The UK’s Supreme Court, has ruled on the legal status of Scottish, that the Scottish Parliament does not have legal standing to demand the right to veto the EU Withdrawal Act.
The judgement specifically states that the Scottish Bill contravenes both the t he original devolution settlement, The Scotland Act, and the Tory/DUP government’s recent European Union (Withdrawal) Act, which withdrew some devolved powers from the Scottish Parliament and returned them to Westminster. The Tory/DUP European Union (Withdrawal) Act Schedule 4 specified that it overruled the Scotland Act devolution settlement.
They can take our lives, but they’ll never take our deep fried Mars Bars (Picture: still from Braveheart – Wikimedia Commons)
You can read the full judgement, but the significant parts are paragraphss 47 to 65, which state clearly that neither the Scotland Act nor the Sewell Convention in any way limits the power of the UK Parliament to legislate for Scotland, even in devolved areas, without any need for consent from Scottish ministers or parliament. The justices specifically explain that London ministers have complete power under the Scotland Act, without needing consent from the Scottish Parliament or further endorsement from the Westminster parliament, to impose secondary legislation on Scotland.
The Supreme Court said in its press release for the media:
What is the effect of the UK Withdrawal Act on the legislative competence of the Scottish Parliament in relation to the Scottish Bill? The UK Withdrawal Act is not a reserved matter but it is protected against modification under Schedule 4 . Several provisions of the Scottish Bill in whole or in part amount to modifications of the UK Withdrawal Act. These are: section 2(2) ; section 5 ; section 7(2)(b) and 7(3) [103-104]; section 8(2) ; section 9A ; section 9B ; section 10(2), 10(3)(a) and 10(4)(a) [108-110]; section 11 [111-113]; section 13B, section 14, section 14A, section 15, section 16, section 19(1) and section 22 (to the extent that these provisions relate to section 11) [114-118, 120-121]; section 26A(6) ; and section 33 and Schedule 1 paragraphs 11(a) and 16 [123-124].
The judgement reaffirms Scotland’s colonial status and the London view that the Scotland Act did not recognise any inherent Scottish rights, but rather graciously handed down from above some powers that London may change at a whim, exactly as though Scotland were an English County Council. All of which was addressed in the independence referendum of 2014, when Scottish voters heard all the philosophical arguments for full independence, weighed these against the extent to which Scotland’s economy is dependent on England, and decisively rejected independence.
Taking all this into account, the part of the judgement which states that it was not in itself outside the remit of the Scottish Parliament to pass a bill which relates solely to the domestic effects of EU withdrawal, that is utterly irrelevant in the wider scheme of things.
Incidentally it is worth noting that all the hysterical lefties currently running round screeching Trump said he’s a nationalist, that means he’s a Nazi because Hitler was a National Socialist, Gertmany’s ‘far right’ AfD are Nazis because Hitler etc.,” or “Italy’s ‘far right’ Lega are Nazis because …” and Sweden’s ‘far right’ Sweden Democrats blah blah, because nationalism is evil.” have never uttred a word against the far left neo-stalinists of The Scottish Nationalist Party. Just thought I’d mention that because recently I’d had some very amusing exchanges with liberals and lefties for pointing out that if you say all Nationalism is evil because Trump and Hitler are nationalists, then you are saying Gandhi and the Dalai Lama are evil because they are also nationalists.
Liberals and lefties don’t have very good literacy skills because they unanimously say, “But you can’t compare Gandhi to Hitler …”
I’m not comparing of course, I’m contrasting, in the hope (a forlorn hope in the case of brainwashed liberals and lefties perhaps, that readers who do not already understand that nationalism is not specifically about invading Poland or exerminating ethic minorities. Nationalist, like liberal, can only ever be loosely defined.
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