlawful fees will be refunded. Anyone subsequently requiring an employment tribunal will still have to pay the unlawful fees. Meantime, the Tory government is given time to amend the legislation till they’ve made the unlawful, lawful. I kid you not.

Who on earth would go to the expense and trouble of seeking a Judicial Review given the prospect of no remedy, no justice and no change in their or anyone else’s situation? What would be the point?

And that’s just part of it. Another clause removes the right to challenge decisions of the Upper Tribunal.

This type of Judicial Review has been used to ensure that people with disabilities are given the right “benefit” entitlement; they’ve stopped people being made homeless; and they’ve prevented the deportation of people to countries where they faced certain death.

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I was so disappointed when Labour abstained on the SNP amendment that would have prevented this happening in Scotland at least. We have a distinct legal system and the Act of Union does not allow for them to remove this right from our Court of Session. But Labour disagree. And the Tories disagree. So that’s alright then.

Except it’s not. It’s very far from alright. Preventing people from accessing justice is not alright. Putting a system in place that means victory in Judicial Reviews has little meaning or effect is not alright. And riding roughshod over the Scottish Parliament, the Scottish Government and the people of Scotland is about as far from alright as it’s possible to be.

Combined with the aforementioned legislation – alongside the revelations living it up in Downing Street whilst ordinary people grieved alone during lockdown and simply writing off the eye-watering £4.3 billion of fraudulent Covid claims whilst telling people on Universal Credit that they need to make do on £20 a week less – it surely must herald the collective cry from Scotland that “we are decent people, get us out of here”.

We are selling the positive story of independence and it’s extremely positive. But for those who don’t quite believe us yet, is there anyone left in Scotland who can honestly read this and think staying in the UK is an option? Surely not.