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PE01791: Referendums (Scotland) Act 2020

Parliament Government

Petitioner: Mike Fenwick


Date Lodged: 12 March 2020

Calling on the Scottish Parliament to urge the Scottish Government to recognise and respond to concerns that Section 39 of the Referendums (Scotland) Act 2020 establishes a legal challenge, namely that it breaches protections afforded by the Human Rights Act 1998.  

The series of short videos which relate directly to this Petition, but more generally to the systems used for voting in Scotland, can be found on Facebook

I comment as the Petitioner. The Human Rights Act, referred to in the Petition establishes a base line against which the treatment of any individual may be established as correct or incorrect, it presupposes each individual should be accorded their rights on a equal basis. I am not a lawyer, but would ask the Petitions Committee to be aware of the legal precedents in support of that statement from these cases: R v Secretary of State for Education and Employment, Ex p Begbie, R - On the application of Gallaher Group Ltd and others v The Competition and Markets Authority, Matadeen v Pointu R - O'Brien v Independent Assessor Any departure from the equality of treatment of an individual when being addressed under judicial review must be treated with the greatest care, or be open to legal challenge, supported by legal precedent. PS: The restriction on the characters allowed in these posts prevents me from stating the legal cases as they should appear.

Mike Fenwick

13:42 on 09 Mar 2020

Hightly concerned that this Bill does not recognise any difference between constitutional matters and other referendum subjects. It seems to treat citizens and non-citizen residents at equa status, when EU legislation only secured that position for region decisions without National implications. Further it allows a simple majoiry to decide all matters regardless of any constitutional implications.contrary to most international convention.

Ian Anderew Tully

11:23 on 29 Feb 2020

We have a right to choose our future path.

Barbara Reid

10:37 on 16 Feb 2020

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