NOT A MAN FOR ALL SEASONS; Former First Minister Henry McLeish says ‘Scotland needs to bypass UK on Brexit’ to get a Scottish only extension, the EU can’t grant a Scottish only extension because they can only legally deal with the UK Government, and Boris Johnson will not countenance playing the SNP game, 31st December 2020 should finally see an end to nationalist delusion on the EU once the transition period ends

Dear All

Do you know what a contract is?

There are many types of contracts in law, but the one I want to blog on is the contract between the Common Market which evolved into EU and the UK signed in 1973.

In the UK, the contract is not held by parliament but by the UK government which when we signed was run by PM Ted Heath. You would think that concept is pretty straightforward to understand, but to be even clearer; the contract is not held by the devolved administrations which never existed when we signed up for membership. The devolved administration don’t have a platform in law, or legal standing in their own right regarding matters which are the sole jurisdiction of the UK government as it relates to EU membership. This is clearly set out in the Acts that set these bodies up.

Reserved matters mean exactly that in law…… reserved!

Former Labour first minister Henry McLeish is an independence agitator, his career as FM ended very quickly and very badly. Since he left politics, you would think he was a card carrying member of the SNP as he spouts his independence drivel. At present, he has come up with a piece of nonsense which makes you grateful that his tenure as FM was cut short. He is calling on Nicola Sturgeon to make a direct request to the European Union for a Scottish-only extension. As the Brexit talks flounder due to bad will on the EU side and the risk of no deal Brexit gain traction, McLeish thinks a Scottish-only extension will protect Scotland. There are several issues why this isn’t possible, the first is that the Scottish Government doesn’t hold a contract with the EU, and second, the EU cannot interfere with the domestic politics of member states.

Given those two simple facts, there is no basis, legal or otherwise that allows Nicola Sturgeon to get a Scottish-only extension. And to hammer home another hard fact, the Prime Minister Boris Johnson has said clearly, he will not be seeking an extension if no deal is reached before the end of the year. Under the current Brexit implementation period, we have six months left; this means the UK remains in the European single market and customs union, allowing free movement of goods, services and people. After that period of time runs out, we should be completely sovereign, and I think that it is obvious why the EU has said it would accept a further extension.

They want another two years of British taxpayer money to shore up faltering EU economies which have been badly affected by the coronavirus.

In truth the EU never really prepared for a British exit, no restructuring of their operations, they thought they would keep milking us for cash and being tied to their rules. They want to drag this out as long as possible since their Plan A failed. Plan B is change of government in the UK, and then present the British people with a bad deal or remain under the former conditions. If you remember what happened in Ireland, the people were betrayed by the politicians after they voted against the EU.

December 31^st 2020 should be the real Brexit day celebration.

At present, the Remainers in the UK are hyping up the fear level, saying that a No-deal means high trade levies on imports and exports. This they argue will potentially pushing up consumer costs, guess what, we can claw back the money by charging the EU countries for our goods and services; we can also cut them out and buy goods and services outside the EU. The EU needs our money badly, and without that, their quality of life goes down. Europe is awash with cash from Britain, that money comes from big business right down to the ordinary Brit who spends, spends, spends while on their holidays.

McLeish said:

“We can’t hang around and wait for the triple challenge to Scotland of a health pandemic, an economic recession and a No-deal Brexit. Nicola Sturgeon could ask for a Scotland-only extension. She could say ‘as First Minister, I am making direct representations to Brussels for Scotland to be exempt from leaving on January 1’ – acknowledging she is only speaking for Scotland – and pointing out Scotland voted to remain. She could be showing the rest of the United Kingdom we are sufficiently concerned about Scotland, that she is making a direct approach. This is beyond UK politics, its beyond UK left or right. This is about the survival of an economy and society which does not need the menace of a [No-deal] Brexit looming.”

So, what did he say there?

He said nothing!

Under the Withdrawal Agreement, it is up to the UK Government to seek an extension for the whole of the UK. A point also worth noting is that there is no goodwill between the UK Govt and SNP Govt. Those bridges went up in flames long before Brexit was even a white paper by the pettiness and nastiness of the SNP.

No UK PM or UK Minister is going to request a Scottish only extension.

McLeish added:

“There are going to be incredible consequences and challenges ahead from the pandemic. We need time as nations and as the United Kingdom to move forward, deal with the issues and then have a long, hard look at what might be a very different future. In that context, I think it is serious enough for the Scottish Government, who lack legal powers in this area, to be speaking to the negotiators in Brussels, to be speaking to the European Parliament, to be speaking to the Commission to make it clear that is about delaying exit, nothing more. The United Kingdom can’t handle, in my judgement, a health emergency, an economic recession with possibly worse to come, and exiting from the European Union.”

Due to the level of incompetence in Scottish politics, you might that this revelation would carry some weight, but in the halls of Westminster, the art of walking, talking and chewing gum has been mastered. In political terms, Westminster is the seat of learning and Holyrood is the pre-school nursery. The fact that the Remainers want an extension to December 2022 is a red herring; they are trying to get to their midterm objective which is an election, in an attempt to oust the Conservatives. The ultimate goal is to rob and invalid the democratic vote of the 2016 EU referendum made by the people.

The SNP haven’t grasped four years down the line, that their plan to bypass the EU membership rules if ever they where to win a Scottish Independence referendum is dead. For their ill-planned scheme to work, the UK has to stay in the EU, and then they think they can simply transfer across, which is not legal. The stupidity of the idea is incredible to try and wrap your head around, it calls for the EU rules to be legally abandoned, it calls for EU member states to be denied their right of veto, which will never be allowed, and it calls for the suspension of belief that the UK will go along with whatever the SNP wants. Think of the SNP plan in much the same way as a square wheel.

Finally, this crass argument by Henry McLeish isn’t new, it isn’t legally, it isn’t valid, and it isn’t workable, it requires other people to agree to something they don’t want and is not in their national interests. Henry McLeish can keep flogging his dead horse, but no amount of flogging will generate life. As I mentioned before countless times on the blog, the EU can have nothing to do with the SNP Government in Holyrood. This is because it leaves them open to the charge of political interference in a member state. When the UK finally finishes with the EU on 31^st December 2020, so should Scotland despite all the stupid concessions the SNP gives to EU citizens and Students. You might ask, who pays for this SNP Govt generosity, Scots, hit both ways, in their pay packets and by a lack of opportunities, especially in things like education. Where was Henry McLeish when it came to standing up for them, where is the wisdom of Sir Thomas More?

Yours sincerely

George Laird

The Campaign for Human Rights at Glasgow University