The SNP’s NEC agrees resolution to be debated at Special Conference

The full text of the draft resolution unanimously agreed by the NEC is appended:
 
Context for the Special Democracy Conference:
 
This Conference has been called by the National Executive Committee because of the recent judgment of the UK Supreme Court which concluded that the Scottish Parliament does not have power under the Scotland Act 1998 to legislate for a referendum on independence without the agreement of the UK government. 
 
While the SNP respects the Court’s judgment – accepting that its function is to interpret, not make the law – the outcome puts beyond doubt that the current law and constitution is inconsistent with respect for Scottish democracy or the notion of the UK as a voluntary partnership of nations. 
 
It is therefore in the light of this judgment – and the continuing anti democratic stance of the UK government regarding both the mandate of the SNP / Green Government to hold a referendum and the wider issue of how the voluntary partnership can be democratically dissolved – that Conference is  being asked to consider options for advancing the right of the Scottish people to choose the form of government which is, in the words of the Claim of Right, best suited to Scotland’s needs.
 
This right – the right of every nation to self determination – is universally recognised. 
 
The question now is how Scotland can exercise that right if it continues to be denied by Westminster.
 
For the avoidance of doubt, a referendum remains the SNP’s preferred route to establishing the will of the Scottish people on the issue of  independence. To that end, the Scottish Government will continue all reasonable efforts to reach agreement with the UK government on the necessary transfer of power to enable the Scottish Parliament to legislate for an independence referendum. 
 
However, should a referendum continue to be blocked by Westminster and if Scottish democracy is not to be negated and set aside as a consequence, an alternative means of ensuring that the will of the Scottish people on their future governance must be offered.
 
It is clear that such alternative means can only be through a national election.
 
An election is, by definition, a lawful and constitutional democratic process.  
 
It is important to be clear, however, both as a matter of principle and a prerequisite of achieving international recognition of our independence, that Scotland can only become independent if that is the choice of a majority of those eligible to vote and exercising their right to do so when the question is clearly put. 
 
This principle applies if a national election is to be the means for deciding on Scotland’s constitutional future, just as it would in a referendum. 
 
It is also important, given that one of the arguments in favour of independence is better governance, more responsive to the needs, aspirations and values of the Scottish people, that any election-based route to independence is fully consistent with the SNP’s responsibility – sought by and given to us by the Scottish people in 2007, 2011, 2016 and most recently in May 2021 – to govern Scotland selflessly, responsibly and to the best of our abilities. 
 
This is particularly important given the significant challenges currently experienced by individuals, businesses and public services, in the greatest part caused by the UK Government and its disastrous policies, and exacerbated by Westminster hostility to devolution and the very existence of a Scottish Parliament. 
 
Consequently the NEC proposes to lay before Conference the motion below. The motion presents two possible alternative approaches to a plebiscite election.  These are the options which, in the opinion of the NEC, are credible and deliverable. There are arguments for each of these options relating, for example, to the timing, franchise and nature of the different elections.
 
However, it is recognised that others may propose different approaches and given the importance of this decision to both party and nation, the NEC wishes to enable the fullest possible debate. 
 
Accordingly the Conference Committee, in accordance with the constitution, is inviting amendments to the motion, or alternative motions on the same subject from branches, constituencies and affiliated organisations and will consider these for the final agenda.     
 
Our intention is to allow for the maximum consideration and debate, leading to a clear Conference decision that commands unity in delivering Scotland’s democratic choice.
 
Motion for Conference
 
Conference restates the SNP’s founding belief that the best future for Scotland is  as an  independent nation, and reiterates the following principles:

1. The decision on whether or not Scotland should become an independent country is for the Scottish people and for them alone.
2. A lawful, democratic referendum – conducted on a similar basis to the referendum of 2014 – is the best and most appropriate means by which to determine the question of independence;
3. Decisions on the timing of and arrangements for a referendum should be taken by the democratically elected Scottish Parliament;
4. The election of a majority of MSPs in favour of both independence and a referendum – as was achieved in 2021 – constitutes a clear mandate for a referendum to take place.

Conference agrees that its preferred route to establishing the will of the Scottish people on independence remains a referendum. 

To that end, Conference requests that the Scottish Government continues all reasonable efforts to reach agreement with the UK government on the necessary transfer of power to enable the Scottish Parliament to legislate for an independence referendum.
 
However Conference notes the decision of the Supreme Court regarding the current powers of the Scottish Parliament in relation to such a referendum and agrees that it puts beyond doubt that the current law is inconsistent with the above principles, respect for Scottish democracy or the notion of the UK as a voluntary partnership of nations.
 
Conference therefore resolves that:
 
In the absence of an agreement having been reached with the UK government to enable the Scottish Parliament to legislate for an independence referendum, the SNP will contest the next UK General Election as a de facto referendum.
 
The SNP will make clear that it is asking people to vote SNP in that election to indicate that their answer to the question “Should Scotland be an independent country” is Yes – and that it will interpret votes for the SNP on that basis.
 
The SNP will set out – in advance of and during the election campaign – the inextricable link between that question and the issues that will be central to the election – the economy, public services and Scotland’s place in Europe and the world – in that independence is essential for Scotland to address these issues and build a fair and prosperous country.
 
If a majority of those voting in the election vote SNP – or if the combined votes for the SNP and any other party with which it has reached a pro independence agreement in advance of the election constitute a majority of votes cast – we will consider that a mandate to enter negotiations with the UK government to secure independence.
 
( as an alternative for the above 4  paragraphs,  substitute:
 
In the absence of an agreement already having been reached with the UK government – and given the UK government’s ability to call a General Election at a time of its choosing – the SNP will contest the next UK General Election, on whichever date it is called, on the issue of securing agreement for a transfer of power to enable the Scottish Parliament to legislate for a referendum. 
 
The SNP will make clear that it is asking people to vote SNP in that election to indicate support for a referendum.
 
If the SNP wins a majority of Scottish seats, it will take the demand for the necessary transfer of power to the UK government.
 
Should that demand – backed by the Scottish people – be denied again, the SNP will contest the Scottish Parliament election in 2026 as a de facto referendum.
 
The SNP will make clear that it is asking people to vote SNP in that election to indicate that their answer to the question “Should Scotland be an independent country” is Yes – and that it will interpret votes for the SNP on that basis.
 
The SNP will set out – in advance of and during the election campaign – the inextricable link between that question and the issues that will be central to the election – the economy, public services and Scotland’s place in Europe and the world – in that independence is essential for Scotland to address these issues and build a fair and prosperous country.
 
If a majority of those voting in the election vote SNP – or if the combined votes for the SNP and any other party with which it has reached a pro independence agreement in advance constitute a majority of votes cast – we will consider that a mandate to enter negotiations with the UK government to secure independence.)
 
Conference mandates the NEC – on the basis of the decision reached at this special conference – to develop a detailed position paper to be presented to a National Council or, at the latest, the autumn Conference on the arrangements for the chosen mechanism, whilst developing and delivering a sustained campaign to build majority support for independence and to work in partnership with other parts of the independence movement in so doing .
 
National Executive Committee