Scotland's Parliament says their consent is required for an Article 50 claim. Scotland voted a supermajority for Remain. Of course, the main UK Parliament may not let Scotland veto this -- but then again, they might.
Scotland's Parliament can assert whatever they wish; it doesn't make it so. What Sir David said regarding his cite of Section 29 is consistent with Great Britain leaving the EU and taking Scotland with it IAW the population's vote. The departure is not incompatible with EU law, and so the Scottish Parliament's view is irrelevant.
What section 29 actually says in pertinent part is this:
(2)A provision is outside that competence [of the Scottish Parliament] so far as any of the following paragraphs apply—
(a)it would form part of the law of a country or territory other than Scotland, or confer or remove functions exercisable otherwise than in or as regards Scotland
The EU most assuredly is such a country or territory, as the Betters in the governance of that entity repeatedly tell us, and so any objection to departing by the Scottish Parliament, forming a part of that country or territory as it would, would be outside that competence.
Great Britain's referendum binds Great Britain, to the extent that it binds the British Parliament--to which Scotland sends its MPs.
Votes not counting in a fake pseudo democracy isn't anything new. What would be new is if the votes actually counted. It is to be expected that the British elites won't allow it to be counted, of course. That's why Brexit was surprising.
So, let me see if I've got the right of this- -Scotland voted against independence because they want their wagon hitched to Great Britain's horse (dependent welfare state that modern Scotland is) . -Great Britain voted to leave the E.U. because it didn't like where the E.U. was leading their horse. -Scotland now having voted in a fair majority to stay with the E.U. can't stay as it's wagon was hitched to G.B.'s and so has to go where G.B.'s horse goes. -Had Scotland voted in favor of independence, they'd be free to attach themselves to the E.U. today.
Now, you'd think in retrospect, they'd learn something about the perils of hitching your wagon to someone else's horse, but apparently not. Oh well.
Scotland's Parliament says their consent is required for an Article 50 claim. Scotland voted a supermajority for Remain. Of course, the main UK Parliament may not let Scotland veto this -- but then again, they might.
ReplyDeleteIt's going to be an interesting little while.
That is an interesting blog. He's got several other posts on the topic as well, and though I disagree with him, he makes his points well.
ReplyDeleteI was happy with the Brexit vote, and still am, but it's too bad it was non-binding.
Scotland's Parliament can assert whatever they wish; it doesn't make it so. What Sir David said regarding his cite of Section 29 is consistent with Great Britain leaving the EU and taking Scotland with it IAW the population's vote. The departure is not incompatible with EU law, and so the Scottish Parliament's view is irrelevant.
ReplyDeleteWhat section 29 actually says in pertinent part is this:
(2)A provision is outside that competence [of the Scottish Parliament] so far as any of the following paragraphs apply—
(a)it would form part of the law of a country or territory other than Scotland, or confer or remove functions exercisable otherwise than in or as regards Scotland
The EU most assuredly is such a country or territory, as the Betters in the governance of that entity repeatedly tell us, and so any objection to departing by the Scottish Parliament, forming a part of that country or territory as it would, would be outside that competence.
Great Britain's referendum binds Great Britain, to the extent that it binds the British Parliament--to which Scotland sends its MPs.
Eric Hines
Votes not counting in a fake pseudo democracy isn't anything new. What would be new is if the votes actually counted. It is to be expected that the British elites won't allow it to be counted, of course. That's why Brexit was surprising.
ReplyDeleteSo, let me see if I've got the right of this-
ReplyDelete-Scotland voted against independence because they want their wagon hitched to Great Britain's horse (dependent welfare state that modern Scotland is) .
-Great Britain voted to leave the E.U. because it didn't like where the E.U. was leading their horse.
-Scotland now having voted in a fair majority to stay with the E.U. can't stay as it's wagon was hitched to G.B.'s and so has to go where G.B.'s horse goes.
-Had Scotland voted in favor of independence, they'd be free to attach themselves to the E.U. today.
Now, you'd think in retrospect, they'd learn something about the perils of hitching your wagon to someone else's horse, but apparently not. Oh well.