Petition To Grant A Section 30 Order

Published by Hands Off Scotland on

This post was last updated on the 17th of July 2019…


The Scottish First Minister has repeatedly stated that a second referendum is the SNP’s preferred route to Scottish independence. We must support that decision until such a time that an alternative route can be found or becomes available to us.
Whether you agree with the fact that we are required under the Scotland Act to request a section 30 order or not, doesn’t alter the fact that in order to pursue a second referendum on Scottish Independence, the results of which could be made binding on the UK Government, we do require one.

But there are other routes to achieving Independence that do not require the agreement or the approval of the Conservative Government South of the Border. We could for example withdraw from the 1707 Treaty of the Acts of the Union ending our partnership or we could put pressure on them to respect our Democratic Rights as Sovereign Scots to Self Determination as laid out under Section 1 of the UN Charter. A response indicating refusal of a section 30 order will certainly help us put pressure on the SNP to start looking into some of these other options….


A petition to the UK Government in Westminster has been launched to ask Parliament to grant a section 30 order to allow Scotland to hold a Second Referendum on Scottish Independence…

The petition cites significant changes since 2014, including a proposed breach by the UK Government of the Union with England Act 1707 …


We need this petition to reach 10,000 signatures to initiate a response from the UK government, if they reply with the standard “you had one in 2014” rhetoric, then we can take that as a refusal to allow indyref2 under the Edinburgh Agreement and start looking at other options.


The online petition reached its goal of 10,000 signatures on the 2nd of July 2019, it took the UK Government 13 days to issue a response….

It took the UK Government 13 days to respond

On the 15th of July, the petition received the following response from the UK Government via the Scotland Office;

Now is not the time for another referendum. In 2014 people in Scotland voted decisively to remain part of the United Kingdom. That result should be respected.
The UK Government has been clear that now is not the time for another referendum. Scotland had an independence referendum in 2014 on a promise that it would settle the issue for a generation. It was legal, fair and decisive and people in Scotland voted by a significant margin to remain part of the UK. The Edinburgh Agreement of 2012 committed both the UK and Scottish governments to respect the referendum’s outcome. The UK Government will continue to respect the result of the 2014 referendum.

Scotland Office.

This response appears to be a cut and paste job from a government reply to a petition to hold a second referendum. A copy of which can be seen online.


I also received an email from the Petitions team on the 16th of July informing me of the Governments response, not being happy at the government’s cut and paste rhetoric, I sent the following reply to the petitions team;

Thank you for your email notifying me that the government has responded, I note that the petitions committee can look into the response and press the government for action.

“The Petitions Committee will take a look at this petition and its response. They can press the government for action and gather evidence”.

Can you tell me what the next step would be, if it was considered that the response contained mis-information.


I will post an update when I receive their reply….



17/07/2019
The petition is now drawing the attention of the media and a short article featured in The National will no doubt be the first of many as the petition gathers momentum in the run up to the SNP’s October conference.



So what is a Section 30 Order?

This refers to section 30 of the 1998 Scotland Act which covers the “Legislative Competence” of the Scottish Parliament.

Holding an Independence Referendum is outwith the Legislative Competence of the Scottish Parliament, so in order for the Scottish Parliament to legislate for and hold a legally-binding Independence Referendum it must first get agreement from the UK Government. The UK Governments stance is to refuse such a request, many reasons have been given for the refusal, the main one being that “the results of the 2014 referendum should be respected” and it matters not to them that there has been a number of significant changes since that referendum 5 years ago.


Click here to sign the petition


This petition does a lot more than just collect signatures, Brexit can only happen if NI gets a no border deal, but allowing NI to have a different trading arrangement to that of Scotland is in contravention of Section VI of the Union with England Act 1707, which states;-
“Regulations of Trade and the Customs and Duties on Import and Export settled in England when the Union commences shall from and after the Union take place throughout the whole United Kingdom”
and yes, it is still in force, that part of the act was not repealed and transferred over to the Scotland Act in 1998. The petitions committee is made up of back bench MP’s from across the parties, so by wording the petition in this way, puts Westminster on notice. It matters not how many signatures this petition gets, because from the moment that they debate the inclusion of it, or better still agree to publish it, we know that the message has been sent…


Committee at time of publishing, any changes can be seen here…

We will keep you posted on the progress of this petition throughout all the stages….


26/04/2019:- The petition was submitted. This will be our 3rd attempt at getting a petition to grant a section 30 order approved and we are hoping that the way it has been worded this time round will be more successful.

26/04/2019:- The petition has obtained the required support and is currently being checked to see if it meets the “Petition Standards” before they will publish it.

16/05/2019:- After a number of emails to the parliamentary petitions committee our petition has finally been published.

02/07/2019:- The petition reached its goal of 10,000 plus signatures.

15/07/2019:- The petition received a response from the UK Government via the Scotland Office.

16/07/2019:- An email from the petitions team was received confirming the Governments response.

16/07/2019:- An email was sent to the petitions team enquiring how to challenge the Governments response.

17/07/2019:- The media picked up the story with an article in The National.



Click this link to sign the petition:
You will need to confirm your email address for it to be counted


The petition states….

To grant a section 30 order to allow a 2nd referendum on Scottish Independence.


In view of the recent changes that will affect the future of Scotland and its ability to make decisions on what direction that future should take, the people of Scotland ask that Westminster grants an order under section 30 of the Scotland Act to hold a second referendum for Scottish Independence.


Since the 2014 referendum there have been many significant changes that have affected Scotland including the will of the Scottish people to remain in the EU & the proposals to allow part of the UK to trade differently, which is in direct contravention of Union with England Act 1707, Section VI which states “Regulations of Trade and the Customs and Duties on Import and Export settled in England when the Union commences shall from and after the Union take place throughout the whole United Kingdom”


Click this link to sign the petition:
You will need to confirm your email address for it to be counted


For those not familiar with Section VI of the Union with England Act 1707 here it is:


That all parts of the United Kingdom for ever from and after the Union shall have the same Allowances Encouragements and Drawbacks and be under the same Prohibitions Restrictions and Regulations of Trade and lyable to the same Customs and Duties on Import and Export And that the Allowances Encouragements and Drawbacks Prohibitions Restrictions and Regulations of Trade and the Customs and Duties on Import and Export settled in England when the Union commences shall from and after the Union take place throughout the whole United Kingdom


It is worth remembering that this petition isn’t just about asking for a section 30 order to be granted it is also about showing the Conservative led UK Government in Westminster that there is support in Scotland for a second referendum on Scottish Independence….

Hands Off Scotland Admin Team…



Categories: Independence