It seems to be more likely that Scotland will leave the EU if we don't vote for Independence, if the folk of England vote to quit the EU in 2017 (or whenever that referendum will be) and we have not chosen to separate.
We all have our despised politicians, for me it's the whole tory cabinet but more specifically Eric Pickles an odious and despicable man. I remember him from when he ran Bradford and he was all that was bad about Thatcherism. You couldn't caricature him he is a walking talking caricature. Salmond on the other hand is the very model of reasonableness when compared to Pickles even if he does want to destroy the union.I did, and it seems we came to different conclusions.
I thoroughly dislike A.S.by the way, but not because of that article.
In the UK we have a concept called "supremacy of parliament" (or parliamentary supremacy, if you prefer) which means that the legislative body is supreme to all other institutions, including the courts. The reason that EU law can conflict with (and potentially overrule) UK law is due to an Act of the UK parliament saying that it can (the European Communities Act of 1972), although the debate still rages in legal circles. If you're interested in this stuff, put "Factortame" into your search engine of choice and read (you'll be reading for hours!)I do think that a Human Rights law is necessary, but unfortunately it's abused and has many faults as we constantly see. A good example of the problems from having poor/non existent Human Rights Laws is America, but I feel that it's wrong that Brussels can supersede our own legal system. It should be more of a case that the EU provide guidelines for our laws.
Mark Demesmaeker said:We live in exciting times. In several European countries, citizens, movements and political parties are acting for self-determination, be it autonomy or independence. In essence, the right for self-determination means that a nation can decide its own future.
The developments in Scotland, Catalonia, the Basque country, Flanders and other stateless nations are natural processes. The exercise of the right for self-determination can lead to different results; from reform within a state to the creation of new states. Europe can play a very valuable role here, but deliberately chooses not to do so. The attitude of European institutions and their leaders in particular, is highly disappointing. European commission president José Manuel Barroso, council president Herman Van Rompuy and others are doing everything to thwart the democratic processes in Catalonia and Scotland. They propagate fear and anxiety to assert that there is no place for new states from within the EU.
The simple question then is this: how can nations that have been part of the EU for decades suddenly fall outside the EU because their people opt for what they think is best for them? How can their citizens all of a sudden be stripped of their European citizenship? To these questions, Barroso and Van Rompuy have given me no legal answer at all, despite having asked them on several occasions to provide one. For the sake of stability, they propagate nonsense.
The EU is based on the principles of democracy and freedom, and therefore can no longer ignore these peaceful developments. To decide otherwise would undermine the credibility of the millions of citizens who choose self-determination, democracy and European commitment.
It is very complex, but the reason that the UK courts recognise EU law is that UK law says that they must. The UK parliament remains supreme as the source of UK law as it has the ability to repeal the European Communities Act, which gives effect to EU law in the UK in the absence of specific legislation or statutory instrument.I was under the impression that EU Law doesn't recognise the supremacy of parliament concept and as the UK Courts recognise the supremacy of EU Law doesn't this create a very complex state of play?
Regarding Human Rights, I know we have our own Human Rights Act, but isn't it the EU convention on this which is causing problems which in turn brings us back to the problem of our courts recognising the supremacy of EU law? lol
Gadgeteer - firstly you're making assumptions that Scotland would not simply continue as a member state when there's a very real possibility that we would, but, supposing we had to re-apply - here's what a Belgian MEP Mark Demesmaeker has to say about that. Support for Scotland is high in Europe despite what some inconsequential bureaucrats may say.
Why not? You assume that rUK will go "Sure....use our currency, no conditions attached until you decide you don't want to. Even though you've just voted to leave us".Again re Sterling, the rUK government is NOT going to cut off it's nose to spite us since a currency union would be the safest bet for both at least to begin with.
Supposing you're right though, Why should the Scottish government not be lender of last resort for the banks? if those banks are regulated properly there's no reason why that could not be done. Iceland is a case in point for poor regulation but even there they are not exactly bankrupt.
It is very complex, but the reason that the UK courts recognise EU law is that UK law says that they must. The UK parliament remains supreme as the source of UK law as it has the ability to repeal the European Communities Act, which gives effect to EU law in the UK in the absence of specific legislation or statutory instrument.
The HRA brings into UK statute the European Convention of Human Rights, which allows appeal cases bought under said convention to be heard in UK courts. We were already signatories to his convention and prior to this, if an appeal in a case raised a conflict between UK law and our convention obligations, it necessarily got bounced straight to the European Court of Human Rights in Strasbourg with attendant costs and delays as there was no UK statute under which the appeal could be argued. So, the HRA allows appeals to be heard in our senior courts which should speed the process along and reduce costs, although following a hearing in our Supreme Court (formerly the Law Lords) the possibility of appeal to Strasbourg still exists.
Nothing to do with EU law. The ECHR is a treaty for members of the Council of Europe (CoE), not members of the EU.
I think it's pretty much accepted by everyone, even Salmond that Scotland will need to reapply. That's why i said let's park the temporary membership issue. You quote some Belgian MEP I've never heard of but have you heard what Jose Manuel Barroso (EC President) said? He says it would be "extremely difficult, if not impossible" for Scotland to join the EU. I don't think he could have been any clearer really. Again, this was dismissed by Salmond & co as they dismiss every piece of news that they don't want to hear. Is he some inconsequential bureaucrat too?
What you think is pretty much accepted is neither here nor there, it's not accepted at all because so far the European parliament has refused to answer questions on the subject. No reason why you should have heard of Mark Demesmaeker, I hadn't either until he made that statement. You mention JM Barroso, he's one of those inconsequential bureaucrats I spoke of and is the person refusing to validate his statements, it was simply not for him to make those assertions in the first place. The fact that he's unwilling or unable to provide legal backing to support them speaks volumes.
Why not? You assume that rUK will go "Sure....use our currency, no conditions attached until you decide you don't want to. Even though you've just voted to leave us".
Put another way. Do divorcing couples use pure logic? Or do emotions often cloud our judgements? Would I share a joint account with my wife who just told me she's leaving me when she's unwilling to give me any assurances that she won't spend all the money then later leaving me in the lurch? I think not!
The divorcing couple analogy simply isn't valid, there wouldn't be any storming out and slamming of doors this isn't the ending of some emotional attachment. Any negotiations would be carried out by civil servants and an amicable settlement reached because it would be in the interests of both to do so.
Because EU law says that banks have to have a lender of last resort. Since Scotland wouldn't have it's own currency the BoE would be the central bank in question. Since BoE is in England, this means all the main Scottish banks would have to move their headquarters to the rUK....to comply with EU law. Until such time as iScotland either adopts the Euro or the UK agree to share.
You misread what I wrote, I said 'if' you are right and there is no currency union, Scotland would have it's own currency, what is wrong with the Scottish Government being the lender of last resort for its banks? there is precedence for it and as long as the banks are properly regulated there would not be another Iceland here.
Only if there is grounds for an appeal and only once the UK court appeals process has been exhausted.So basically is someone isn't happy with the UK ruling the just appeal to the EU courts?
It was easier to answer your points within the quote itself..
You misread what I wrote, I said 'if' you are right and there is no currency union, Scotland would have it's own currency, what is wrong with the Scottish Government being the lender of last resort for its banks? there is precedence for it and as long as the banks are properly regulated there would not be another Iceland here.
What you think is pretty much accepted is neither here nor there, it's not accepted at all because so far the European parliament has refused to answer questions on the subject. No reason why you should have heard of Mark Demesmaeker, I hadn't either until he made that statement. You mention JM Barroso, he's one of those inconsequential bureaucrats I spoke of and is the person refusing to validate his statements, it was simply not for him to make those assertions in the first place. The fact that he's unwilling or unable to provide legal backing to support them speaks volumes.
Ahh ok, yes I misunderstood you. Yes Scotland could set up their own Scottish pound (or whatever) but then that sort of flies in the face of the idea of joining the Euro doesn't it? It also won't be a very popular currency if people think that soon it'll be ditched. And won't that affect the exchange rate?
But doesn't that in itself speak volumes about the entire Yes campaign. And that is that what Salmond is asking Scotland to do is essentially take a HUGE gamble on a lot of things that are at the very least unknowns and at worst people have already spoken.
On the currency union point. All three major parties have ruled it out on the advice of the very civil service that would be negotiating currency union!?! And we can all see what happened to the Lib Dems after they went back on their manifesto pledge on student loans. I really doubt Tories, Labour and especially the Lib Dems would be so quick to go back on their word that there will be no currency union. That would be akin to electoral suicide and give UKIP an even BIGGER boost. And one thing MP's are good at is saving their own skin.
Only if there is grounds for an appeal and only once the UK court appeals process has been exhausted.
You know saying peoples questions are stupid is a bit strong we on tpf participate because we or at least I care, not stupid but have a different opinion to yoursWe got a thread on TPF with some people asking stupid questions and we got a referendum on to enable us to choose Independence.
This is the problem with the yes camp. Your simply not prepared to accept that there may very well be difficulties in becoming a member of the EU. That you would have to negotiate your place and your contribution. I can only assume the stance is because you realise it would be disastrous electorally to admit now at such a late stage. I didnt have to be this way, you could have prepared for such a position in the beginning.The European governing body can't speak about the membership of Scotland until a request is actually made and that cannot happen until after a yes vote. Likewise they (Barroso) should not be saying anything against for the same reasons. What Barroso said was nothing more than personal opinion which carries no weight either here in Scotland or in the EU parliament and he has refused to back it up, probably because he accomplished what he was asked to do, sow the seeds of doubt.
They did not take advice from the civil service, they took what they wanted from what one man said, what he said has already been refuted by other civil servants, academics and others who know better. And these politicians have already gone back on the promise of David Cameron that 'everything' would be negotiable in the event of a yes vote, why would you think they wouldn't backtrack again? Not that it matters, any negotiating will be carried out by civil servants, not by politicians.
The above has already been covered more than a few times in this thread.
They did not take advice from the civil service, they took what they wanted from what one man said
Again...the personal opinion of someone who you would expect to have more intimate knowledge than the rest of us on how future negotiations will go. You know....given he's the president and everything.What Barroso said was nothing more than personal opinion
I'm not putting words in your mouth. What I am referring to is the fact that EU membership conditions stipulate member states must adopt the Euro. Given you want to join the EU you'll need to accept this term. As I explained earlier, I don't rate your chances of persuading countries who've had to suck this one up to join to give Scotland a pass. Ergo a Scottish currency will be temporary. Unless of course you don't want to join the EU in which case yeah that's cool. Banks can stay and use the Scottish pound. Except you won't be in the EU.....so banks will want to move into the Eurozone....like England or France or Germany!Again you're either misunderstanding or putting words in my mouth. I've not said anything about joining the Euro and if Scotland went with it's own currency it's wouldn't be in any way temporary.
I am assuming your taking about Macpherson, and if so, he most definitely did say no to currency union.
I'm not putting words in your mouth. What I am referring to is the fact that EU membership conditions stipulate member states must adopt the Euro. Given you want to join the EU you'll need to accept this term.
See my last reply for the Mr Macpherson actually said.
Your problem is Hugh, Professor Leslie Young (of the Cheung Kong Graduate School of Business in Beijing) will not be the one who decides on a currency union. Its already been stated by me and many others on this thread the UK has not been minded to share their currency, or anybody elses for that matter, with anyone and I do not see that as changing any time soon.
Steve
This seems to be very focused on one side and doesn't seem to be balanced. Has this been very selectively quoted to show one side in a better light?Professor Leslie Young (of the Cheung Kong Graduate School of Business in Beijing) says...
- The UK Government was relying on a “lurid collage of fact, conjecture and fantasy” in making its argument.
- The evidence cited by Permanent Secretary to the Treasury Sir Nicholas MacPherson used by the UK government to justify its decision on a currency union is fundamentally flawed.
- Its claim that Scotland’s financial system is “far too big”, and would therefore expose UK taxpayers to heavy burdens, is unsubstantiated.
- Its claim that the likely misalignment of the fiscal policies of the UK and an independent Scotland would put “intolerable pressure” on the currency union is evasive — and unsubstantiated.
- Currency union would not bring on the tensions that drove the Eurozone crisis. Were a financial crisis to arise, the two governments and the central bank could quickly agree to head off any downward economic spiral with decisive action, given their shared values and culture, virtually identical business, financial and fiscal systems, and the familiarity, goodwill and respect that obtain between their electorates.
- The Treasury claims are invalidated, not by errors of fact, but by errors of logic. These errors are subtle and difficult to disentangle. But only subtle logical error could have led Treasury to claim, in effect, that past risky behaviour by investment bankers in London, inadequately supervised by the Bank of England, somehow disqualifies an independent Scotland to be a currency union partner of England.
What Macpherson actually said and I quote
"I would advise you against entering into a currency union with an independent Scotland. There is no evidence that adequate proposals
or policy changes to enable the formation of a currency union could be devised, agreed and implemented by both governments
in the foreseeable future"
Pretty unequivocal really
Steve
This seems to be very focused on one side and doesn't seem to be balanced. Has this been very selectively quoted to show one side in a better light?
As I also said earlier, you are making assumptions, not least that Scotland would 'have to apply' for membership, that is far from being a certainty. The fact is that there has never been a situation like the one that would exist so there is no rule or set of guidelines to follow. Which is why the EU has said nothing so far, it's not a question they want to have to answer until they have to.
But you seem to be assuming that if the Scots vote against independence, then everything goes back to being as it was before. I don't think that's at all justified.And that's my entire argument in a nutshell. That the Yes camp are asking the Scottish electorate to take a HUGE gamble. And that's exactly what it is. A gamble. Like you said, there's no certainty at all.
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Two absolutely central planks of the 'yes' argument which are totally uncertain.
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Essentially what the 'Yes' campaign is asking the voters to do is roll the dice and trust them
I know you've said it and so have a couple of temporary caretaker politicians in Westminster but their reasoning was flawed and they have no choice but to accept the agreement DC signed in Edinburgh. "working together on matters of mutual interest and to the principles of good communications and mutual respect " You have accept that politicians manipulate the truth to make it fit their immediate needs and are not going to admit to something that endangers their position (until they have no choice). I have posted independent assessments by people who have no position to maintain or axe to grind refuting your main points. Accept that I'm right or prove me wrong with something other than what some politician says.