The Union is Over Thank You Justices

The Union is Over Thank You Justices

“In truth it’s not for Glory or riches, or honours that we are fighting, but for freedom, for that alone, that no honest man gives up but with life itself’ – Declaration of Arbroath 1320

Reproduction of this article is permitted

Paper written by lain-Smith: Kerr. 26th December 2022 11:22:33am Ver 3.0

Executive Summary
A Brief History
The cause of Scottish Independence has been a long and difficult road,in the latter part of the twentieth century the SNP gradually gained votes and Devolution happened with the passing of the Scotland Act 1998.We all know where that ended, #normally” became a lexicon for Westminster deceit, a skill they have practiced over many centuries. With Devolution came the rise and rise of the SNP and the Independence cause. Alex Salmond and David Cameron agreed a referendum proposal and in 2014 Scotland voted No. Alex Salmond resigned as First Minister in favour of his Deputy Nicola Sturgeon. Since then, we have had Brexit, the UK withdrawal from the European Union and despite this material change in circumstances and ever more mandates to hold a second Independence Referendum, the UK Government has been resolute in saying No to another Section 30 Order. This has been the position of the last four UK Prime Ministers.

A New Approach
Nicolas Sturgeon’s approach has been very different to her predecessor. Having gained several electoral mandates for a referendum she has repeatedly asked for the transfer of powers from Westminster to uphold her election promise. This has been denied by successive Prime Ministers and therefore she rightfully posed the question to the United Kingdom Supreme Court.

The Court Judgement1
This came in two Parts,

Firstly, they said No, the Scottish Parliament in its present incarnation is a child of Westminster and therefore cannot do anything reserved to Westminster under the Scotland Act1998. The Union being a reserved matter, so No, and I agree. The commentators and politicians have largely focused on this aspect of the judgement and echo Nicola Sturgeon’s Statement
“Let’s be absolutely blunt a so-called partnership in which one partner is denied the right to choose a different future or even to ask itself the question cannot be described in any way as voluntary”
2 Secondly it categorically stated that the United Kingdom Parliament is sovereign. This being the unanimous decision of the UK Supreme Court from which there is no appeal. This seems to me to be in direct conflict with the 1706/7 Treaty of Union3

3• In my opinion it is, both a definitive statement and incontrovertible evidence of the perpetration of a fraud.
Fraud makes The Treaty of Union null and void ablnitio and therefore I believe that Scotland is now lawfully and legally an independent nation State and no referendum is required.

The Evidence for Fraud
Mark Twain – How easy it is to make people believe a lie, and how hard it is to undo that work”
How Scotland was Cheated
The Bait- Treaty ofUnion 1706/7

Article1 is as follows
That the Two Kingdoms of Scotland and England shall upon the first day of May next ensuing the date hereof and forever after be United into One Kingdom by the Name of Great Britain And that the Ensigns Armorial of the said United Kingdom be such as Her Majesty shall appoint and the Crosses of St Andrew and St George be conjoined in such manner as Her Majesty shall think fit and used in all Flags Banners Standards and Ensigns both at Sea and Land
This Article does not mention the Constitutions of either Scotland or England and neither does the rest of the Treaty, I believe that neither Constitution can lawfully or legally take precedence over the other. We signed at the point of a-gun. Gordon Ross put it well
“It is now shown to be a forced Union there is no voluntary aspect to any of this. We knew this right from the start. TheTreaty of Union was signed in the middle of an English military blockade where English ships basically blockaded Scottish ports and threatened to sink any Scottish ships trying to export anything or to resupply the colony at Darien, Panama. As well as that there was a ban on exports of Scottish wool which was a primary export into England at the time so there was-a trade embargo. There was one English army massed across the border threatening Scotland with yet another invasion. Then the English State bribed the remaining Nobles (who were in debt because of their investments in Darien) by paying off their debts and threatening to seize their lands. So, nobody in their right mind and certainly nobody in the United Nations knowing how this Treaty come about could ever say there was any voluntary aspect.

“4 The Switch – The Scottish Constitution principle was ignored and discarded. The English Constitutional principle was promoted and enforced to Scotland’s detriment.

The evidence for this is

A. On23 November 2022 the Judgement of the UK Supreme Court on Devolution issues declared:-
The essential question was Does the Scottish Parliament have power to legislate for the holding of a referendum on Scottish independence?”
The answer came with two observations

Firstly, that the Scottish Parliament as currently constituted is a child of the Westminster Parliament and therefore cannot hold an independence referendum without permission from that Parliament as this is a matter which is «Reserved” under the Scotland Act 1998.

82. .. A lawfully held referendum would be a political event with political consequences. It is equally plain that a Bill which makes provision for a referendum on independence – on ending the sovereignty of the Parliament of the United Kingdom over Scotland – has more than a loose or consequential connection withthe sovereignty of that Parliament.
83. For these reasons, we reject the Lord Advocate’s submissions that the proposed Bill does not relate to reserved matters.

I agree, Holyrood is born of Westminster, and the proposal relates to reserved matters, so No is the correct answer.It seems to me a statement of the obvious.
Secondly the justices asserted that the Westminster Parliament is Sovereign. They reinforced this view by references in paragraphs 63, 76, 77 and 82 where the Sovereignty of the Westminster Parliament is expressly stated or referred. This is no mere 11obiter dictum”.
As the UK Supreme Court is the highest Court in the UK and there can be no appeal. It means that the justices in their unanimous judgement have ruled that the UK Parliament is Sovereign, thus negating the Scottish constitution.
Discarding the Scottish Constitution is a material breach of the Treaty and is a clear admission to a Bait and Switch FRAUD.

B. In the case of MacCormick and Another v Lord Advocate 1953 Court of Session (on appeal)

6 LordPresident Cooper remarked
The principle of the unlimited sovereignty of Parliament is a distinctively English principle which has no counterpart in Scottish constitutional law. It derives its origin from Coke and Blackstone and was widely popularised during the nineteenth century by Bagehot and Dicey, the latter having stated the doctrine in its classic form in his Law of the Constitution. Considering that the Union legislation extinguished the Parliaments of Scotland and England and replaced them by a new Parliament, I have difficulty in seeing why it should have been supposed that the new Parliament of Great Britain must inherit all the peculiar characteristics of the English Parliament but none of the Scottish Parliament, as if all that happened in 1707 was that Scottish representatives were admitted to the Parliament of England. That is not what was done. Further, the Treaty and the associated legislation, by which the Parliament of Great Britain was brought into being as the successor of the separate Parliaments of Scotland and England, contain some clauses which expressly reserve to the Parliament of Great Britain power.; of subsequent modification, and other clauses which either contain no such power or emphatically exclude subsequent alteration by declarations that the provision shall be fundamental and unalterable in all time coming, or declarations of a like effect. I have never been able to understand how it Is possible to reconcile with elementary canons of construction the adoption by the English constitutional theorists of the same attitude to these markedly different types of provisions.

Lord Cooper nearly got there, but evidently did not consider fraud in his judgement. So, this state of affairs was probably intentional and has been there since the beginning, but only noticed In a legal sense In 1953, even then its true nature as a criminal act was misunderstood.

Then there is a more recent Act of Parliament which further asserted the Sovereignty of Parliament. A perplexed Mark Drakeford commented negatively on it at the time and couldn’t understand why it was necessary to be included. He obviously realised it was a particularly prickly issue and was concerned about its impact on the Scottish Devolution settlement.

C. The European Union (Withdrawal Agreement) Act 2020

38Parliamentary sovereignty

(1) Itis recognised that the Parliament of the United Kingdom is sovereign.
(2) In particular, its sovereignty subsists notwithstanding-
(a) directly applicable or directly effective EU law continuing to be recognised and available in domestic law by virtue of section 1A or 1B of the European Union (Withdrawal) Act 2018 (savings of existing law for the implementationperiod),
(b) section 7A of that Act (other directly applicable or directly effective aspects of the withdrawal agreement),
(c) section 7B of that Act (deemed direct applicabifrty or direct effect in relation to the EEA EFTA separation agreement and the Swiss citizens’ rights agreement), and
(d) section 7C of that Act Onterpretation of law relating to the withdrawal agreement (other than the implementationperiod). the EEA EFTA separation agreement and the SWiss citizens’ rights agreement).
(3) Accordingly, nothing in this Act derogates from the sovereignty of the Parliament of the United Kingdom.

In this Act the UK Par1iament openly asserted its Sovereignty and replaced the Sovereignty of the Monarch with their own. In England an act of Treason.

. 8.Except that this apparently received Royal Assent I ponder that is not something that the Monarch would consider to be in theirs or their heirs and successors best interests and therefore unlikely to consent. Perhaps there were extenuating circumstances!

Conclusion
The Sovereignty of the United Kingdom Parliament has been stated by the UK Supreme Court in direct conflict with theTreaty of Union. Scotland was bludgeoned and deceived into joining a Union with England by lies and outright fraud. This is enough to lawfully end the Treaty of Union and gain international recognition as an independent nation state.

“As is becoming clearer by the day achieving Independence is not now just desirable, it is essential ff Scotland is to escape the disaster of Brexit, the damage of policies imposed by governments we do not vote for, and the low growth high inequality economic model that is holding us back” Nicola Sturgeon

A new Scottish Parliament has to be elected and the already extant Scottish Constitution needs to be resurrected and Acts of Parliament created to kickstart Scotland. Attention can be turned to the matters of the European Union and a possible new Union with England. This will of course take a considerable time to undertake given the volume of legislation that needs to be prepared, scrutinized, debated and passed by Parliament.

MY COMMENTS

An excellent paper and explanation of where Scotland lies at the moment and explains the urgency of taking quick steps to start the process of defending and promoting Scotland’s Constitution that provides ample measures to defend the Scottish interest…if the political will exists to make use of those measures and protections. Is there? It should form the major considerations of the SNP SPECIAL CONFERENCE and certainly the growing membership of Salvo/ Liberation will be looking for signs that this crucial party is catching on to the effective tactics that can be employed to move forward. Following a meeting of the Steering Committee of the Scottish National Congress last night it was determined to issue an invitation to the author of this paper Iain Smith Kerr to join our committee as he clearly has much to contribute.

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