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 31st 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 31st 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 
2 comments:
To think George.... this eejit used to be our first minister so it seems a bit strange he doesnt seem to know that the constitution is not devolved . You would have thought he'd have read the scotland act 1999 but obviously not .
It does make me wonder why he would come out with a statement that is so legally wrong and against the wishes of the voters after a democratic vote ....... One thing is for sure.... the FREEDUMB brigade will lap it up.
Even at this late stage they're still clutching at straws. I reckon Johnson should rip Sturgeon and the SNP a new one if he has any sense.
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