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The Results of the UK's European Members Election 2019.
#39
Just out of curiosity, I typed into the bent web-engine Google: 'Does Scotland need permission to leave the UK?'
and of course the first-up, was Wikipedia.

You get the usual bumph regarding the EU Referendum and the surrounding arguments about the majority of Scotland
wishing to remain in the European Union as a country. It also explains:


Quote:"There has since been debate about whether there should be a second Scottish independence referendum,
or if it is possible for Scotland to maintain links with the EU after the UK leaves.

On 16 March 2017, Prime Minister Theresa May stated that "now is not the time" to discuss another referendum,
because the focus should be on "working together, not pulling apart" for Brexit negotiations.

That month, Nicola Sturgeon, the First Minister of Scotland and leader of the SNP, obtained Scottish Parliament
approval to request a Section 30 order enabling a second independence referendum, to take place between late
2018 and early 2019, "when the shape of the UK's Brexit deal will become clear"; she sent the formal request to
the UK Government at the end of March.
To date, there has been no formal response from the UK Government."

After further reading, I saw this:

Quote:"The Scottish European and External Affairs Committee held an evidence session on 30 June 2016, asking a panel
of four experts (Dr Kirsty Hughes of Friends of Europe, Prof Sionaidh Douglas-Scott of the Queen Mary School of Law
at the University of London, Sir David Edward and Prof Drew Scott of the University of Edinburgh) what they felt was the
best way to secure the Scottish-EU relationship.

Hughes stated that "the simplest and most obvious way would be to be an independent state and transition in and stay
in the EU", Douglas-Scott said that "Legally there are precedents. ... But there were also political difficulties", referring to
Catalonia in member state Spain.

Edward believed "Scotland makes quite a good fit with Iceland and Norway", referring to the European Economic Area
and the European Free Trade Association, while Scott hinted that Scotland could be a successor state, meaning the rest
of the UK would leave but Scotland would retain its seat."


Well that helped! Opinions from scholars are fine, but I wanted the answer to my original question.

So noticing the expression 'Section 30', I looked the HeraldScottish.com website to provide an answer.
The mainstream media may be biased, but in this case, a Scottish leaning would surely explain why the Scottish Parliament
can't just wave goodbye to those on the other side of Hadrian's Wall.
Politically, of course!

24th April -presumably from 2019.

Quote:Section 30: What is it, how does it work and can Scotland hold another referendum without it?

[Image: attachment.php?aid=5863]
(Even the image in the article seems to imply a 'pretty-please' approach!)

'It looks as though a second independence referendum for Scotland is on the horizon, with the First Minister
expected to set out plans in her announcement today.

But how will Nicola Sturgeon call on Westminster to give Holyrood the power to do so? She's expected to seek a Order in Council
under Section 30 of the Scotland Act 1998, so that the Scottish Parliament can hold another referendum.
But what does this mean?

What is the Scotland Act 1998?
The Scotland Act 1998 allowed for a Scottish government of ministers and a Scottish Parliament to come into force.
It doesn't specifiy which powers/matters are devolved to the Scottish Parliament, but instead sheds light on those which are
reserved to the UK Parliament. Anything not reserved by the Scotland Act are devolved to the Scottish Parliament.
What does this have to do with independence?

As outlined above, the Act outlines matters which the Scottish Parliament does not have control over -and this includes the 'Union of
Scotland and England'. This means the Scottish Parliament can't actually hold a second referendum without asking for permission to
take over this power under the act's terms.
This can be done by changing Schedule 5 through Section 30 of the act.

What is Section 30?
In the Scotland Act 1998, Section 30 reads: “Her majesty may by Order in Council make any modifications of Schedule 4 or 5 which
She considers necessary or expedient.” So really, it grants the opportunity to change Schedule 5 and allow for indyref2.

Has this ever been done before?
Yes - remember that referendum in 2014? That had to go through the exact same process. Back then, this was the outcome: 

"On 15 October 2012 the UK and Scottish Governments signed an Agreement on a Referendum on Independence for Scotland.
Attached to the Agreement is a draft Order in Council which, under the terms of section 30 of the Scotland Act 1998, will devolve
to the Scottish Parliament the competence to legislate for a referendum to be held before the end of 2014 on whether Scotland
should become independent of the rest of the United Kingdom."

What does Theresa May say about it?...

Who cares?!

Quote:'Why now?
It's been in the works for a long time. Nicola Sturgeon asked permission of the Scottish Government back in 2017 because of Brexit,
to ask the PM for an agreement to hold another referendum. It was accepted by 69 votes to 59, and the First Minister then wrote to
Mrs May.

She wrote: "The decision of the Scottish Parliament has been made in line with the tradition
of popular sovereignty in Scotland - that the people of Scotland should be able to determine
the form of government most suited to their needs - and with the clear commitment in the
manifesto on which my government was re-elected last May."

Is a second independence referendum in the SNP manifesto?
Yes - the 2016 SNP manifesto is pretty clear in its party's intentions to hold another independence referendum, but only on certain
conditions. They promised to give another vote if there is 'clear and sustained evidence' that independence has become a preferred
option of a majority of the Scottish people. But that's not the only grounds upon which a second vote can be held.

They also said that they'll call for indyref2 if there is a 'significant and material change' in the circumstances of 2014 - specifically, if
Scotland is taken out of the EU against its will. And in light of the 2016 result where 62% of Scottish voted to remain, it seems like
that is the case.'...'
SOURCE:

It's difficult to get a definitive answer regarding a country leaving the United Kingdom on ones own volition and the above article seems to
hint that the monarchy are the ones who have the last word. I dunno, I just don't know.

Don't get me wrong, I would like to see Scotland freed from the London's dog-leash it has over Scotland, but finding out why it hasn't
happened yet -if the whole of Scotland feel this way, is difficult. Damned MSM, they design their own questions to avoid giving answers
that would open a can of worms.


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RE: The Results of the UK's European Members Election 2019. - by BIAD - 06-02-2019, 09:51 AM

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