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SNP publishes first draft of Scottish constitution SNP publishes first draft of Scottish constitution
(35 minutes later)
A draft of the first constitution for an independent Scotland, legally enshrining the sovereignty of the Scottish people but with the Queen as head of state, has been published by Nicola Sturgeon, Scotland's deputy first minister.A draft of the first constitution for an independent Scotland, legally enshrining the sovereignty of the Scottish people but with the Queen as head of state, has been published by Nicola Sturgeon, Scotland's deputy first minister.
The constitution commits the country to enshrine the European convention on human rights in law, tackle climate change and ensure the safe, "expeditious" removal of Trident nuclear weapons.The constitution commits the country to enshrine the European convention on human rights in law, tackle climate change and ensure the safe, "expeditious" removal of Trident nuclear weapons.
It would be the first written constitution for any part of the UK. Its opening line is: "In Scotland, the people are sovereign."It would be the first written constitution for any part of the UK. Its opening line is: "In Scotland, the people are sovereign."
The constitution, released on Monday for consultation in a draft independence bill, is designed to be a temporary "skeleton" version that would come into force if Scotland became independent in March 2016. The constitution, released on Monday for consultation in a draft independence bill, is designed to be a temporary "skeleton" version that would come into force if Scotland becomes independent in March 2016.
It confirms that the saltire will continue to serve as the national flag of Scotland and that the choice of national anthem will be made by the Scottish parliament.It confirms that the saltire will continue to serve as the national flag of Scotland and that the choice of national anthem will be made by the Scottish parliament.
The consultation will close a month after the independence referendum on 18 September, only being brought forward to the Scottish parliament if there is a yes vote.The consultation will close a month after the independence referendum on 18 September, only being brought forward to the Scottish parliament if there is a yes vote.
Sturgeon said the document was an essential part of the Scottish government's blueprint for independence and would be the first written constitution for any part of the UK. Britain, unlike other comparable countries has no codified political system. Sturgeon said the document was an essential part of the Scottish government's blueprint for independence and would be the first written constitution for any part of the UK. Britain, unlike other comparable countries, has no codified political system.
"We in the Scottish government are clear that the constitution – with a capital 'C' as it were – is fundamental to, and not different from, the range of issues with which governments deal day in and day out," she said in a speech at Edinburgh University."We in the Scottish government are clear that the constitution – with a capital 'C' as it were – is fundamental to, and not different from, the range of issues with which governments deal day in and day out," she said in a speech at Edinburgh University.
The Scottish government's white paper on independence, published in November, had said: "The constitution of a country defines who makes decisions on behalf of its people and how the people choose those decision-makers and influence their decisions. A constitution is the basis of everyday life, not separate from it."The Scottish government's white paper on independence, published in November, had said: "The constitution of a country defines who makes decisions on behalf of its people and how the people choose those decision-makers and influence their decisions. A constitution is the basis of everyday life, not separate from it."
She said the outline constitution would be short-term measure, and would be replaced by a full, permanent constitution written by an independent constitutional convention in the years following the first elections in 2016 of the independent Scottish parliament. She said the outline constitution would be a short-term measure, and would be replaced by a full, permanent constitution written by an independent constitutional convention in the years following the first elections in 2016 of the independent Scottish parliament.
Sturgeon said enshrining the sovereign will of the people gave legal meaning to the nationalists' major complaint about the structure of the UK, where parties without a mandate from Scottish voters could make laws which affected them.Sturgeon said enshrining the sovereign will of the people gave legal meaning to the nationalists' major complaint about the structure of the UK, where parties without a mandate from Scottish voters could make laws which affected them.
She said a full constitution would embody "the values of the nation", secure citizen's rights and provide "a clear distinction between the state and the government of the day, and guarantees a relationship of respect and trust between the institutions of the nation and its people." She said a full constitution would embody "the values of the nation", secure citizens' rights and provide "a clear distinction between the state and the government of the day, and guarantees a relationship of respect and trust between the institutions of the nation and its people".
The document also promises to:The document also promises to:
• protect and enhance the environment • protect and enhance the environment.
• take particular account of the needs of Scottish islands • take particular account of the needs of Scottish islands.
• observe international law in its foreign policy • observe international law in its foreign policy.
• give Scottish citizenship to anyone habitually resident in Scotland and with a UK passport, or to the children of Scottish citizens, and • give Scottish citizenship to anyone habitually resident in Scotland and with a UK passport, or to the children of Scottish citizens.
• guarantee to safeguard and support the wellbeing of children, defined as those under 18.• guarantee to safeguard and support the wellbeing of children, defined as those under 18.
However, the document fails to enact measures promised by ministers, including ruling out further nuclear power stations in Scotland, or propose concrete steps to cut climate emissions. It rules out Scotland having a new supreme court – giving the current judiciary greater power to set and decide law, and does not promise to veto using nuclear weapons in Nato. However, the document fails to enact measures promised by ministers, including ruling out further nuclear power stations in Scotland, or to propose concrete steps to cut climate emissions. It rules out Scotland having a new supreme court – giving the current judiciary greater power to set and decide law, and does not promise to veto using nuclear weapons in Nato.
It also confirms repeatedly that Scottish law is subject to the European courts and international law. It does not set out any new or special protections for religious faiths beyond a general right to equality.It also confirms repeatedly that Scottish law is subject to the European courts and international law. It does not set out any new or special protections for religious faiths beyond a general right to equality.
The Scottish government had originally ruled out publishing a draft constitution until after a yes vote and the 2016 Scottish election, to avoid complex and divisive disputes between different interest groups and lawyers.The Scottish government had originally ruled out publishing a draft constitution until after a yes vote and the 2016 Scottish election, to avoid complex and divisive disputes between different interest groups and lawyers.
But, with opinion polls suggesting the race is now tightening, the yes campaign is now driving hard to win centre-left votes and believes a promised constitution could influence wavering voters.But, with opinion polls suggesting the race is now tightening, the yes campaign is now driving hard to win centre-left votes and believes a promised constitution could influence wavering voters.