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Digital Subscriptions > iScot Magazine > July/August > Section 30 is not Scotland’s salvation

Section 30 is not Scotland’s salvation

I WONDER if those who say things like “we are not at the end of the Section 30 order road” have ever stopped to think about what a Section 30 order actually is. When I hear people insisting that a Section 30 order is absolutely required for a referendum on restoring Scotland’s independence to be ‘legal and ‘binding’, I tend to wonder if they have considered what a Section 30 order is for and why this ‘loophole’ was made part of the Scotland Act 1998. After all, we know that the core purpose of the legislation is, not to empower the Scottish Parliament, but to keep it in check. We know that the devolution experiment never had anything to do with addressing the democratic deficit imposed by the Union or improving Scotland’s governance, but was always about creating a new and superficially more democratic framework within which powers could be ‘managed’ without the risk of compromising the Union. So why would the legislation include a provision for granting additional powers to the Scottish Parliament?

Boris Johnson

It is simply another device by which the British state may rein in the Scottish Parliament

The answer, of course, is that it doesn’t. As becomes immediately clear when one reads the relevant text at Section 30(2).

“Her Majesty may by Order in Council make any modifications of Schedule 4 or 5 which She considers necessary or expedient.”

Scotland Act 1998 1

Expressed in a less legalistic, and more forthright, fashion what this says is that the British Prime Minister – currently a malignant child-clown named Alexander Boris de Pfeffel Johnson – can alter the powers of the Scottish Parliament whenever they want and in any way they deem “necessary or expedient” for their purposes – that purpose being ever and always the preservation of the Union. I think it’s fair to say that Section 30 isn’t sounding like quite the boon to Scotland some seem to suppose it to be. It is simply another device by which the British state may rein in the Scottish Parliament. Or, at least, that was the intention. Belt and braces legislation. Just in case there were any loopholes which might allow Holyrood more power than was intended, Section 30 allows the British political elite to quickly patch up any chink in the armour protecting the Union.

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