Thursday, 24 February 2011

The Threat to Scottish Sovereignty

To the MP and MSP Representatives of Dumfries and Galloway Constituency:

I wonder if you are fully aware of the impact of Mr Cameron’s proposed amendments to the 1998 Scotland Bill currently being rushed through Westminster with indecent haste.

These can be summarised as follows:
  • Loss of the sovereign independence of Scots Law which was preserved for all time by the Union Treaty
  • The assumption of Scottish sovereignty by Westminster in spite of the constitutional rights of the people of Scotland as a separate nation state, acknowledged by the Crown in the separate oath of allegiance sworn by the Crown to the people of Scotland  
  •  The ignoring by Westminster that democracy in Scotland has a different constitutional structure in that democracy in Scotland is representative (as in the USA) in its basis and not parliamentary as it is in England. Sovereignty in England lies with Parliament where as in Scotland sovereignty lies with the people - as made clear in the President of the Court of Sessions judgement in the McCormack vs The Lord Advocate in 1953 where he indicates that the assumption by Westminster over matters of Scottish sovereignty is perverse and at odds with the provisions of the Treaty of Union.

That is without any discussion about the ‘tax raising powers’ which are a fig leaf to cover the removal of real power from the Scottish Parliament in a misguided attempt to stop the SNP.

It is a concern to many Tories in Scotland that the actual impact of this bill will be to increase support for the SNP in the long term and bring the break up of the Union ever closer. A case Lord Forsyth , once Thatcher’s Tory Scottish Secretary, has made vociferously. On Newsnet  Scotland– a pro fiscal autonomy and independence on line newspaper - one writer has argued that Cameron’s Bill will turn into Scotland’s ‘Stamp Tax’ and have the same impact on Scotland as it did on England’s American Colonies.  So you have the interesting situation that the solid Union side and the solid Fiscal Autonomy / Independence side are agreeing about this odious bill’s potential impact on Scotland and the UK. The question is; where does this leave Labour in Scotland?

They claim to be Scotland’s only bulwark against the perfidious Tories and yet in Wendy Alexander have an MSP who can not wait to sell Scotland down the river  then run away from her treasonous act while doing Cameron’s bidding with a verve that makes you think:  Vote Labour in Scotland - get London Tories anyway.

I have carefully researched the constitutional issue and I believe that any MSP or Scottish MP that supports these amendments to the Scotland Bill 1998 is acting contrary to the Scottish Constitution, Scots Law and will be indictable under Scots Law for their actions as the Scottish Electorate remains sovereign and our representatives at both Holyrood and Westminster would be betraying that sovereignty which they hold in trust for the people of Scotland, at their own risk. It only takes 100 Scots to raise a petition with regards to loss of sovereignty and I believe the Court of Session will have to act.

I remind you of Winnie Ewing’s words at the formal opening of the Scottish Parliament:

‘The sitting of the Scottish Parliament suspended in March 1707 has now been reconvened’

That means the MSP’s and Holyrood are representatives of Scottish sovereignty, no matter what the Scotland Bill 1998 claims for Westminster, and it is my purpose to ensure that the MSP’s who hold my sovereignty in trust do everything to protect my sovereign rights as a Scottish voter to those ‘rights, freedoms and liberties we hold dear’.

Yours faithfully,

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