To Dear Scotland readers,
The Victims, Witnesses, and Justice Reform (Scotland) Bill is currently before Parliament at Stage 1 and a public debate is scheduled for April 23rd at 2 pm at Holyrood. Because this bill proposes constitutional changes, the Scottish People must be consulted via a referendum under our constitutional basis of Popular Sovereignty.
As many people as possible need to write to their MSPs and ask that this bill be subject to a referendum. I’ve provided a template below, so please feel free to adapt.
I also hope that you can attend the public debate on April 23rd. If so, there are a couple of practical issues of which to be aware:
1) Tickets. You don’t have to have them but I’ve been told that there will probably be lots of lawyers in the public benches so tickets might be advisable. You can order tickets via your MSP. Ticket bookings open one week in advance, i.e., April 16th, and you can order up to a maximum of 5 tickets. Here’s the link: https://www.parliament.scot/visit/tickets-for-debates-and-meetings/chamber-tickets
2) Demonstrations are allowed, but there are rules at: https://www.parliament.scot/get-involved/organising-a-protest
We can’t let Holyrood get away without consulting us, the Scottish People.
Dear [MSP],
Now that the Victims, Witnesses and Justice Reform (Scotland) Bill (VWJR Bill) has progressed to Stage 1, I am requesting that it be subject to a national referendum under the Referendums (Scotland) Act 2020. That's because the VWJR Bill proposes fundamental changes to Scotland’s constitution - juryless trials for rape cases and abolishing the Not Proven verdict.
As I'm sure you're aware, under Scotland’s system of Popular Sovereignty, constitutional changes must be subject to approval by the Scottish People. The Scottish Government endorsed this when it said, “A constitution … should not be vulnerable to change at the whim of the government of the day or of a simple majority in parliament.” I trust you will agree.
Furthermore, Article 25 of the UN’s International Covenant on Civil and Political Rights, ratified by the UK in 1976, states that direct political rights such as referendums are a fundamental right of all citizens. This fundamental right can already be applied to devolved matters, such as the VWJR Bill, as provided for by the Referendums (Scotland) Act 2020.
Please confirm that you acknowledge the foregoing and will therefore support a public referendum. I also request that you take immediate steps to introduce direct Political Rights such as referendums into Scottish legislation. The applicability of such rights should, of course, correspond to those of the Referendums Act mentioned above.
Perhaps you could let me know if you plan to attend the public parliamentary debate on the VWJR Bill on 23rd April at 2 pm. I intend to be there.
In the meantime, I would be grateful if you would remind the Scottish Government and Criminal Justice Committee of their duty to consult the Scottish People by means of a referendum.
Thank you.
I've sent an email to all 8 of my MSPs.
Not much of a response
Dear Bill
Colin has asked me to thank you for your correspondence regarding the Victims, Witnesses and Justice Reform Bill. Unfortunately at this time I am unable to confirm if he will be present in Chamber for the debate on 23 April, as his Parliamentary commitments can change with very short notice. However, I can confirm he will follow this debate closely whether in Chamber or remotely.
He will be in touch with you directly in due course to address your other points.