"We do hereby acknowledge the sovereign right of the Scottish people to determine the form of Government best suited to their needs."
"Twice previously Scots have acted against misgovernment by issuing a Claim of Right, in 1689 and in 1842 ... Now, as then, vital questions arise about the constitution and powers of the state. Now there is a danger that ... symptoms, such as the Poll Tax, Health service, Education and the Economy are mistaken for causes which [really] lie in the way Scotland is governed."
"We hold ourselves fully justified in registering a general Claim of Right on behalf of Scotland."
Sponsored by the Campaign for a Scottish Assembly (as we were then named), this very distinguished committee examined:
Their historical survey refers to Scotland's impressive contributions to European history and culture, the diminution of European cross-fertilisation as the pull of London increased and Scottish self-confidence declined, and the significant revival of Scottish culture this century accompanying the increasingly vigorous demand for a Scottish say in Scotland's government. They point out the Union was pressed upon the Scots by the English, for English reasons of state, but that the Scots had insisted upon terms which guaranteed them their own institutions and policies in the Church, the Law and Education - which represented the bulk of civil life and government at the time. Unfortunately:
"there was never any mechanism for enforcing respect for the terms of the Treaty of Union. Many of its major provisions have been violated and its spirit has never affected huge areas of government which have evolved since."Administrative devolution to the Scottish Office is no answer; in the last resort the Secretary of State for Scotland must be 'the Cabinet's representative in Scotland' rather than 'Scotland's representative in the Cabinet' and, if the UK Government so chooses, he can and does
"impose on Scotland policies against which an overwhelming majority of Scots have voted."In considering the 'present and future being forced upon us' the Committee points out the profoundly undemocratic outcome for Scotland of the combination of the British voting system, the (mere) illusion of democracy in the English constitution and the operation of the Government within the House of Commons, and concludes:
"We are not aware of any other instance in the democratic world, of a territory which has a distinctive corpus of law and an acknowledged right to distinctive policies but yet has no body expressly elected to safeguard and supervise these".
"Within the UK the Scots are in a minority which cannot ever feel secure under a constitution which, in effect, renders the Treaty of Union a contradiction in terms, because it makes no provision for the safeguarding of any rights or guarantees."Voting, however, overwhelmingly for a party which promises it, carries no guarantee of delivering what the Scots want, as
"the flaws in the present constitution offer incentives to abuse and an interest in maintaining its abuses",the party in power being tempted to cling to the unreasonable powers available.
The Committee examines the main points under current discussion of the establishment of a Scottish Assembly, and say that they find, both on theoretical and practical grounds, the case for it is 'conclusive'.
The 'Road to Change' is seen as via a Constitutional Convention. Possible ways of establishing such a Convention, and alternative forms of such are considered. Overall the Committee comes down in favour of a Convention consisting mainly of the elected (Westminster) MPs, elected Local Councillors (representing Local Government as a whole), plus some additional members to create a closer correspondence to Scottish voting as a whole. The importance of the participation of all in favour of a Scottish Assembly is stressed, including the need to keep open places for any who might feel unable to participate at first, and representation by some means of all constituencies.
They also recommended the setting up of a supporting consultative body, not primarily party political, but representative of substantial national organisations in support of a Convention, and including also individuals from other organisations and social, cultural, economic and religious groupings.
The Committee's suggested remit for the Convention was:
"Scotland faces a crisis of identity and survival. It is now being governed without consent ... Scottish history is selectively distorted and Scots are told ... that they secretly love what they constantly vote against ... the crucial questions are making power accountable and setting limits to what can be done without general consent."
"It is a sign of both the fraudulence and fragility of the English constitution that representative bodies and their activities can be systematically closed down by a minority Westminster Government without constitutional constraint or even delay."
"Scots have shown this constitution more tolerance than it deserves. They must now show enterprise by starting the reform of their own government."
The inaugural meeting of the Scottish Constitutional Convention was held on 30th March 1989, at which all its members signed the Claim of Right for Scotland.
Go to...