Implications of Foreign Jurisdictions (EU) in Scotland: FOI release

FOI reference: FOI/17/02017
Date received: 1 September 2017
Date responded: 11 September 2017

Information requested

A) does the Scottish Government recognise the declassified documents released under the 30 year rule such as;

• 'The Kilmuir Letter' in 1960 and;
• 'FCO 30/1048 in 1971 - 73

as being factual?;

B) Since the Maastricht Treaty was given effect in 1992, whereby under Article 8 of that Treaty the subjects of the United Kingdom including the Monarch were given a compulsory EU Citizenship "subject to the duties imposed thereby";

• What is the status of the Oath sworn by both MPs, MSPs and other likewise public services to the current holder of the Office of Sovereign?;

C) Does the Scottish Government hold any information in regards to the breach of Articles III and XVIII of the Treaty of Union in 1992 with the ratification of the Maastricht Treaty?

D) Can the UK including Scotland be under the jurisdiction of a foreign source of governance without any constitutional implications;

• Whilst the Declaration of Rights, as opposed to the English Bill of Rights and Scottish Claim of Right in 1689, sealed by his royal highness William Henry in 1688 is still in force and indicates its purpose "for preserving the Protestant religion, and for restoring the laws and liberties of England, Scotland, and Ireland." and dictates "...That no foreign prince, person, prelate, state, or potentate hath, or ought to have any jurisdiction, power, superiority, pre-eminence, or authority, ecclesiastical or spiritual, within this realm . . . forever";

• Whilst the Act of Settlement 1700 remains in effect, and states that "no person born out of the Kingdoms of England, Scotland, or Ireland, or the dominions thereunto belonging . . . shall be capable . . . to enjoy any office or place of trust, either civil or military",

E) is there any constitutional implications or issues of Scotland becoming an 'independent country' within the single European Union state/potentate?;

F) can the European Union's leaders continue with plans to form an EU Military as laid out in the public document-: 'SDI: Overview of the accelerating EU absorption of the British Military to form the EU Military and a 'nuclear defence shield'? (See: Strategic Defence Briefing 25 Jan 2017)

G) By the recognition of the Claim of Right Act 1689, which clarifies "That the Imposeing oathes without authority of Parliament is Contrair to law" did the Maastricht Treaty also infringe that constitutional statute when subjecting the Monarch of the United Kingdom to a citizenship under a foreign jurisdiction as a mere citizen contrary to the Coronation Oath Act 1688?

H) Since what has now happened under the provisions of the Maastricht Treaty, in the infringements of Articles III and XVIII, would the Act of Union be null and void?;

• and would the United Kingdom cease to exist as well as the authority of the Parliament at Westminster which was spawned by the Act of Union?

I) Since the invocation of Article 61 on the 23rd of March 2001, has the Westminster parliament and subsequently all devolved authority remained deposed legally by a properly constituted barons' committee? Or has the Invocation of Article 61 as reported by the Telegraph (see: Article - Peers petition Queen on Europe 24 March 2001) been revoked?

Response

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have some of the information you have requested. Please see below for further details.

A,B,D,F,G,H&I) FOISA gives you a right to request recorded information which is held by the Scottish Government at the date when you make your request. As you have asked for advice on matters which are outside the legislative competence of the Scottish Government, rather than recorded information which the Scottish Government holds, it is not a valid FOI request and so we are not obliged to respond to it under FOISA.

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

C) While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested. The reason why this information is not available is because after extensive searches of our records, we can confirm that the Scottish Government does not hold any information in regards to the breach of Articles III and XVIII of the Treaty of Union in 1992 with the ratification of the Maastricht Treaty.

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

E) The Scottish Government set out its proposals for an independent Scotland and membership of the European Union before the independence referendum of 2014 in Scotland's Future

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