First Minister sets out 'radical' plans for independent Scotland's written constitution

Humza Yousaf says such a document could protect workers' rights as well as access to free healthcare.

Author: Kara ConwayPublished 19th Jun 2023

Humza Yousaf has outlined "radical" plans for an independent Scotland to have a written constitution - with the First Minister saying such a document could protect workers' rights to strike and guarantee healthcare that is "free at the point of need".

Mr Yousaf also made clear the SNP-led Scottish Government would want a new constitution for the country to rule out Scotland being a home for nuclear weapons.

With a final constitution only being developed after Scotland has voted for independence - and not coming into force until after people have backed it in a referendum - the First Minister and SNP leader conceded he could not say for certain what would be in such a document.

He said: "By helping enhance and protect important rights, it will make a genuine and significant difference to people's lives."

He spoke as he launched a new paper on plans for a written constitution, which is part of a series of papers from the Scottish Government as it seeks to make a fresh case for independence.

How the opposition have responded

The Tories, however, branded the new paper as being the "height of self-indulgence from Humza Yousaf", hitting out at the SNP leader for spending "taxpayers' money publishing yet another paper in relation to independence and trying to waste parliamentary time on it next week".

Mr Yousaf said: "A written constitution that protects, for example, an adequate standard of living, it is not abstract, I think it is fundamental to people's lives right now."

He told how having a written constitution would "embody a set of longer-term, more fundamental values about what a country is for" and set out a "common understanding of a nation's priorities", as well creating a "standard below which no government should ever fall".

He added: "In the context of the Westminster system, these proposals do sound radical."

With the UK not having a written constitution in place - something Mr Yousaf said made the country a "global outlier" - he claimed Westminster could abolish the Scottish Parliament, which has been in place since 1999.

The First Minister has Westminster could abolish the Scottish Parliament.

Speaking in Glasgow, the First Minister: "That's not an abstract concept - it is worth remembering the UK Government is already seriously considering the repeal of the Human Rights Act, one of the most significant achievements of any UK Parliament in the last 30 years.

"In future, Westminster sovereignty could even allow the UK Parliament to repeal devolution through nothing other than a simple majority vote."

A vote for independence would see the Scottish Parliament develop an interim constitution, which would then come into force when Scotland leaves the UK.

After independence, a constitutional convention would be established to develop a permanent constitution, with this to be considered by Holyrood and also put to the people in a referendum.

Mr Yousaf said such a document could "protect the right to take industrial action" for workers and could also set out "provisions on the right to adequate housing, the right of communities to own land, or our right as citizens to access healthcare which is free at the point of need".

He went on to state: "In the Scottish Government's view, it should also include provisions stating very clearly and explicitly that Scotland will not host nuclear weapons."

The First Minister insisted the "vision" in the Scottish Government paper "contrasts quite starkly" with Westminster, where he said "rights are being systematically eroded".

'Divisive' proposals

Scottish Conservative constitution spokesman Donald Cameron said: "The SNP are so obsessed with their push for independence that they are now pressing for not just one divisive referendum but two to take place if they ever get their way."

The Tory MSP said the First Minister "knows that the obsession with breaking up the United Kingdom is the only issue that can keep the warring factions in his party together".

Mr Cameron continued: "Humza Yousaf has a total brass neck saying the cost of living is the number one issue for him, when he is happy to spend taxpayers' money publishing yet another paper in relation to independence and trying to waste parliamentary time on it next week.

"The paper itself is full of holes and talks up completely misguided plans to ban nuclear weapons in an independent Scotland.

"Using public money to campaign for independence is completely the wrong priority for Scotland.

"People want the SNP-Green government to be focused on their real priorities right now such as rising bills, fixing our NHS and strengthening our economy."

Scottish Labour constitution spokesperson Neil Bibby said Mr Yousaf had been "indulging in the same old constitutional pipe-dreams" at the same time Sir Keir Starmer had been in Scotland to unveil Labour plans to "transform Scotland's economy and lead the way in the transition to clean energy".

Mr Bibby added: "Humza Yousaf may say that he wants to enshrine the NHS in the constitution, but under his watch our NHS is on its knees.

"Humza Yousaf claims he wants to protect the rights of islanders, but his Government can't even sort out the ferries.

"Humza Yousaf says he wants to defend local government, but his party and Greens have cut council budgets year after year."

The Labour MSP said the "SNP resort to pipe-dreams as the country crumbles under their watch".

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