Constitution for Scotland Public Consultation Hub

Schedule 1. All persons require to undertake an oath or affirmation before undertaking the duties of an office, such as a position in government and other public organisations, to act impartially, or to affirm loyalty. The wording of the oath or affirmation may vary dependent upon the duties to be carried out. The wording will however commit the individual to serve and abide by the Constitution and laws of Scotland. An oath of office or duty is required by: The Head of State, Cabinet Ministers, Members of Parliament, Judges, New Citizens and all other persons holding public office under this Constitution.

Proposed Amendments to Section

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Original Version

  • Avatar admin
    Administrator #1  •  2020-08-16 23:02:29

    Schedule 1. In many positions within our society a person requires to undertake an oath or affirmation before undertaking the duties of an office, such as a position in government and other organisations, to act impartially, or to affirm loyalty. The wording of the oath or affirmation may vary dependent upon the duties to be carried out. The wording will however commit the individual to serve and abide by the Constitution and laws of Scotland. An oath of office or duty is required by: The Head of State, Cabinet Ministers, Members of Parliament, Judges, New Citizens and all other persons holding public office under this Constitution.

    No votes  |  I agree 0 I disagree 0
    No responses

Proposed Amendment to Schedule 1.

  • NSCNICK

    Schedule 1. All elected and prospective representatives should not use misleading statements or insinuations unless substantiated by fact. (There isn't a specific article similar to 12.13. that I could find). I was concernd the same as Marilyn above. Or words to the effect of not allowed to tell lies in order to gain electoral or personal advantage. Persons found to have done so should be subject to the recall procedure, the telling of lies for political purposes should not be permitted.

    1 vote  |  I agree 1 I disagree 0
    No responses

Proposed Amendment to Schedule 1.

  • Marilyn Sangster

    Schedule 1. Schedule 1: Oath of Office or Duty
    Definition of Loyalty
    No individual can stand for Regional or Local office who does not pay all their taxes from earned and unearned income in Scotland.

      • Caledonialan

        Schedule 1. This is a bit ambiguous. Is it intended to mean that all taxes from (worldwide) income must be paid in Scotland or that all taxes must be paid on income accrued in Scotland? International tax law is complex. Some countries tax worldwide income, others only income accrued within their territory, and there are complex compensatory arrangements. Such a provision would have to be thought through very carefully, and its implications thoroughly analysed.

          • Arfem

            Schedule 1. Tax accountants & lawyers would still be lucrative professions whatever words were found to put in an oath or the Constitution. The level of disgraceful financial behavior tolerated by an elected government is directly proportional to what its electors are prepared to put up with. The Constitution can however help keeping a grip on financial jiggery-pokery by adopting principles outlined in Article 8.

            No responses
      • worstludditeever

        Schedule 1. If someone has lived elsewhere, and has savings/pensions elsewhere as a result, then naturalises as a Scot, there can be tax to be paid both in the UK and in the region where funds are held. Undeclared foreign holdings, particularly those in "Tax Havens" do need to be addressed, but there can be legitimate reasons why people might also hold some monies abroad (particularly where they might still have family etc). Maybe the object should be to ensure there is no financial benefit to holding funds abroad, and ensuring that the major financial interests are in Scotland.

        I don't disagree with addressing the problem, but with due consideration to the reasonable cases where it is not quite that simple.

        No responses

Proposed Amendment to Schedule 1.

  • Avatar admin
    Administrator #1  •  2020-08-20 17:59:16

    Schedule 1. All persons require to undertake an oath or affirmation before undertaking the duties of an office, such as a position in government and other public organisations, to act impartially, or to affirm loyalty. The wording of the oath or affirmation may vary dependent upon the duties to be carried out. The wording will however commit the individual to serve and abide by the Constitution and laws of Scotland. An oath of office or duty is required by: The Head of State, Cabinet Ministers, Members of Parliament, Judges, New Citizens and all other persons holding public office under this Constitution.

      • Liz g

        Schedule 1. Here is a very great danger.
        We cannot assume that Elizabeth Windsor will happily swear our oath.
        We can assume that there will be a reunification campaign.
        We do not/ will not have the consent of the people of Scotland to make different arrangements for the head of state in the early days.
        We know that if the British State cannot rule they wreak.
        We have seen the seeds of such things already.
        Therefore
        This oath thing seems simple....but it only seems simple , we must tread lightly on it , and keep in mind that Elizabeth Windsor will not reign long now and if we get it right our Constitution will be flexible enough to cope.
        Our only immediate concern could be the words " Heirs and Successors " keep that out of the Constitution and we've not only time , we've stayed in keeping with the Declaration of Arbroath's instruction to find a suitable King....

        No responses

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