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Revision as of 21:49, 15 June 2019 by Mark McNaught (→Strand 2: Development of the Constitutional Framework)
- 1 The Constituent Process for the New Scottish State
- 1.1 Strand 1: Enactment of the Scottish Constitution & Delivery of the Social Compact
- 1.2 Strand 2: Development of the Constitutional Framework
- 1.3 Strand 3: Establishment of the Structure of State
- 1.4 Strand 4: Long Term Direction of Travel
- 1.5 Strand 5: Negotiations on Future Relationship with England, Wales & Northern Ireland
- 1.6 Strand 6: Future Scotland / EU Relationship
- 2 Ratification
The Constituent Process for the New Scottish State
Upon a successful triggering of this Constituent Process, the Strands outlined below shall commence running immediately, simultaneously and in parallel for a period of up to 18 months.
Strand 1: Enactment of the Scottish Constitution & Delivery of the Social Compact
Enactment of the Scottish Constitution
- The Final Provisional Constitution, as provided by the People herein, shall be enacted by the Scottish Parliament on the first sitting day after this Constituent Process has been triggered.
- The rights of all human beings living within Scotland shall be unambiguously and irrevocably protected, including the right of all legally in Scotland to remain. Legal action by the UK Home Office or any other UK institution, contractor or subcontractor against any human being in Scotland shall be prohibited and prosecutable.
- Within the totality of Scottish land and territorial waters (based on the territorial waters boundary between England and Scotland in vigor in 1983), the sovereignty of the UK Crown in Parliament shall be null and void, definitively replaced by the sovereignty of the Scottish people.
- The electricity generation and storage, electrical transmission grid, roads, the railways, ports, airports and related infrastructure, the Post Office, the natural gas infrastructure and other natural monopolies shall be brought under Scottish public ownership.
- All revenue generated by the publicly owned infrastructure shall be used to reduce costs for citizens, and/or invested in the public sphere.
- All renewable energy arrays or farms, be franchised to existing owners/ private Scottish energy companies, which are headquartered and registered in Scotland.
- Any and all aristocratic titles and unearned privileges shall be null, void and without effect in Scotland, as they are fundamentally incompatible with an egalitarian society. Further, aristocratic privilege shall no longer confer legal immunity for any crimes committed within Scotland, with no statute of limitations. Clan chiefs and other traditional Scottish clan titles and honorific shall not be affected by the removal of aristocratic or hereditary titles.
- The Register of Sasines (Register of Scottish land seized by the UK aristocracy) is declared null, void, irrelevant, and shall no longer be a valid for of land registration.
- Within this 18 month period, the Scottish Land Registry shall be updated using the most precise mapping technology available to register and grant title to ALL land, buildings, and infrastructure within Scottish land and sea territory.
- After this 18 month period, any land, buildings, and/or infrastructure, including that on the Register of Sasines, for which legitimate title cannot be established under the Corpus of Scottish law shall become the public property of the Scottish people, including all royal, noble, and/or aristocratic holdings. Any and all revenue from the sale of public lands shall be invested in the Scottish Sovereign Wealth Fund.
- The sale of such public lands, shall be made only to individuals or companies domiciled or incorporated and registered in Scotland.
- No new UK law, regulation, decree, or court decision shall be applicable to Scotland.
- The BBC shall no longer be unjustifiably subsidized by anyone living in Scotland, and the former BBC licence fee shall be reduced to £100 per year and redirected to the establishment of a Scottish Citizens Media Fund to be run for and by the people of Scotland. Any effort by the BBC or any other entity to collect the licence fees and/or arrears on Scottish citizens shall be prohibited and prosecutable.
- All lawsuits, trials, and legal action employing UK law which is contrary to this constitution shall be ceased, including but not limited to defamation, libel, and 'super injunctions'.
- Public Contracts Scotland (UK privatized shell company/website which awards public contracts in Scotland - https://www.publiccontractsscotland.gov.uk/) shall be obliged to disclose the totality of the information and content of all public-sector contracts, as complete responsibility for awarding public sector contracts shall be transferred to the relevant Scottish government institution under EU procurement law and Scottish employment law.
Delivery of the Social Compact
- All "Immediate-Term" Items outlined by the Commissions in Strand 4 shall be acted upon and delivered within the Constituent Process.
Strand 2: Development of the Constitutional Framework
- Seeking the broadest possible citizen input.
- Hold open live-streamed conferences to refine the Constitution and the Corpus of Scottish Law.
- Seek evaluation and constructive critique by the Venice Commission, implementing relevant recommendations.
- Seek international involvement of specialized academics and jurists.
Corpus of Scottish Law
- Draft and adapt the Constitution to the Corpus of Scottish Law.
- Annulment of all UK law passed over the centuries which is contrary to the developing Constitution of the Scottish State.
- Commissions formed for each of the Spheres of the CSL to redevelop and simplify the law within the proscribed framework.
- Adaptation of the CSL to the constitution.
- Retention of constitutional and/or relevant UK law, then adaptation to the categories specified in the Corpus of Scottish Law.
Departments & Institutions of State
- Develop procedural due process
- Specify jurisdiction of courts
- Adaptation of existing courts to the Constitution of the Scottish State
- Creation of new courts and jurisdictions
- Territorial organization of the judiciary.
Strand 3: Establishment of the Structure of State
- The totality of the following taxes/duties paid to any UK government institution by Scottish citizens and enterprises shall be paid in Scottish Pounds to Revenue Scotland. All efforts by the UK government and/or HMRC to impede this process and/or collect tax arrears on Scottish citizens/enterprises shall be prohibited and prosecutable.
- All companies which do business by supplying goods services or by providing wholesale or retail goods or merchandise, shall require to be registered in Scotland for all relevant corporation tax and income tax or national insurance purposes.
- Any company which fails to comply with the transition tax arrangements, or subsequent Scottish legislation regarding such taxation, will not be permitted to trade in Scotland or its territory.
- Development and adaptation of current Scottish government institutions to the Constitution, and amplifying their competences.
- Adaptation of UK governmental institutions in Scotland and retention of their employees for newly created roles.
- Creation of new Scottish institutions
Strand 4: Long Term Direction of Travel
- Commissions shall be established for the following:
- State Entitlement, looking at Pensions & Benefits as well as a new Jobs Guarantee Scheme
- NHS 30-year Plan, looking at all aspects of the NHS and the integration of NHS & Social Care
- Social Care 30-year Plan, looking at all aspects of Social Care and the integration of NHS & Social Care
- Economic Ambition 30-year Plan, looking at Inclusive & Sustainable Growth across all existing and new Industries
- Infrastructure 30-year Plan, looking at all aspects from Housing to Transport, Education to Digital Inclusion, etc.
- The first focus of all Commissions shall be to report on "Immediate-term" Actions required to halt any decline in Scottish Society - this report shall delivered within 6 months of this Constituent Process being triggered.
- The Commissions shall launch a Public Consultation within 12 months of this Constituent Process being triggered.
- The Final Reports from the Commissions, incorporating Public Consultations, shall be delivered by the end of the Constituent Process.
- The Reports from these Commissions shall endure ad infinitum, regardless of the Government of the Day.
Strand 5: Negotiations on Future Relationship with England, Wales & Northern Ireland
- During the transition, the Scottish civil service shall seek to negotiate with the UK over the equitable distribution of assets and liabilities. While their hierarchical status will no longer be valid, UK appointees and representatives within the Scottish Civil Service may participate, provided they clearly demonstrate good-will and a clear verifiable commitment to use their experience constructively to build the Scottish State.
- UK refusal and/or inability to negotiate in verifiably good faith employing legally watertight enforcement mechanisms for any agreement shall result in the Scottish State not assuming any UK liabilities.
- If no such negotiation occurs, all UK assets within Scottish land and territorial waters shall become publicly owned by the Scottish people, including ministry of defence properties and the ‘Crown Estates’.
Strand 6: Future Scotland / EU Relationship
- Irrespective of the results of the Brexit negotiations, Scotland will continue to abide by and implement EU law, shall remain in the customs union and single market, shall remain under the jurisdiction of the European Court of Justice, at least until the status of the relationship between the Scottish State and the European Union is defined during the 18-month transition period.
- During the 18 month transition process, Scottish and EU law shall continue to apply. UK law over Scotland will continue to apply to individuals and entities within the UK reserved competences pending transfer to Scottish competence. However, no new UK laws will apply, including any law which infringes on current devolved powers and/or the constituent process.
- During the constituent process, the advantages and disadvantages of EU versus EFTA versus no membership in either shall be examined and debated in a civil, polite, civically-engaging manner.
- Representatives from the EU and EFTA, and political scientists and jurists shall be invited to discuss the merits of membership in each organization, and develop the criteria to seamlessly become a member.
- All educational lectures presentations and educational events concerning the European Union and European Free Trade Association must be public and available to watch via social or mainstream.media.
- The Scottish polity shall then come to a consensus over the options
- After 18 months, immediately before the first General Election in the New Scottish State, the following shall be put to the Sovereign People of Scotland:
- Constitution of the New Scottish State
- Long Term Plans for Direction of Travel of the New Scottish State
- Treaty agreed between the New Scottish State and the remainder of the UK
- Negotiated Packages for both Full EU Membership and EEA/EFTA Relationship
- Immediately following the Ballots on the above items, the New Scottish State shall move to the first General Election to choose the first Parliament and Government of the New Scottish State.