Initiation Process

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The Initiation Process

This is the most fluid part of The Process, there are so many directions the current situation in Scotland / United Kingdom could go.
We try to cover as many possibilities on this Page as possible, please have your say below and help us keep track of it all.
However, there are some steps we can take regardless of what happens, to ensure our voices are heard as one by both our Governments:
  • Complete Scrutiny and/or Adoption of the Constitution Of The Scottish State, Corpus Of Scottish Law and Scottish State Institutions
  • Introduce as many people as you can to The Process, and get it in front of your Local MP and MSP, regardless of which Party they represent.
  • If your representatives are not pro-Independence, put it in front of the SNP and/or Scottish Greens Candidate that stood for your Local Area as well.
If there are no options forthcoming from our Governments, there is a Grassroots Backstop Option outlined below as a Clyde-Built Safety Net.


Once again, thank you for your help in this first-of-its-kind Grassroots Democratic Event.


Current Situation at UK Level

EU Draft Withdrawal Agreement and Political Declaration on Future Relationship

Both have been ratified and signed-off at the European Council Summit on 25th November 2018, subsequently laid before UK Parliament for ratification in the Meaningful Vote.
You can read the Withdrawal Agreement here -> https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/759053/26_November_-_Agreement_on_the_withdrawal_of_the_United_Kingdom_of_Great_Britain_and_Northern_Ireland_from_the_European_Union_and_the_European_Atomic_Energy_Community.pdf
You can read the Political Declaration on the Future Relationship here -> https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/759054/26_November_-_Political_Declaration_setting_out_the_framework_for_the_future_relationship_between_the_European_Union_and_the_United_Kingdom.pdf
The UK Government have released "Explainer" documents as follows:
Explainer for the agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union
Explainer for the Political Declaration setting out the framework for the future relationship between the United Kingdom and the European Union
These documents can be viewed here -> https://www.gov.uk/government/publications/withdrawal-agreement-and-political-declaration
The UK Government have released Impact Assessments and these can be viewed here -> https://www.gov.uk/government/publications/exiting-the-european-union-publications
The Bank of England have released Impact Assessments and these can be viewed here -> https://www.bankofengland.co.uk/report/2018/eu-withdrawal-scenarios-and-monetary-and-financial-stability

Article 50 Case Referred to European Court of Justice

Final ruling from ECJ reads as follows:
Article 50 TEU must be interpreted as meaning that, where a Member State has notified the European Council, in accordance with that article, of its intention to withdraw from the European Union, that article allows that Member State — for as long as a withdrawal agreement concluded between that Member State and the European Union has not entered into force or, if no such agreement has been concluded, for as long as the two-year period laid down in Article 50(3) TEU, possibly extended in accordance with that paragraph, has not expired — to revoke that notification unilaterally, in an unequivocal and unconditional manner, by a notice addressed to the European Council in writing, after the Member State concerned has taken the revocation decision in accordance with its constitutional requirements. The purpose of that revocation is to confirm the EU membership of the Member State concerned under terms that are unchanged as regards its status as a Member State, and that revocation brings the withdrawal procedure to an end.
You can read the Press Release from the ECJ here -> https://curia.europa.eu/jcms/upload/docs/application/pdf/2018-12/cp180191en.pdf
You can read the Full Judgement from the ECJ here -> http://curia.europa.eu/juris/document/document.jsf;jsessionid=6B14010CF44BD86CD4FDB529A9EF15D9?text=&docid=208636&pageIndex=0&doclang=en&mode=req&dir=&occ=first&part=1&cid=1128542

Contempt of Parliament

On 13th November 2018, the House of Commons passed a Binding Motion (A Motion of Return, aka A Humble Address) ordering the Government to release their full legal advice on the Withdrawal Agreement and Political Declaration - the Government did not comply.
You can watch the Debate on the Humble Address here -> https://parliamentlive.tv/event/index/43ae7824-dce6-456f-aff9-e20ce43e21d2?in=13:05:20
On 3rd December 2018, the Attorney General attempted to explain to the House of Commons why the Government were not complying - he failed.
You can watch the Attorney General's appearance at the Despatch Box here -> https://parliamentlive.tv/event/index/5ed35e84-a80d-4e22-a69f-2be5ab920147?in=16:31:35
On 4th December 2018, The Speaker granted an Emergency Debate on a Privilege Motion holding the UK Government in contempt of the UK Parliament - they won.
You can watch the Debate on the Privilege Motion here -> https://parliamentlive.tv/event/index/835418bd-4e17-4878-8144-50e89a9b3f50?in=12:49:50

Meaningful Vote

Five days of debate have been set aside to debate the Withdrawal Agreement and Political Declaration that has been laid before Parliament for ratification, links above.
The wording of the Government Motion is as follows:
That this House approves for the purposes of section 13(1)(b) of the European Union (Withdrawal) Act 2018, the negotiated withdrawal agreement laid before the House on Monday 26 November 2018 with the title ‘Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community’ and the framework for the future relationship laid before the House on Monday 26 November 2018 with the title ‘Political Declaration setting out the framework for the future relationship between the European Union and the United Kingdom’.
The following amendments have been selected by The Speaker:
TBC
You can watch Day 1 of the Debate here -> https://parliamentlive.tv/event/index/835418bd-4e17-4878-8144-50e89a9b3f50?in=17:46:48
You can watch Day 2 of the Debate, Immigration & Security, here -> https://parliamentlive.tv/event/index/739a1359-e058-49e3-a597-fac0ba3bd93a?in=13:09:21
You can watch Day 3 of the Debate, Economy & Business, here -> https://parliamentlive.tv/event/index/5c649f69-eb62-4064-89ff-be65389649d3?in=11:48:42
It is important to note that an amendment was made to the Programme Motion, proposed by Dominic Grieve, which allows for Amendments to FUTURE Motions, should the Meaningful Vote fail to pass in the House of Commons on 11th December 2018.
The House of Lords are also holding Debates over three days.
You can watch Day 1 of their Debate here -> https://www.parliamentlive.tv/Event/Index/db4fc4c0-ef22-432f-bca4-c14e5c679f44
You can watch Day 2 of their Debate here -> https://parliamentlive.tv/event/index/0959356e-3f65-49e8-b7b6-f09c4c8d1ea7?in=11:39:56

Current Situation at Scottish Level

Single Market & Customs Union

On 20th December 2016, the Scottish Government published "Scotland's Place In Europe" setting out the Scottish Government's position following the result of the EU Referendum.
You can read this document here -> https://www.gov.scot/publications/scotlands-place-europe/
This document has been acknowledged by the European Union, as indicated here -> https://ec.europa.eu/unitedkingdom/news/scotlands-place-europe_en
On 15th October 2018, the Scottish Government published "Scotland's Place In Europe: Our Way Forward" which re-affirmed their position outlined in December 2016.
You can read this document here -> https://www.gov.scot/publications/scotlands-place-europe-way-forward/

Meaningful Vote

The Scottish Government have brought their own Motion before the Scottish Parliament as follows:
That the Parliament agrees that both a no deal outcome and the outcomes arising from the withdrawal agreement and political declaration setting out the framework for the future relationship between the EU and the UK, as presented to the House of Commons by the Prime Minister, would be damaging for Scotland and the nations and regions of the UK as a whole, and therefore recommends that they be rejected and that a better alternative be taken forward.
The Debate took place on 5th December 2018, and the Motion was passed by 92 Votes to 29.
You can watch the Debate here -> https://www.scottishparliament.tv/meeting/debate-protecting-our-interests-scotlands-response-to-the-uk-government-and-eus-withdrawal-agreement-and-political-declaration-december-5-2018

Continuity Bill - UK Supreme Court Decision

Final Verdict to be handed down on Thursday 13th December 2018.

Claim of Right for Scotland

On 4th July 2018, a Motion was passed unanimously in the House of Commons as follows:
'"That this House endorses the principles of the Claim of Right for Scotland, agreed by the Scottish Constitutional Convention in 1989 and by the Scottish Parliament in 2012, and therefore acknowledges the sovereign right of the Scottish people to determine the form of government best suited to their needs."
You can read more on this in the Commons Library here -> https://researchbriefings.parliament.uk/ResearchBriefing/Summary/CDP-2018-0171
You can read the Hansard Record of the Debate here -> https://hansard.parliament.uk/commons/2018-07-04/debates/18070455000001/ClaimOfRightForScotland
You can watch the recording of the debate here -> https://parliamentlive.tv/event/index/1ce1d9b9-6dff-4109-b07c-f3372d21da95?in=17:46:17

Triple-Lock Mandate

The Scottish Government currently have a triple-lock Mandate to hold a Referendum in Scotland:
  • A Government was formed in Holyrood on a Manifesto committing to one if certain conditions were met,
  • The Scottish Parliament passed a motion to request a Section 30 Order, and
  • A majority of pro-Independence MPs were returned to Westminster in the 2017 UK General Election after standing on a manifesto committed to a Referendum.
With the Grassroots Backstop Option below, we can collectively add a fourth Mandate to that list and both our Governments would have to respect it - the Scottish Government already recognises our Sovereignty as the People of Scotland, unequivocally, so this is no threat to them, quite the opposite.
Regardless of what happens with the British State, Scotland will have spoken collectively and decisively before 11.01pm on 29th March 2019 and told BOTH our Governments that we want to Dissolve the Political and Economic Union we have with Westminster as the political and economic decisions being made within it are no longer working for Scotland.

Potential Routes for UK Government

There are two potential routes for the UK Government, that we know of. There have been mentions of a "democratic event" being a means of achieving same result as a Referendum of the People, however further details on what this could entail have not been forthcoming on these potential routes yet, from our Scottish Government.

Snap General Election

The UK Government could trigger a Snap General Election.

People's Vote

The UK Parliament could force the UK Government to put the Brexit Deal back to the People for a second EU Referendum.

Potential Routes for Scottish Government

There are two potential routes for the Scottish Government, that we know of. There have been mentions of a "democratic event" being a means of achieving same result as a Referendum of the People, however further details on what this could entail have not been forthcoming yet.

Referendum WITH a Section 30 Order

The Scottish Government have already requested a Section 30 Order from Westminster, and a FORMAL response has yet to be received.

Referendum WITHOUT a Section 30 Order

From the outset, this option would NOT be the same situation as Catalonia's Referendum, Scotland is an Independent Nation in its own right and the Claim of Right (outlined above) would make any Referendum WITHOUT a Section 30 Order just as valid as a legally-binding Referendum under a Section 30 Order.

Brexit Aside

UN Special Rapporteur's Statement, video and statement, Amber Rudd response and Caroline Noakes in Committee with Yvette Cooper Video <- develop
Mitigation of UK Decisions - at least £125m per annum <- develop and cite
Cut to Holyrood Funding since the Global Crash <- develop, cite and triple-check
Democratic Deficit in our Representation at Westminster <- develop
Duties of the Secretary of State for Scotland <- develop
UN Special Rapporteur's Statement, from a Scottish perspective <- develop


Help us develop these headings and suggest more here -> Brexit_Aside_Scotland

The Voice of The Grassroots of Scotland

That is FOUR potential routes to triggering the Constituent Process, all dependent on "Others" and the Grassroots Movement informing our Scottish Government that "THIS is what we want!" regardless which route is followed - this section helps us co-ordinate that Engagement & Adoption by our Representatives.

Engagement of Scottish Government in The Process


Engagement of Scottish Parliament in The Process

Elected Representatives

Engagement of Scottish MPs at Westminster in The Process


Grassroots Backstop

This Clyde-Built Safety Net for the Scottish State is completely, one-hundred percent, within the control of the Grassroots of Scotland.

A Two-Year Path

  • 30th Nov 2018 - Convene the Scottish People's Constituent Assembly (i.e. Everyone in Scotland, through ScottishConstitution.Com)
  • 1st Dec 2018 - Commence 90-day Scrutiny Process (this Wiki site)
  • 31st Dec 2018 - Issue 30% Report
  • 30th Jan 2019 - Issue 60% Report
  • 28th Feb 2019 - Issue Final Provisional Constitution and Corpus of Scottish Law
  • 1st March 2019 - Commence 4-week Ballot and parallel Petition to Scottish Parliament
  • 28th March 2019 - Close 4-week Ballot and parallel Petition to Scottish Parliament
  • 29th March 2019 - Announce Result and present Petition to Scottish Parliament
A MAJORITY YES VOTE IS ACHIEVED
Week commencing 1st April 2019, the Scottish Government shall lay a Motion before the Scottish Parliament to suspend the Scotland Act 1998, enact the Provisional Constitution into Scots Law and trigger the Constituent Process - in line with the People’s Petition to the Scottish Parliament.
Formal Nominations and Convening of the Commissions outlined in the Constituent Process to be completed before 29th April 2019.
  • 29th October 2019 - Issue 30% Report
  • 29th April 2020 - Issue 60% Report
  • 29th October 2020 - Issue Final Versions for Ratification
Four week cooling off period - essential!
  • 30th November 2020 - Final Ratification Vote
A MAJORITY YES VOTE IS ACHIEVED
Declare Independence and arrange a Scottish General Election at the earliest opportunity!


4-week Grassroots Ballot

MORE INFORMATION TO FOLLOW

Petition to Scottish Parliament

MORE INFORMATION TO FOLLOW


Discuss this section in more detail -> Grassroots_Backstop_Discussion