The Referendum on Separation for Scotland, Session 2012-13

Vol. 2: Oral and Written Evidence

Author: Great Britain: Parliament: House of Commons: Scottish Affairs Committee

Publisher: The Stationery Office

ISBN: 9780215052551

Category: Political Science

Page: 321

View: 356

For related report, see HCP 542 (ISBN 9780215047489)

The Referendum on Separation for Scotland

Making the Process Legal, Second Report of Session 2012-13, Report, Together with Formal Minutes

Author: Great Britain: Parliament: House of Commons: Scottish Affairs Committee

Publisher: The Stationery Office

ISBN: 9780215047489

Category: Education

Page: 54

View: 2409

Scotland can only separate from the UK if the Scottish people make that decision in a referendum. The Committee says any such referendum must have an unchallengeable legal and moral basis, to avoid delays and challenges to the legitimacy of the process and its result. The Scottish Parliament can legislate only on devolved matters, and the Union between Scotland and England is a reserved matter. The Scottish Government has argued that Holyrood is legally competent to set up a referendum but the Committee can find no evidence for this and the Scottish Government has provided no legal justification for this view. Any attempt to conduct a referendum on a dubious legal basis would inevitably be challenged in the courts and could take years to be resolved. No-one should be allowed to use legal wrangles to put off a referendum even longer than is currently planned. The Committee says the best way to ensure a sound legal basis for the referendum is for the UK and Scottish Governments and Parliaments to agree the specific detail of an order under section 30 of the Scotland Act 1998 to give the Scottish Parliament power to conduct a referendum. The Committee further believes that any Section 30 order proposed by the Government should be subject to pre-legislative scrutiny by the Scottish Affairs Committee and to approval by all of Scotland's MPs before being proceeded with. However, this should not be used to allow those who anticipate being defeated to stall or derail the process

House of Commons - Scottish Affairs Committee: The Referendum on Separation for Scotland: The Need for Truth - HC 828

The Need for Truth, Second Report of Session 2013-14, Report, Together with Formal Minutes

Author: Great Britain: Parliament: House of Commons: Scottish Affairs Committee

Publisher: The Stationery Office

ISBN: 9780215064554

Category: Political Science

Page: 31

View: 301

In a report published ahead of the expected White Paper on Separation, the Scottish Affairs Committee says that the Scottish Government must meet high standards of accuracy and openness and avoid any risk of using public money to promote a party political agenda. Any document that is produced as a Government White Paper must meet the highest standards of accuracy and clarity, and must be totally honest about the risks, alternative possible scenarios and costs involved in Separation. The Committee is concerned that the Scottish Government has shown a propensity to mislead Scottish voters on the likely outcome of some of the negotiations that would be needed for the final Separation agreement - as well as the timescale on which this could be achieved. Many important questions - like EU membership or the currency - have to be negotiated with the UK Government and others, and the White Paper cannot simply claim that the SNP will get whatever they want. It must lay out all the alternative scenarios that might actually emerge from these negotiations - and their consequences. Particular uncertainties highlighted by the Committee include membership of the EU, currency, and benefits, public services, taxation and pensions.

House of Commons - Scottish Affairs Committee: The Referendum on Separation for Scotland: A Defence Force For Scotland - A Conspiracy Of Optimism - HC 842

A Defence Force for Scotland - a Conspiracy of Optimism?, Third Report of Session 2013-14, Report, Together with Formal Minutes

Author: Great Britain: Parliament: House of Commons: Scottish Affairs Committee

Publisher: The Stationery Office

ISBN: 9780215064615

Category: Political Science

Page: 71

View: 5841

The Scottish Government's White Paper must make absolutely clear the details of both its foreign and defence policies. Much of what has been suggested up to now suffers from a conspiracy of optimism. The most explicit pledges made to date include: that the whole cost of security and defence will be no more than £2.5 billion, that personnel in the armed services will total 15,000 full time and 5,000 reserve personnel, and that the defence force will include "current Scottish raised and restored UK regiments". Will we then have a defence force which is army heavy? An army which is infantry heavy? Or will historic regiments be redesignated as platoons, reserves or non-infantry units? If Faslane is to be kept at its existing workforce, how will people be retrained? What costs will be inccurred in the transition to the new Scottish Defence Force? What are the implications for procurement whether or not Scotland gets the assets it wants? Hanging over all of this is the future of Trident. Will a separate Scotland impose unilateral nuclear disarmament on the UK? Furthermore, membership for Scotland of NATO will require not only the unanimous agreement of all the existing NATO members, but also the resolution of any disputes with the UK. The Scottish Government must spell out what wages and conditions it would propose to offer to compensate those who would leave behind participation in world class armed services. The people of Scotland are entitled to expect that those who propose drastic change can explain what the consequences would be.

The Agreement on a Referendum on Independence for Scotland

7th Report of Session 2012-13, Report

Author: Great Britain: Parliament: House of Lords: Select Committee on the Constitution,Stationery Office (U.k.)

Publisher: The Stationery Office

ISBN: 9780108476266

Category: Law

Page: 16

View: 5642

This report finds that serious questions remain unanswered about the Agreement reached between the UK and Scottish Governments on the holding of a referendum on Scottish independence. The Agreement provides for power to hold a referendum on Scottish independence to be devolved to the Scottish Parliament. It proposes that this be done through a ministerial order under section 30 of the Scotland Act 1998; such a process would not require an Act of Parliament, and so limits the ability of MPs and peers to control the terms of the referendum. The Committee finds that neither the UK nor the Scottish Parliaments were given the opportunity to contribute directly to the Agreement negotiations. It questions whether a section 30 order would be robust enough to protect the decision to hold a referendum from legal challenge. Although such a challenge would be unlikely to succeed, it would delay the process and cause confusion. The Committee also finds that there may be legal and practical problems associated with the proposal to allow 16 and 17 year-olds to vote in a referendum. The Committee fears that, if the franchise is lowered, some 16 and 17 year-olds could be denied the right to vote because of inadequate process. The role of the Electoral Commission in important in ensuring that the referendum question is intelligible and neutral. Although the two Governments agreed on the advisory role of the Electoral Commission, the Committee thinks its advice is authoritative and should be followed.

The referendum on separation for Scotland, session 2010-12

oral and written evidence, [2nd November 2011 - 18 April 2012]

Author: Great Britain: Parliament: House of Commons: Scottish Affairs Committee

Publisher: The Stationery Office

ISBN: 9780215044211

Category: Political Science

Page: 233

View: 5353

Remploy Marine Fife

first report of session 2013-14, Vol. 1: Report, together with formal minutes, oral and written evidence

Author: Great Britain: Parliament: House of Commons: Scottish Affairs Committee

Publisher: Stationery Office

ISBN: 9780215059673

Category: Law

Page: 51

View: 6131

Following a review of disability employment support in 2011, the Government announced its intention to reduce and ultimately withdraw funding for Remploy. 36 factories were sold or closed in the first phase of this process. In December 2012, it was revealed that the remaining factories would be put up for sale and the Government invited bids. This included Remploy Marine Fife. Remploy Marine Fife is an internationally recognised business producing 30,000 lifejackets a year. It has a full order book, and some capacity to expand. Its products have an international quality Kitemark. The markup - apparently over £100 - applied by the factories' customer, Ocean Safety, seems exorbitant and is difficult to justify. The Government should look again at how Remploy agreed this contract on such generous terms for the client. This business has considerable potential and should be supported accordingly. This high quality manufacturing base in Fife must be maintained otherwise it is likely that it - and the design and expertise developed here - will be transferred overseas. A "one size fits all" approach does not take account of the unique circumstances and potential of Remploy Marine Fife. One of the central criteria by which bids for the Remploy sites will be judged is sustaining the workforce in employment. The Committee rejects the DWP and Remploy's unyielding, inflexible approach and failure to offer adequate transitional support

Scotland's Choices

Author: Iain McLean

Publisher: Edinburgh University Press

ISBN: 0748696415

Category: Political Science

Page: 256

View: 6797

Scotland's Choices, now fully revised for the critical last few months before the referendum, explains the choice that Scotland will have to make in September 2014. The authors clearly explain the issues and how each of the options would be put into place

Foreign policy considerations for the UK and Scotland in the event of Scotland becoming an independent country

sixth report of session 2012-13, report, together with formal minutes, oral and written evidence

Author: Great Britain: Parliament: House of Commons: Foreign Affairs Committee

Publisher: Stationery Office

ISBN: 9780215057235

Category: Political Science

Page: 180

View: 5848

With just over sixteen months to go before the Scottish referendum there are still significant gaps in the Scottish Government's proposed foreign policy, according to a report published today by the Foreign Affairs Committee. There has not been enough analysis on what sort of overseas diplomatic network and external security and intelligence provision Scotland would have to set up. There needs to be a more realistic assessment of the extent to which Scotland could expect the rest of the UK (RUK) to co-operate with, and support it, on security and intelligence. There is a pressing need for official legal advice on a wide range of international legal issues including EU accession, EU opt-outs and membership of international organisations. The Report says that the overwhelming body of law, evidence, practice and precedent supports the view that the RUK would inherit the vast majority of the UK's international rights and obligations whereas Scotland would start anew internationally if it became independent. Having two co-equal states could lead to a level of legal and political insecurity that would not be tolerated by other states. The report disputes the view that Scotland's journey towards membership of the EU and NATO would be straightforward. It is for the EU itself to determine in accordance with its regulations whether and how Scotland would become a member. Scotland may have to make trade-offs to secure the unanimous support it would need from within the EU.

HC 1291 - Blacklisting in Employment-Update: Incorporating the Government's Response to the Sixth Report of Session 2013-14

Incorporating the Government's Response to the Sixth Report of Session 2013-14, Thirteenth Report of Session 2013-14, Report, Together with Formal Minutes

Author: Great Britain: Parliament: House of Commons: Scottish Affairs Committee

Publisher: The Stationery Office

ISBN: 0215072812

Category: Political Science

Page: 19

View: 2602

This is the third report from the Scottish Affairs Committee on blacklisting in the construction industry in Scotland. The earlier interim reports published as 9th report, session 2012-13 (HC 1071, ISBN 9780215056832) and 6th report, session 2013-14 (HC 543, ISBN 9780215069535). The 9th report focused specifically on the work of The Consulting Association (TCA) and considered the issue of compensation for those workers who had been blacklisted. Significant progress has been made in highlighting and addressing issues relating to blacklisting: the Information Commissioner's Office (ICO) has launched its own investigation; many victims of blacklisting are bringing individual case to the High Court and a new compensation scheme, the Construction Workers Compensation Scheme (TCWCS), for blacklisted workers has been launched by eight of the companies that used the services of TCA. The 6th report aimed to identify ways of moving forward, both by addressing the crimes of the past and by identifying rules and structures to prevent such widespread and systematic exclusion of workers from employment from ever happening again. In this third interim report the Committee welcomes the significant progress which has been made in both revealing the practice of blacklisting, and in seeking redress for the victims, and families of the victims, of this odious practice. The Committee will continue to explore what more could be done to redress the crimes of the past and to ensure that reform in the industry to eradicate this practice is genuine, effective and comprehensive in its effects.

Patterns of Democracy

Government Forms and Performance in Thirty-Six Countries

Author: Arend Lijphart

Publisher: Yale University Press

ISBN: 0300172028

Category: Political Science

Page: 368

View: 2838

In this updated and expanded edition of his classic text, Arend Lijphart offers a broader and deeper analysis of worldwide democratic institutions than ever before. Examining thirty-six democracies during the period from 1945 to 2010, Lijphart arrives at important—and unexpected—conclusions about what type of democracy works best. Praise for the previous edition: "Magnificent. . . . The best-researched book on democracy in the world today."—Malcolm Mackerras, American Review of Politics "I can't think of another scholar as well qualified as Lijphart to write a book of this kind. He has an amazing grasp of the relevant literature, and he's compiled an unmatched collection of data."—Robert A. Dahl, Yale University "This sound comparative research . . . will continue to be a standard in graduate and undergraduate courses in comparative politics."—Choice

Scotland Analysis: Borders and Citizenship - Cm. 8728


Author: Great Britain: Home Office

Publisher: The Stationery Office

ISBN: 9780101872621

Category: Citizenship

Page: 99

View: 2712

In September 2014 Scotland will hold a referendum on independence. This is the tenth paper in the Scotland analysis series and looks at the implications for borders and citizenship. It sets out how the current UK framework benefits the whole of the UK, including Scotland, explores the challenges which an independent Scottish state would face in assuming control of its borders, and considers the difficult choices that the people in Scotland would have to face on issues such as citizenship and nationality. The publication is divided into four chapters: Chapter 1: Why borders matter; Chapter 2: The movement of people; Chapter 3: Movement of goods; Chapter 4: Citizenship and passports.

Referendums and Ethnic Conflict

Author: Matt Qvortrup

Publisher: University of Pennsylvania Press

ISBN: 081220932X

Category: Political Science

Page: 216

View: 8003

Although referendums have been used for centuries to settle ethnonational conflicts, there has yet been no systematic study or generalized theory concerning their effectiveness. Referendums and Ethnic Conflict fills the gap with a comparative and empirical analysis of all the referendums held on ethnic and national issues from the French Revolution to the 2012 referendum on statehood for Puerto Rico. Drawing on political theory and descriptive case studies, Matt Qvortrup creates typologies of referendums that are held to endorse secession, redraw disputed borders, legitimize a policy of homogenization, or otherwise manage ethnic or national differences. He considers the circumstances that compel politicians to resort to direct democracy, such as regime change, and the conditions that might exacerbate a violent response. Qvortrup offers a clear-eyed assessment of the problems raised when conflict resolution is sought through referendum as well as the conditions that are likely to lead to peaceful outcomes. This original political framework will provide a vital resource in the ongoing investigation into how democracy and nationalism may be reconciled.

The Independence of Scotland

Self-government and the Shifting Politics of Union

Author: Michael Keating

Publisher: Oxford University Press

ISBN: 0199545952

Category: History

Page: 214

View: 1165

In a thought-provoking analysis Keating reviews the political, constitutional, and legal issues around Scottish independence and the political economy of independence, surveying the options for a social and economic project for an independent Scotland.

The Referendum Experience

Scotland 1979

Author: John M. Bochel

Publisher: Pergamon Press

ISBN: 9780080257341

Category: Political Science

Page: 210

View: 3121

Journey into Europe

Islam, Immigration, and Identity

Author: Akbar Ahmed

Publisher: Brookings Institution Press

ISBN: 0815727593

Category: Political Science

Page: 592

View: 2405

An unprecedented, richly, detailed, and clear-eyed exploration of Islam in European history and civilization Tensions over Islam were escalating in Europe even before 9/11. Since then, repeated episodes of terrorism together with the refugee crisis have dramatically increased the divide between the majority population and Muslim communities, pushing the debate well beyond concerns over language and female dress. Meanwhile, the parallel rise of right-wing, nationalist political parties throughout the continent, often espousing anti-Muslim rhetoric, has shaken the foundation of the European Union to its very core. Many Europeans see Islam as an alien, even barbaric force that threatens to overwhelm them and their societies. Muslims, by contrast, struggle to find a place in Europe in the face of increasing intolerance. In tandem, anti-Semitism and other forms of discrimination cause many on the continent to feel unwelcome in their European homes. Akbar Ahmed, an internationally renowned Islamic scholar, traveled across Europe over the course of four years with his team of researchers and interviewed Muslims and non-Muslims from all walks of life to investigate questions of Islam, immigration, and identity. They spoke with some of Europe’s most prominent figures, including presidents and prime ministers, archbishops, chief rabbis, grand muftis, heads of right-wing parties, and everyday Europeans from a variety of backgrounds. Their findings reveal a story of the place of Islam in European history and civilization that is more interwoven and complex than the reader might imagine, while exposing both the misunderstandings and the opportunities for Europe and its Muslim communities to improve their relationship. Along with an analysis of what has gone wrong and why, this urgent study, the fourth in a quartet examining relations between the West and the Muslim world, features recommendations for promoting integration and pluralism in the twenty-first century.

Secession from a Member State and Withdrawal from the European Union

Troubled Membership

Author: Carlos Closa

Publisher: Cambridge University Press

ISBN: 1107172195

Category: Law

Page: 294

View: 1716

The first book to jointly analyse withdrawal of a member state from the EU (i.e. Brexit) and territorial secession.

The Road to Unfreedom

Russia, Europe, America

Author: Timothy Snyder

Publisher: Tim Duggan Books

ISBN: 0525574484

Category: Political Science

Page: 368

View: 5262

With the end of the Cold War, the victory of liberal democracy was thought to be absolute. Observers declared the end of history, confident in a peaceful, globalized future. But we now know this to be premature. Authoritarianism first returned in Russia, as Putin developed a political system dedicated solely to the consolidation and exercise of power. In the last six years, it has creeped from east to west as nationalism inflames Europe, abetted by Russian propaganda and cyberwarfare. While countries like Poland and Hungary have made hard turns towards authoritarianism, the electoral upsets of 2016 revealed the citizens of the US and UK in revolt against their countries’ longstanding policies and values. But this threat to the West also presents the opportunity to better understand the pillars of our own political order. In this forceful and unsparing work of contemporary history, Snyder goes beyond the headlines to expose the true nature of the threat to democracy. By showcasing the stark choices before us—between equality or oligarchy, individuality or totality, truth and falsehood—Snyder restores our understanding of the basis of our way of life, offering a way forward in a time of terrible uncertainty.

The Alchemists

Questioning our Faith in Courts as Democracy-Builders

Author: Tom Gerald Daly

Publisher: Cambridge University Press

ISBN: 1108287190

Category: Law

Page: N.A

View: 4693

Can courts really build democracy in a state emerging from authoritarian rule? This book presents a searching critique of the contemporary global model of democracy-building for post-authoritarian states, arguing that it places excessive reliance on courts. Since 1945, both constitutional courts and international human rights courts have been increasingly perceived as alchemists, capable of transmuting the base materials of a nascent democracy into the gold of a functioning democratic system. By charting the development of this model, and critically analysing the evidence and claims for courts as democracy-builders, this book argues that the decades-long trend toward ever greater reliance on courts is based as much on faith as fact, and can often be counter-productive. Offering a sustained corrective to unrealistic perceptions of courts as democracy-builders, the book points the way toward a much needed rethinking of democracy-building models and a re-evaluation of how we employ courts in this role.

The Scottish Political System Since Devolution

From New Politics to the New Scottish Government

Author: Paul Cairney

Publisher: Andrews UK Limited

ISBN: 1845403398

Category: Political Science

Page: 349

View: 5619

This book presents a narrative of Scottish politics since devolution in 1999. It compares eight years of coalition government under Scottish Labour and the Scottish Liberal Democrats with four years of Scottish National Party minority government. It outlines the relative effect of each government on Scottish politics and public policy in various contexts, including: high expectations for ‘new politics’ that were never fully realised; the influence of, and reactions from, the media and public; the role of political parties; the Scottish Government’s relations with the UK Government, EU institutions, local government, quasi-governmental and non-governmental actors; and, the finance available to fund policy initiatives. It then considers how far Scotland has travelled on the road to constitutional change, comparing the original devolved framework with calls for independence or a new devolution settlement. The book draws heavily on information produced since 1999 by the Scottish Devolution Monitoring project (which forms one part of the devolution monitoring project led by the Constitution Unit, UCL) and is supplemented by new research on public policy, minority government, intergovernmental relations and constitutional change.