Far from the least of the problems with Theresa May’s latest attempt to make the rough-hewn square peg of Brexit fit the well-formed round hole of reality is the question of trust. For example, when the British government undertakes to pay “due regard” to European Court of Justice (ECJ) rulings relating to the rules the UK will share with Brussels, why would anyone assume this to mean that the British government will respect those rulings? Anyone even minimally aware of the British state’s record in relation to such undertakings would have to be exceedingly sceptical. Anyone familiar with ‘The Vow’ made to Scotland in 2014 would openly scoff at the notion of trusting the British political elite.
If there was any intention to respect ECJ rulings, why not just say so? Why not make that commitment explicit? Why resort to such vague terms? When such woolly language is used it becomes a matter of how it is defined. And of who does the defining.
This being the British political elite, it is safe to assume that they reserve to themselves the role of ultimate arbiters in this, as in all things. It is not unreasonable, therefore, to expect that “due regard” might be defined in the same self-serving manner as the British political elite defines the “consent” of the Scottish Parliament to whatever it is that the British political elite wants to do to Scotland. Thus, the British government will be deemed to have given “due regard” to any ECJ ruling if –
(a) the ruling is accepted
(b) the ruling is ignored
(c) the ruling is rejected
To most of us, I’m sure, this is the stuff of Orwellian madness. But, to those mired in the dogmatic exceptionalism of British Nationalist ideology, it all seems perfectly reasonable. The reasonableness derives from it being British, regardless of the content. This may seem improbable. Many will ask how it is possible – absent some pathology – for any human intellect to deny such glaring inconsistency, contradiction and illogic. But we are dealing here with minds capable of the kind of doublethink which allows British politicians to pay lip service to Scotland’s Claim of Right whilst using those same lips to spit on Scotland’s right of self-determination.
30 (4) For the purposes of subsection (3) a consent decision is—
(a) a decision to agree a motion consenting to the laying of the draft,
(b) a decision not to agree a motion consenting to the laying of the draft, or
(c) a decision to agree a motion refusing to consent to the laying of the draft;
In any negotiation there must be trust. There must be a certain minimum confidence that the parties to the negotiation are acting in good faith. There must be a reasonable expectation that undertakings made will be honoured. The British political elite has shown itself to be deceitful, duplicitous and dishonest. They cannot be trusted. Therefore, there can be no basis for agreement.
If there is no reason for the EU to trust the British state, there is even less cause for Scotland to do so. We trust the British government at our peril. We are paying a steep price for having believed British politicians in 2014. The cost of trusting them now will be far, far higher.
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