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Martin J Keatings #Martin4MidScotlandAndFife #AFI2
Today is Valentine's day and that's ironic (not planned) because today we're expecting either to get jilted or going get a Love letter (or Dear John) the Advocate General on the constitutionality of the Scottish Parliament legislating for a second referendum on Independence.
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Martin J Keatings #Martin4MidScotlandAndFife #AFI2 Feb 13
Replying to @ForwardAsOneYes
In case you are not up to speed. We () commissioned an opinion of QC Aidan O'Neill on the constitutionality of the Scottish Parliament legislating for without a section 30 order. This opinion was released in January publicly and can be viewed here:
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Martin J Keatings #Martin4MidScotlandAndFife #AFI2 Feb 13
Replying to @MartinJKeatings
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Martin J Keatings #Martin4MidScotlandAndFife #AFI2 Feb 13
Replying to @MartinJKeatings
On January 31st 2020, our instructing solicitor (Elaine Motion of Balfour + Manson) sent a letter to the Advocate General of the United Kingdom (the UK Governments highest legal adviser in Scotland). It can be viewed here:
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Martin J Keatings #Martin4MidScotlandAndFife #AFI2 Feb 13
Replying to @MartinJKeatings
In a nutshell. The letter provided the Advocate General with a covering letter and a copy of the opinion we had commissioned from Mr. Aidan O'Neill QC, by way of Elaine Motion. It formally requested the Advocate General to either agree with the opinion or disagree with it.
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Martin J Keatings #Martin4MidScotlandAndFife #AFI2 Feb 13
Replying to @MartinJKeatings
It states that if there is disagreement or they do not respond then we will move to seek a judicial review in court for the court to give a formal opinion on the matter. The letter set a period of 14 days in which to respond. That deadline ends today.
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Martin J Keatings #Martin4MidScotlandAndFife #AFI2 Feb 13
Replying to @MartinJKeatings
One of three things will happen today. Either the Advocate General will respond agreeing with the opinion of Mr O'neill. If this is the case then the precedent is set that it would, in fact, be constitutional for the Scottish Parliament to legislate on a second referendum.
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Martin J Keatings #Martin4MidScotlandAndFife #AFI2 Feb 13
Replying to @MartinJKeatings
We believe this will be the least likely outcome, but sometimes strange things happen. The second thing which could happen is that the Advocate General refuses to respond to the letter, in which case counsel is instructed to move to seek a judicial review on the matter.
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Martin J Keatings #Martin4MidScotlandAndFife #AFI2 Feb 13
Replying to @MartinJKeatings
The third thing which could happen is that the Advocate General does respond, but challenges the assertion that it is constitutional for the Scottish Parliament to legislate. In which case, as with a non-response, we will seek to move to judicial review.
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Martin J Keatings #Martin4MidScotlandAndFife #AFI2 Feb 13
Replying to @MartinJKeatings
The response (if it comes) is expected by the close of business today. I will update everyone on the contents of that communication if and when it arrives from the Advocate General.
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Rene Feb 13
Fingers crossed.
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