Sturgeon has no power

Nicola Sturgeon’s Powers are limited.

ADRIAN SROKA·SUNDAY, 17 JULY 2016

My thanks to Trevor Mansell for the information in this note.

Trevor Mansell here's one for you Adrian

FIRST MINISTER HAS NO LEGAL AUTHORITY TO PRONOUNCE ON CONSTITUTIONAL MATTERS

The British Prime Minister met one of the devolved Ministers in Edinburgh today (15-7-16).

For all the attempts by the SNP to portray Scotland as virtually independent already, the fact remains that we are still a devolved part of the British State.

This was made clear in the Act which established the Scottish Parliament - the Scotland Act 1998.

This Act reserves various matters to the British Parliament. They are listed in Schedule 5 here: http://www.legislation.gov.uk/ukpga/1998/46/schedule/5

One of those devolved matters is "The Constitution". This refers to "the Union of the Kingdoms of Scotland and England". (Para 1 (b))

It also includes "Foreign Affairs" which refers to "International relations, including relations with territories outside the United Kingdom, the European Union (and their institutions)". (Para 7 (1))

This means that Ms Sturgeon - in her capacity as First Minister - has no legal authority to speak, act or legislate on either the British Union or membership of the EU, and its related matters.

She may have an opinion on these things as an individual, and also as the leader of the SNP. That's fair enough.

However, in her capacity as First Minister - a public servant in a devolved area of the United Kingdom - she cannot legally appear to speak as if she has any legal authority on these matters.

Nor can her Cabinet or Ministers appear to do so.

Nor does Holyrood have any legal power to consider a Bill on anything related to the subject of the British Union or membership of the EU. And it certainly cannot legislate on such matters.

That is the simple fact of the law. And the law must be upheld!

Nevertheless, that does not stop the First Minister and her minions acting "as if" they already possesses these legal powers.

Nor does it appear to stop the sycophantic mainstream media in Scotland swallowing her pretence whole.

It is time that we started hearing people and politicians pointing this out: Ms Sturgeon, in her capacity as First Minister, has no legal authority to pronounce on matters related to the British Union or membership of the EU.

Who is going to pull her up on this?