IN December 2022, when Lady Haldane and the Supreme Court ruled that the Secretary of State for Scotland could invoke Section 35 as long as they “interpreted” that Scottish legislation infringed upon reserved powers – whether or not the evidence supported this – devolution effectively died. It did not go out with a bang, but with the whimpering and handwringing of supposedly pro-independence figures who joined Unionist forces in spreading misinformation about what the Gender Recognition Reform (GRR) Act actually entailed.
To be clear, the GRR was nothing more than an administrative update to an existing process. The British state took advantage of the three years of additional consultation time (thanks to Nicola Sturgeon yielding to pressure from a small but powerful minority of right-wing voices within the SNP) to stoke a culture war against trans people. They manufactured consent to strike down the legislation by misrepresenting what the GRR was.
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Many pro-independence voices were swept up in this moral panic, becoming complicit in the erosion of the Scottish Parliament’s ability to pass any legislation the British state disapproved of.
So what are the consequences? We are witnessing them in real time as the SNP quietly drops or indefinitely delays progressive policies, such as the conversion therapy ban, free school meals, ambitions for net zero, and active travel – presumably aware that they are unlikely to remain the dominant party after the 2026 Scottish elections, leaving these problems for others to address. But those problems will affect everyone.
Now, any Scottish legislation deemed inconvenient by Westminster can be stifled or reversed under the guise of “protecting” the Union. The Scottish Government has been left powerless, and legal challenges are unlikely to reverse this precedent. It sets a chilling standard: Westminster now has the de facto power to veto any Scottish legislation by claiming it infringes upon reserved matters, regardless of whether or not this is true.
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The Tories, over the past decade, made no secret of their disdain for devolved powers. But under Keir Starmer, the Labour Party doesn’t seem much better. Starmer has built a reputation for authoritarianism, demonstrated by his purging of leftists within the Labour Party and his refusal to oppose many of the Conservatives’ most draconian policies. His troubling voting record, including opposing measures to lift children out of poverty, should be a wake-up call for anyone expecting meaningful change under a Labour government.
In this environment, independence remains the only viable path for Scotland to pass the progressive and necessary legislation its people demand. The collapse of the Deposit Return Scheme – blocked, delayed, and ultimately killed by political manoeuvring from Westminster – is a painful reminder of the limitations that now define devolution. Every ambitious step Holyrood takes is met with resistance from a UK Government determined to keep Scotland in check.
The SNP continue to reassure their members, promising to fight for Scotland’s interests. Yet their inability to act on key issues reflects a deeper reality: devolution, as it was originally conceived, is no longer functional. Westminster’s ability to override Holyrood at will has transformed Scotland from a devolved nation into one that merely administers powers on loan.The SNP face a difficult choice. They can continue operating within the increasingly narrow confines of devolution, or they can start being honest with the Scottish people about the true state of affairs. The harsh truth is that devolution has been stripped of its meaning, and Westminster’s self-appointed authority to block, override, or dismantle Scottish legislation has left Scotland politically paralysed.
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Admitting this reality may seem risky, but it could also be the key to winning over a growing number of Scots who view independence as the only viable path forward. The current system is designed to preserve the status quo, preventing Scotland from enacting meaningful reforms in areas such as social justice, environmental policy, and economic fairness. Independence offers the possibility of a system in which Scotland can legislate without fear of being overruled by a distant parliament with conflicting - and harmful - priorities. While they may still be reluctant to fully acknowledge the death of devolution, sooner or later they will have to confront it. For many, independence is no longer just an aspiration—it is fast becoming the only option for a liveable future.
Devolution is already dead, and it is time to chart a new course forward. Independence does not belong to any one political party, and grassroots civic campaigners must now be the beating heart of the movement.
Rebecca Glen
via email
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