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Today Scotland's interests in the European Union are represented by the UK which, as one of the largest Member States, has the voting power and leverage to influence decisions to the benefit of Scotland. In leaving the UK, a separate Scotland would lose this advantage. A separate Scotland is likely to have its application to join the EU accepted - but not within the self-imposed timetable of 18 months, nor with the terms, that the Scottish Government is proposing. The proposal that Article 48 of the Treaty on European Union could be used to provide for Scottish membership is not supported by any other EU state; senior EU figures have ruled it out and it is opposed by the United Kingdom Government - which would, under this process, have to initiate it. The additional and exceptional demand for the ability to discriminate against UK students with respect to tuition fees would be voted against by the UK Government and is therefore almost certain not to be met. Furthermore, insufficient attention has been paid to the need to negotiate the UK's retention of VAT zero rating on a wide range of goods. As a separate Member State, not only would Scotland cease to benefit from the UK rebate (currently worth in the region of £300 million per year to Scotland) but it would have to contribute to it. In these circumstances Scottish voters need a more realistic alternative perspective of how joining the EU would be achieved, and what its likely terms and timetable would be.
This inquiry investigates key issues that affect the daily lives of those people who live in the south of Scotland. The Committee held informal seminars in Galashiels, Peebles and Dumfries, in May and June 2014, in order to identify the key issues facing businesses, communities and individuals in the south of Scotland. Several of the issues raised in the meetings focused on the social and economic needs of the residents of the south of Scotland, many of which related to devolved functions which are the responsibility of the Scottish Government. However, some crucial issues were raised which were a direct consequence of the policies and responsibilities of the UK Government, specifically for example, in relation to employment issues. The inquiry will seek to examine the bigger picture, and to address two central questions: i) Are the current structures working as effectively as they could for the benefit of the people of the south of Scotland? ii) How can the UK and Scottish Governments work together with Local Authorities to deliver appropriate and effective policies to support economic development and growth in the south of Scotland?This document sets out the specific terms of reference for the inquiry, raising questions and issues on which the Committee would welcome written evidence.
The September 2014 Scottish independence referendum was an event of profound constitutional and political significance, not only for Scotland, but for the UK as a whole. Although Scottish voters chose to remain in the UK, the experience of the referendum and the subsequent political reaction to the 'No' vote that triggered significant reforms to the devolution settlement have fundamentally altered Scotland's position within the Union. The extraordinary success of the Scottish National Party at the 2015 General Election also indicates that the territorial dimension to UK constitutional politics is more prominent than ever, destabilising key assumptions about the location and exercise of constitutional authority within the UK. The political and constitutional implications of the referendum are still unfolding, and it is by no means certain that the Union will survive. Providing a systematic and academic analysis of the referendum and its aftermath, this interdisciplinary edited collection brings together public lawyers, political scientists, economists, and historians in an effort to look both backwards to, and forwards from, the referendum. The chapters evaluate the historical events leading up to the referendum, the referendum process, and the key issues arising from the referendum debate. They also explore the implications of the referendum both for the future governance of Scotland and for the UK's territorial constitution, drawing on comparative experience in order to understand how the constitution may evolve, and how the independence debate may play out in future.
There will always be those who lose out when a company goes into administration and cannot cover all of its debts. However, the current system does not represent the appropriate balance, since those who have given secure credit to a company are cushioned from the full impact of an insolvency, because the losses are borne by those who work for a company on a self-employed basis, or as contractors or suppliers. Under the current rules it is clearly in the financial interest of a company to break the law, and ignore the statutory redundancy consultation period, if the fine for doing so is less than the cost of continuing to trade, especially since this fine will anyway be paid by the taxpayer. However, while the financial calculation is simple, ignoring the consultation period has a high human cost that appears not to have featured in the decision making process at City Link. Employees were denied a reasonable notice period in which to seek alternative employment and instead, at a time of financial uncertainty, have to pursue a court claim for lack of consultation if they wish to be compensated. While there were differences of opinion as to whether or not City Link could be made viable, and the desired level of return could be achieved, the Committees regret that Better Capital felt its investors' interests could only be protected at the expense of the future of City Link and continued employment for its workers
In this report the Committee has set out key elements of its work over the 2010-15 Parliament. The Committee believes that it is crucial that select committees follow up their work and do not simply see the publication of a report as the end of the process of scrutiny. Scrutiny should not end with the Dissolution of Parliament. The Scottish Government was clear that the 2014 referendum on independence would be a once generation event, but that does not mean that the relationship between Scotland and the rest of the United Kingdom will remain unchanged. The recommendations of the Smith Agreement will be implemented during the course of the next Parliament. The major package of legislation, and the revised fiscal framework that will accompany it, will require careful and detailed scrutiny, as will any proposals to go further that the Smith Commission envisaged.
The Committee calls once more for a clear commitment from the Scottish Government that it will use its chosen method of mitigating the effects of the bedroom tax - Discretionary Housing Payments or DHPs -- to mitigate all the financial impact of the bedroom tax, both past and present, on tenants in Scotland. The Government confirmed in a letter to the Committee, from David Mundell MP, that Scottish Ministers will be allowed to set the statutory cap on DHPs in Scotland, allowing them to increase the amount paid through DHPs to cover all of the loss caused by the bedroom tax if they choose to. The Committee welcomes this, and the Scottish Government's commitment to make additional funding available for mitigation. The Committee says both Governments should expedite the necessary procedures which will enable the Scottish Government to lift the cap on DHPs in Scotland as quickly as possible.
This is the third report from the Scottish Affairs Committee on blacklisting in the construction industry in Scotland. The earlier interim reports published as 9th report, session 2012-13 (HC 1071, ISBN 9780215056832) and 6th report, session 2013-14 (HC 543, ISBN 9780215069535). The 9th report focused specifically on the work of The Consulting Association (TCA) and considered the issue of compensation for those workers who had been blacklisted. Significant progress has been made in highlighting and addressing issues relating to blacklisting: the Information Commissioner's Office (ICO) has launched its own investigation; many victims of blacklisting are bringing individual case to the High Court and a new compensation scheme, the Construction Workers Compensation Scheme (TCWCS), for blacklisted workers has been launched by eight of the companies that used the services of TCA. The 6th report aimed to identify ways of moving forward, both by addressing the crimes of the past and by identifying rules and structures to prevent such widespread and systematic exclusion of workers from employment from ever happening again. In this third interim report the Committee welcomes the significant progress which has been made in both revealing the practice of blacklisting, and in seeking redress for the victims, and families of the victims, of this odious practice. The Committee will continue to explore what more could be done to redress the crimes of the past and to ensure that reform in the industry to eradicate this practice is genuine, effective and comprehensive in its effects.
An up-to-date, user-friendly guide to the subject of commercial law as it operates in Scotland, this book is intended primarily for students on commercial law, mercantile law or business law courses. It should also be useful for postgraduate courses and for practitioners
The idea of The Fingerprint Sourcebook originated during a meeting in April 2002. Individuals representing the fingerprint, academic, and scientific communities met in Chicago, Illinois, for a day and a half to discuss the state of fingerprint identification with a view toward the challenges raised by Daubert issues. The meeting was a joint project between the International Association for Identification (IAI) and West Virginia University (WVU). One recommendation that came out of that meeting was a suggestion to create a sourcebook for friction ridge examiners, that is, a single source of researched information regarding the subject. This sourcebook would provide educational, training, and research information for the international scientific community.
Sets out the Government's response to the 104 recommendations made in the Commons Science and Technology Select Committee report of their year long inquiry into options for the future regulation of human reproductive technologies in the UK.