Dear All
If you are going to fight a war, you should always make sure
that you are in the right, and have the necessary resources, pre-plan and have
experienced people to carry it through.
SNP leader Nicola Sturgeon has entered a pointless fight
with the UK
government which has led them to challenge her “devolved” Brexit legislation.
The matter has been referred to the UK Supreme Court, so what are the chances
of success for the SNP Government?
I would say, looking at their previous track record, the
chances look from remote to nil on this occasion, for me there are two issues
which will see the SNP lose.
1/ Until we leave the EU, all relevant sections of power
remain reserved to Westminster .
2/ The SNP Government cannot circumvent powers returned to
the UK from Brussels
without them first passing through Westminster .
Either one of these issues in my opinion should see the SNP
lose.
It is entirely right and proper that the UK Government should
challenge Brexit legislation passed by the Scottish and Welsh devolved
administrations. The Bills passed in the Scottish Parliament and
Welsh Assembly last month was nothing more than a stupid act.
An attempt to erode democracy and the processes of democracy
which is why the matter has to go to the UK Supreme Court to get fixed, these
Bills aren’t competent and should be struck down. The decision to proceed with
legal action was taken by the Attorney General and the Advocate General for Scotland ,
the government's senior law officers.
The SNP have opened a can of worms which they didn’t need to
open, and now it is coming back on them.
The UK Supreme Court is being asked to rule on whether the
legislation is constitutional and within the powers of the devolved
legislatures, as I have said, it isn’t competent
.
Attorney General Jeremy Wright QC MP said:
“This legislation risks creating serious legal uncertainty
for individuals and businesses as we leave the EU. This reference is a
protective measure which we are taking in the public interest. The Government
very much hopes this issue will be resolved without the need to continue with
this litigation.”
SNP Ministers in Edinburgh have repeatedly branded the
UK Government's EU Withdrawal Bill a "power grab" which threatens
devolution, it isn’t, the phrase ‘power grab’ may seem rather catchy but in
reality, it isn’t a serious basis to justify what they have done.
This is in part party politics, and not even smart party
politics at that being played out in the UK Supreme Court.
The Scottish Parliament's Presiding Officer Ken Macintosh has
previously ruled the Scottish EU Continuity Bill is outside Holyrood's
competence but that apparently didn’t matter to SNP ministers who simply said
they are confident it is not. Given there are so many lawyers who are SNP
Ministers, you have to wonder about the extent of their legal expertise which
appears to limited.
Advocate General for Scotland Lord Keen said:
“By referring the Scottish Parliament’s Continuity Bill to
the Supreme Court, we are seeking legal certainty as to its competence. Given
the Presiding Officer’s view at introduction that the Bill was not within the
legal scope of the Parliament, we believe it is important to ask the Court to
provide absolute clarity. In doing so we are following the process set out in
the Scotland Act 1998. Particularly in the run up to Brexit, it is vital that
we avoid legal uncertainty in our statute book.”
This case is Nicola Sturgeon’s mini Waterloo , like Napoleon, her ego has got the
better of her, now she will be publicly held up for what she is once again, an
utterly useless politician.
Sacked SNP Minister Mike Russell who failed at being
Education, now minister for UK Negotiations on Scotland ’s Place in Europe Michael
Russell reiterated that Scottish Ministers are satisfied that the Continuity
Bill is within the legislative competence of the Scottish Parliament.
Sacked SNP Minister Mike Russell isn’t clever, far from it,
even a first year law student could drive a truck through this nonsense.
Russell said:
“The Continuity Bill was passed by 95 votes to 32 in the
Scottish Parliament; that is an overwhelming majority. Scottish Ministers are
satisfied that the Bill is within legislative competence”.
You have to laugh, 95 sheep passed a Bill, and in his mind,
that makes it okay, you couldn’t make it up, and regardless of the number, that
doesn’t make the Bill legal.
Russell added:
“The Lord Advocate will be arguing in the Supreme Court that
it is within the powers of the Scottish Parliament to prepare for the
consequences for devolved matters of UK withdrawal from the European Union. Our
Continuity Bill is an important and necessary piece of legislation to prepare Scotland ’s laws
for Brexit while protecting the powers of the Scottish Parliament that people
voted for. The Scottish Government has made clear it cannot recommend the
Scottish Parliament consent to the Withdrawal Bill in its current form”.
So, Russell spells it out, the incompetent legislation is
all about an attempt to stop the people of the UK who exercised their democratic
right to leave the EU.
Russell also said:
“Alongside the Welsh Government, we have always said our
preference would be to reach an agreement with the UK Government to amend the
EU Withdrawal Bill to respect the powers of the devolved administrations and
both Governments are ready to continue meaningful talks to further
discuss potential solutions. While the Scottish Government is not opposed to
UK-wide frameworks in certain areas when these are in Scotland ’s
interests, this must only happen with the agreement of the Scottish Parliament.”
The issue is clear cut, the UK Supreme Court will and should
strike down both the Holyrood and Welsh Assembly Bills, this case isn’t one of
the great legal cases but what it does do is reign in the power of Holyrood and
the Welsh Assembly. There is a case for looking at devolution so that it can be
improved so that it works better with Westminster .
In order to get that process working, we first have to
remove the SNP as the Government of Scotland, in this way we can have reform,
and we can start to have a parliament that works for all Scots, something which
isn’t happening at present. The machinery of government has been abused, skewered
to become an independence campaign machine; it doesn’t function as it should.
Finally, when Nicola Sturgeon gets defeated in the UK
Supreme Court, this will be one case which down the line she will regret, it is
a marker on the road to her exiting the post of First Minister, not be choice
but by being removed by the people.
Yours sincerely
George Laird
The Campaign for Human Rights at Glasgow University
2 comments:
It could be Waterloo, or it could be more like the episode when he was attacked by rabbits.
These idiots think that getting knocked back by the supreme court will boost support for 'indy'. There are a few problems with that:
1) These are judges, not politicians.
2) They are amongst the most learned legal minds in the land.
3) The court includes Scottish justices, who will likely rule in favour of the UK government.
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