Government, Legal, Scotland

Scotland’s EU Continuity Bill now being tested in Supreme Court

SCOTLAND: BREXIT

THE highest court in the UK has been urged to strike down the SNP’s Brexit legislation because it relates to international powers which are not devolved to Holyrood.

A legal battle between the Scottish and UK Governments is underway in the Supreme Court. It could have huge ramifications for Theresa May’s Brexit plans.

The UK’s top law officers argued that the SNP’s Continuity Bill, which has been passed by a majority of MSPs in the Scottish Parliament, “cannot stand” because it is “fundamentally inconsistent” with the law.

But the Scottish Government’s top legal officer insisted that the Bill was “carefully framed” not to cut across EU laws and was modelled on the UK Government’s Withdrawal Bill.

The case was called after the SNP opted to press ahead with its own Brexit legislation following its decision to refuse to give consent to Mrs May’s Bill.

The legislation was fast-tracked through parliament, despite Holyrood’s Presiding Officer Ken Macintosh concluding that it was “not within the legislative competence of the parliament”.

The Supreme Court is considering the issue after UK law officers asked for a judgment. The case is continuing, with a verdict expected in October.

Presenting the UK case, Advocate General for Scotland Lord Richard Keen told the seven judges considering the matter that “the Scottish Bill as a whole cannot stand”.

He told the panel, including Supreme Court president Lady Hale and deputy president Lord Reed, that the Bill “impermissibly modifies the UK Act on withdrawal from the EU” and is “fundamentally inconsistent” with legislation passed by MPs.

He argued that the Continuity Bill was “directly inconsistent with the UK Act at the most basic of levels” and that “the two simply cannot stand together”.

The UK law officers’ written case states: “The Scottish Bill is not law because it relates to the reserved matter of international relations as defined in Section 7 (1) of Schedule 5, and is therefore outside of competence.”

The UK Bill was given Royal Assent on June 26 and became the European Union (Withdrawal) Act 2018.

The law officers say that the Scottish Bill was passed “without knowledge” of the outcome of negotiations between the UK Government and the EU.

In his written case, Scottish Lord Advocate James Wolffe said: “The purpose of the Scottish Bill is to promote legal certainty by making provision for the continuity within the domestic legal system of existing EU-derived law upon and following withdrawal.”


HOLYROOD’S Brexit Bill is “perfectly practical”, the Lord Advocate told the UK Supreme Court as the Scottish Government continued its unprecedented constitutional battle with Whitehall.

In the second and final day of the court hearing in London, James Wolffe rejected the UK Government’s main contention that, by Passing Edinburgh’s Continuity Bill, the Scottish Parliament was in some way trying to cut across Westminster’s authority in international relations.

He argued that the Scottish bill was not incompatible with EU law, which was based on the principles of “legal certainty and continuity”.

The Lord Advocate said the Holyrood legislation only impacted on the “domestic legal order” and so could not affect the UK’s negotiations with Brussels.

Crucially, Mr Wolffe told the court the Scottish legislation had been passed by MSPs several months before the UK Government’s flagship EU Withdrawal Bill became law, noting: “It was not intended to modify the UK bill and could not do so.”

On the first day of the hearing, Lord Keen of Elie, Advocate General for Scotland, leading for the UK Government, argued that “any reasonable consideration” of the Scottish bill and the UK act showed the former sought to modify, that is undermine, the latter and so the “two simply cannot stand together” as they produced two “dual but inconsistent regimes” in respect of retained EU law.

But the Lord Advocate’s points were supported by Michael Fordham for the Welsh Government, who claimed the UK Government’s contention that the Scottish bill would cut across Whitehall’s reserved powers on international relations was “wrong and incoherent”.

He said the UK’s argument that devolved administrations could not legislate in devolved areas currently managed by the EU because they touched on international treaty negotiations was an “extravagant claim which has very alarming logical implications”.

He explained that this would have the effect of restricting the powers of devolved parliaments even after Brexit and EU law was transferred on to the UK Statute Book.

John Larkin, the Northern Irish Attorney General, also argued that the Scottish bill was “within the legislative competence of the Scottish Parliament”.

But, in response, Lord Keen suggested it was “unjustified” for devolved governments to expect that all devolved powers should be handed over after Britain left the EU because, when the devolution settlement was drawn up 20 years ago, no one could have predicted Brexit.

He said it was “not open to the Scottish Government and the Scottish Parliament to assume that no new legislative constraints” would be introduced because of Britain leaving the EU.

He claimed the Continuity Bill was “fundamentally inconsistent” with the purpose of the UK act and that the confusion over which Parliament had jurisdiction over which European regulations would result in the undermining of the UK Government’s Brexit strategy.

Seven judges of the Supreme Court, including two Scottish judges, will now spend the summer considering their ruling. If they were to find for the Scottish Government, then this would mean the Continuity Bill would receive royal assent and become law.

However, this would mean there would be two competing pieces of legislation on the statute book, which would likely result in the matter returning to the Supreme Court to determine which act took precedence.

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Google, Government, Islamic State, Research, Society, Technology

Jihadi propaganda still active on YouTube

RESEARCH STUDY BY CEP

A study has revealed that YouTube repeatedly fails to remove jihadist videos within two hours of them being posted – because of “staggering holes” in its monitoring.

It found that the Google-owned video sharing site missed its target for taking down Islamic State films in one in four cases.

Dozens of terrorist-propaganda and recruitment videos were left for public viewing for more than three days at a time, clocking up tens of thousands of views, according to the three-month study by the Counter Extremism Project (CEP).

Disturbing, too, is that six in ten of the IS supporters who posted the hate videos were not even banned from the site and their accounts remain active.

The failings come after YouTube rejected an offer of free technology to instantly block any previously identified extremist content, preferring to develop its own system that it says deletes millions of banned videos before they are seen.

At the G7 summit in October last year, YouTube joined with Facebook, Twitter and Microsoft in an accord aimed at removing extremist content from their platforms within two hours.

But in the first in-depth independent study of IS videos on YouTube, the CEP found this was not happening because of “inexcusable” holes in the service’s monitoring system. Researchers found 229 previously identified terror videos were uploaded 1,348 times and viewed on 163,000 occasions over three months from March 8 to June 8, with 24 per cent left on the site for more than two hours.

They included the film Caliphate 4 – uploaded six times during the trial period – in which a terrorist taunts former soldier Prince Harry.

Another video called Hunt Them O Monotheist was uploaded 12 times during the study and on one occasion allowed to remain for 39 hours.

Computer scientist Dr Hany Farid, from Dartmouth College in the US, who developed a system that stops child abuse films being uploaded, created a similar program that instantly identifies and removes terror videos.

YouTube, Facebook and Google were all offered the eGlyph system free by the CEP in 2016 but decided not to use it.

Dr Farid said it was “infuriating” that companies worth billions refused to implement systems that could instantly stop jihadist videos. “Spectacular failures are allowing terror groups to continue to radicalise and recruit online,” he added.

Former Conservative Party minister Mark Simmonds, now a senior adviser to CEP, said: “This study dispels any lingering myth that YouTube are doing enough to stop their site being used as an IS recruitment tool.

“The research shows that YouTube are not even meeting their own promise to delete all extremist content within two hours. For them to fail in a quarter of all cases, with much of the content still available three days or more after first being uploaded, is unacceptable.”

He added: “Even videos that stayed online for less than two hours received a total of nearly 15,000 hits – any one could become a potential terrorist.

“It is staggering and inexcusable that well over half of the IS supporters who upload this dangerous content are not even banned and their accounts remain active . . . spreading IS propaganda and grooming potential recruits.”

Google said it “rejects terrorism and has a strong track record of taking swift action against terrorist content”.

A spokesman added: “We’ve invested heavily in people and technology to ensure we keep making progress to detect and remove terror content as quickly as possible.

“We’re a founding member of the Global Internet Forum to Counter Terrorism, which sees tech companies collaborate to keep terror content off the web.”

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Medical, Research, Science

Breakthrough as vaccine is made possible for Multiple Sclerosis

MEDICAL RESEARCH

SCOTTISH doctors believe they have found the cause of Multiple Sclerosis (MS), paving the way for a vaccine against the devastating condition.

A landmark paper suggests MS develops following two separate common infections, which cause the body to attack itself.

Other factors, such as genetics and lack of sunlight, may also play a role, which explains why MS is more common in certain areas such as the North of Scotland.

But doctors behind the latest discovery believe the development of a vaccine against a common virus may hold the key in future prevention of the disease. The research was published by doctors from the University of Glasgow and Harvard University in the United States.

There are 11,000 Scots with MS, making the disease more common than in most other countries.

The neurological condition is triggered when the immune system, which normally fights infection, attacks nerves, causing pain, fatigue, vision problems and spasms.

But what causes the body to begin attacking itself has never been identified, despite more than 100 years of research.

It has been suggested the disease could be caused by lack of sunlight as it is more common in northern countries.

The latest research claims two common infections – firstly threadworms followed by the Epstein-Barr virus – may be the trigger. The scientists believe MS is a “rare complication” of the body’s response to the infections.

Professor John Paul Leach, consultant neurologist at the University of Glasgow, said: “MS is a condition where the body produces antibodies against itself for reasons that have never been understood and goes against its own nervous system.

“It is odd that we have never found out why some people are more prone than others.

“There is already some evidence that exposure to the Epstein-Barr virus makes it more likely someone will develop MS, but this does not offer the full explanation of why people develop this reaction.

“MS may be the result of not one but two infections in the right order.”

The research was led by Dr Patrick Kearns of the Chan School of Public Health at Harvard, who developed his theory while studying at the University of Glasgow.

Although keen to point out their hypothesis is only a theory, they now plan further research.

In MS, the immune system attacks the layer that surrounds and protects the nerves which damages them, meaning messages become slowed or disrupted.

Threadworms affect around one sixth of the world’s population and are a parasitic infection affecting the gut, common in children.

The Epstein-Barr virus is one of the most common viruses in humans and is the cause of glandular fever, although many people only suffer mild symptoms.

Dr Kearns said: “MS is a terrible condition but there is a fascinating aspect about it which is that its distribution around the world has been really well studied, so it’s easy to compare rates between regions.

“It also affects people when they are young, and rates are increasing, which means some aspect of the environment has to be changing that’s driving the disease.

“Some evidence has found high rates of MS in areas where there were military troops stationed in the Second World War, such as the Faroe Islands and Shetland.

“I believe the missing link may be threadworm infection. This is a very common condition in children and is also common in soldiers living in barracks. In areas where soldiers were billeted during the war it would have spread to local populations.

“There is already a strong and undeniable link between the Epstein-Barr virus and MS. I believe that what may be causing MS is a rare, late complication of exposure to these two infections.

“It may be a good idea for public health officials to treat worms at a population level. But the real benefit would be developing better tools to target the Epstein-Barr virus with a vaccine or drugs.”

Factors such as lack of sunlight or vitamin D have previously been suggested as triggers for MS.

But Dr Kearns believes the evidence for these is “not very strong” and does not fully explain the differences in MS rates around the world. However, he said some people may be more susceptible than others due to genetic factors.

There is currently no cure for the condition, but some treatments can slow its progress.

The research was first published in the journal Multiple Sclerosis and Related Disorders.

Dr Sorrel Bickley, head of biomedical research at the MS Society, said: “This study puts forward an interesting idea and we look forward to seeing how this could be proven or disproven.

“MS is unpredictable and different for everyone and we urge anyone concerned about symptoms to speak to their GP.”

 

MULTIPLE Sclerosis is a neurological disease that can affect the brain and spinal cord.

The condition’s symptoms are wide-ranging and can include problems with vision, arm or leg movements, sensation or balance.

In some cases, the disease can be mild but in others it can cause serious disability.

Average life expectancy is reduced in people with MS.

The immune system attacks the layer that surrounds and protects the nerves – the myelin sheath. This then damages and scars the sheath, and potentially the underlying nerves, meaning that messages travelling along them can become slowed or disrupted.

This can cause a range of symptoms including fatigue, difficulty walking, vision problems, numbness or tingling in different parts of the body and muscle stiffness and spasms.

Symptoms may come and go in phases, known as relapsing remitting MS, or get steadily worse over time.

Roughly between two and three women have MS for every man with the condition. In Scotland the rate is about 209 MS patients per 100,000 population compared to 164 per 100,000 in England.

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