MP failed to address my Brexit questions
Sir – A few weeks ago you kindly printed a letter from me to Mr Jack, MP for Dumfries and Galloway, requesting clear answers to a number of serious issues Brexit will cause his constituents in Galloway.
I have now had a reply over two pages of A4 which addressed none of the concerns I asked him to address.
To précis his letter; Ms May’s Brexit is deal is good for his constituents because he, Mr Jack, believes it is a good deal for his constituents. Well, Mr Jack; I believe in the tooth fairy but I would not consider it a good enough excuse to drag the sovereign people of Scotland out of the EU against its considered will.
Mr Jack will seek to hide behind the arcane rituals of the House of Commons to defend his contrary view on the EU to that of the majority of his constituents, yet there is a small problem with that.
In Lord Cooper’s review of McCormack vs the Lord Advocate (1953) he made the following pertinent points. Scots Law and constitutional practice are protected for all time from interference by the Union Parliament where “all time” means “all time”.
Under Scots Law and constitutional practice there is no equivalent to the English Law constitutional concept of the “Crown in Parliament” as the people of Scotland are sovereign. This issue was tested in Axa et al vs the Scottish Parliament where in part of the judgement the UK Supreme Court refused Axa et al’s petition because it had no power to set aside a bill of the Scottish Parliament which clearly reflected the considered will of the people of Scotland.
Lord Cooper, in 1953, also stated, in his view, there would come a point in the future where all the fudges on where the people of Scotland’s sovereignty lay within the UK Union Parliament would unravel and the UK Parliamentary Union, in its current English dominated basis, would inevitably collapse.
In effect Mr Jack is bound by Scots Law and constitutional practice, being elected from a Scottish constituency, to represent the considered will of his constituents and cannot behave like an English MP and slavishly follow his party. Even in this constituency the majority of voters, who exercised their vote, desired to stay within the EU.
As an aside, I note there are a number of Scottish Tories now seeking independence for the Scottish branch from the London Party, at their spring conference, without seeing the irony of their stance. This is in response, no doubt, to the latest polling figures from You Gov in Scotland which predict the Tory Party and its Labour partner in Brexit stupidity will be left with one MP each after a General Election in Scotland, held within the next three months.