The Faculty of Advocates on Scotland in the EU

From Contrary:

Strange world of judiciary:

https://www.scottishlegal.com/article/supreme-court-justice-says-any-attempted-erosion-of-judicial-independence-will-be-opposed

“The Supreme Court justice said: “Occasionally following a Scottish appeal, I venture a mild complaint to him about the jargon surrounding Scottish legal procedure.

“Lord Hodge then tends to snap back that there is just as much jargon in the law of England and Wales but that I am used to it – which is absurd of course.”

He added: “The Law School at Edinburgh is justified in its expression of pride in its two great sons. Today, the whole of Scotland will be celebrating – well except, possibly, in Ibrox.”

He concluded: “Look Patrick, as deputy president, you’ll be brilliant, you always are.”

The polite sniping in those last few paragraphs is bit bizarre, I’m guessing that’s what passes for judge bantz.

This link is to a seminar event, I’ve just cut and pasted text from a news item, then the event brite blurb it links to, I’m not even sure who the faculty of Advocates are, but they are looking at practical things regarding Scotland joining the EU – the assumption being that Scotland will become independent. Not discussing whether Scotland should or should not be independent, but discussing what do once we are – I like this type of assumption! Start planning ahead, make it a fait accompli.

Faculty to stage major event on Scotland after Brexit
https://www.scottishlegal.com/article/faculty-to-stage-major-event-on-scotland-after-brexit

A major seminar to put the spotlight on Scotland’s place in Europe following Brexit has been announced by the Faculty of Advocates.

Expert speakers from politics, the law and academia are lined up for the full-day event in Parliament Hall, which aims to inform the public about the realistic prospects for Scotland’s future.

The primary focus will be on whether and, if so, on what terms Scotland could become an independent member of the EU,” said Ronnie Clancy QC, of the event’s organising committee.

“With the possibility of another referendum on Scottish independence, we will explore the rules governing accession to the EU by a newly-independent country, the legal and economic conditions which would apply, and the politics of an accession application. We will also examine the effects of EU membership on the future relationship between an independent Scotland and the remainder of the United Kingdom.”

Those confirmed to contribute to the debate on Friday, 20 March, are Professor Catherine Barnard, professor of European Union and labour law at Trinity College, Cambridge, Dame Mariot Leslie of Chatham House, Dr Kirsty Hughes, director of the Scottish Centre on European Relations, Professor Andrew Scott, professor of European Union studies at Edinburgh University, Fabian Zuleeg, chief executive and chief economist of the European Policy Centre in Brussels, and Professor John McLaren, honorary professor of public policy at Glasgow University.

The award-winning journalist, Allan Little, will chair a panel discussion with politicians. Those confirmed to take part are: Joanna Cherry QC, MP, Ross Greer, MSP, Richard Leonard MSP, and Willie Rennie MSP.

“We have specifically set aside a block of invitations which will go to senior pupils from Scottish schools. We want to stimulate well-informed debate amongst youngsters whose future prosperity may depend on the result of any independence referendum,” added Mr Clancy.

SCOTLAND IN EUROPE POST-BREXIT
About this Event
The Faculty of Advocates will host an important one day seminar in Parliament Hall on Friday 20th March 2020 discussing Scotland’s future in Europe. The primary focus will be on whether and if so on what terms Scotland could become an Independent Member of the EU.
There will be three sessions each containing contributions from distinguished experts followed by a moderated discussion with questions to the speakers and contributions from the floor.
The speakers include:
Professor Catherine Barnard, Professor of European Union and Labour Law at Trinity College Cambridge,
Dame Mariot Leslie, Chatham House,
Dr Kirsty Hughes, Director of the Scottish Centre on European Relations,
Professor Andrew Scott, Professor of European Union Studies at Edinburgh University,
The event will close with a fourth session comprising a panel discussion with invited representatives from the Scottish political parties. This will be chaired by the highly respected journalist Allan Little.
The object of the exercise is to inform the public about the realistic prospects for Scotland’s future.
The topics to be discussed will include:
The Rules:
• The criteria for EU membership.
• Input from EU institutions/member states to application process.
• Individual issues such as currency, budget deficit.
• Membership of the Council of Europe.
• Timescale.
Conditions in a Tailor-Made Accession:
• Which conditions are likely to be particularly significant?
• How much guidance can be provided by previous or current applications?
• How would the specific conditions be influenced by post-independence arrangements between Scotland and UK?
• Could Scotland remain in the EU without leaving the UK?
• Timescale.
The Politics:
• Who would be calling the shots in the EU institutions and the member states? Are there likely supporters or opponents?
• The experience of other previous applicants.
• The relevance of other current applications: would Scotland be in a queue?
• What difference do our history of membership and our 2016 referendum result make?
• Timescale.
Registration will be from 9.30am with Tea & Coffee. Light lunch will be provided, and the event will be followed by a networking drinks reception. Full programme to follow.

8 thoughts on “The Faculty of Advocates on Scotland in the EU

  1. Thanks Contrary, an excellent contribution.
    This looks like a fascinating event: I just hope the “Scottish” media give it the coverage it deserves.

    I notice one of the panel selected for discussion is Wullie Rennie, hot foot from South Britain(Newcastle!), and a man with an entirely closed mind, who doesn’t even seem to believe in his own party policy of federalism.

    No doubt if Repressing Scotland finds time for a quote, Wee Wullie will be selected first, second and last..

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    1. Hmm, good point – will it be broadcast at all? I assumed because of the political line up it might be…

      Well, I don’t watch telly or live broadcasts so was going to have to scrabble around the internet for some shaky recording anyway. You’d think there would be some decent cameras there? Maybe?

      Oh aye, the bitter together mob were away in Newcastle selling the Union there eh? I’ve not noticed any big campaigns for independence in Newcastle, so I just thought it a bit strange…

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  2. ” on what terms Scotland could become an independent member of the EU,” It won’t be as simple as that, Scotland is in the unique position of being an existing ‘member’ of the EU and has been for decades.
    There is also the statement from the EU that if Ireland becomes reunited NI would automatically be accepted.
    So we have two instances which puts Scotland in a different position from another country joining the EU.
    East Germany was never in the EU but was accepted within months when it reunited with West Germany.

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    1. I don’t think anything will be particularly simple about anything – negotiations are always going to be complex! But it will be easier than starting individual trade negotiations with each individual country round the world, when we have tons of other stuff to do.

      This seminar seems to be covering a lot of stuff in one day – but it will be from the law perspective I suppose. The political input is an interesting addition.

      It just makes it feel like a reality – real people are considering real life practical things, instead of woolly political fluff ‘it’ll all be fine!’ or ‘it’ll be a disaster!’.

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  3. I notice that the Scottish Conservative and Unionist Party is not participating. Presumably, instruction has come from Downing St that ‘Brexit has been done’ so they have not to give such events any attention.

    We Wuggie will be attending because of the LibDems long support for EU membership, as instanced by their undemocratic manifesto pledge that if elected they would ‘stop Brexit’. However, given that his party does not have a snowball’s chance in hell of being in Government in Westminster, his only way of remaining in or returning to the EU is via an independent Scotland.

    At least there is some reason for Wuggie to be present. I cannot understand what Mr Richard Leonard will have to say, since his party does not have a policy on Europe and opposes independence for Scotland and even the right of the Scottish people to be given the opportunity to make that decision. Given that around 1/3 of its voters are reported to support independence and that several MSPs, Councillors and some former MPs express support for the concept of a second referendum, it is, surely long overdue that Labour, in Scotland (since they claim to be autonomous) and in England and Wales. The ‘sister party’ in Northern Ireland, the SDLP, has been a long-tern supporter of a united Ireland, although prior to the 2019 election, Mr John McDonnell was claiming that his party and the DUP had a lot of common ground!

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  4. The Dumbs were also the first party with MPs calling for an EU referendum—-Vince Cable 2007– others in 2008.

    Be careful what you wish for!

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  5. Thanks for this Contrary. I love thats its framed as ‘when’ indy happens not ‘if’. Looking forward to input on opportunities from Scotland/England EU border. I’m not an exporter or a direct importer, but surely being a new EU ‘conduit’ will be good for our economy.

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    1. Yeah, me too Annie, it’s the ‘when’ that makes it a rather feel-good event, and I hope it is productive, and doesn’t degenerate with the political input!

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