SSP Research, Policy & Media Unit
Press Release: 31/08/05
Scottish Socialist Party national convenor Colin Fox has written to the Presiding Officer of the Scottish Parliament, George Reid, saying that the party has withdrawn from legal action over the suspension of 4 SSP MSP’s for the month of September.
The 4 MSP’s made their protest after the First Minister Jack McConnell repeatedly refused to say he would uphold a vote of the Parliament on 3rd March 2005 upholding the right of peaceful protest at Gleneagles.
Despite claims that a deal had been done to allow a demonstration to take place at Gleneagles, the police and authorities repeatedly tried to prevent a demonstration, culminating in an attempt to sabotage it on the day by using the news media to announce that it had been cancelled.
The SSP has been given legal advice which clearly states that any legal action would have to be preceded by an apology for the protest of the 4 MSP’s on June 30th of this year over the right to protest at the G8 summit at Gleneagles.
Legal advice given to the SSP is that the 4 MSP’s were in effect in contempt of parliament and that contempt would have to be purged with an apology, an apology the MSP’s are not prepared to make.
While the SSP’s legal advice was that the party had an extremely strong case, it was also indicated that if the case was lost and costs were awarded against the party the final bill could be more than £100,000.
With the issue of court action now removed, Colin has written to George Reid asking for the “disproportionate” punishment to be reconsidered by referring the matter to the Standards Committee.
Colin said today;
“Our legal advice is that in order for a judicial review could begin we would have to apologise for our actions in the Parliament on the 30th of June, something we are not prepared to do.
“We have also been advised that the cost of legal action could be over £100,000 if we lost, an amount that a party funded by the subscriptions of working people could not contemplate losing.
“With the possibility of legal action now removed, I have written to George Reid asking that the draconian sanctions be reconsidered by referring the matter to the Standards Committee."
[ends]
Notes: Letter to George Reid
31st August 2005
Dear George,
I understand from Carolyn that at the Parliamentary Business Bureau on Monday you felt that no new discussions could take place on the issue of the suspension of the four SSP MSP’s as the matter was ‘sub judice’.
I wish to now inform you that due to a combination of 2 factors there will now be no legal action via the High Court in respect of our suspensions.
Firstly we have been informed that we would be required to apologise for our actions initially before progressing to judicial review. We are not prepared to apologise for a legitimate protest and disruption of Parliament designed to highlight the right to democratic protest. This right was won decades ago and upheld during the March 2005 debate in Parliament, but the First Minister refused, in our view, to uphold that principle in connection with the anti-G8 protest at Gleneagles. On this occasion we feel our disruption of Parliament was legitimate and proportionate. The subsequent punishment recommended to Parliament by the Standards Committee we believe in contrast to be illegitimate and disproportionate.
Secondly the costs of proceeding with our case, which we are reliably advised is a strong one, could be in excess of £100,000. We are a working class party which relies upon our members and supporters for finance. It is worthwhile remarking that because of the huge costs involved the people represented by the SSP are denied equality yet again via our justice system.
With these two factors in mind we are withdrawing our High Court action and would respectfully now request that the Parliament’s decision to suspend us for 30 days without pay and loss of MSA be re-examined in a calmer and more proportionate manner in the Bureau and the Standards Committee as soon as possible.
I therefore ask you now refer this matter to the Standards Committee.
Yours sincerely
Colin Fox MSP
Scottish Socialist Party
