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Article 7: The Government, Citizens Assembly, Long-Term Planning

Description

The structure and composition of the Executive; restrictions on external or commercial interests; the transparency and registration of lobbyists; the creation of non-government organisations; requirement of a referendum for entering the major obligations, treaties or transfer of governmental powers granted under this Constitution.

Debate

Section 7.1. The Executive power will be invested in the Scottish Government, which will consist of a Cabinet, comprising a First Minister, a Deputy First Minister and Cabinet Secretaries. The Cabinet will be supported by such Ministers as may be required to conduct the government of the state. The Scottish Government will collectively be responsible to Parliament.

4 comments · 16 Aug 2020
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Section 7.2. The First Minister will be elected by Parliament from its Members, by open ballot and a simple majority vote.

6 comments · 16 Aug 2020
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Section 7.3. The First Minister will be elected and appointed within thirty days after each General Election, and within thirty days after the death, resignation, or removal, of the former First Minister. If a First Minister has not been elected during this time, Parliament may be dissolved in accordance with the provisions of Article 4 Section 14.

5 comments · 16 Aug 2020
Debate

Section 7.4. The incumbent First Minister and Cabinet will continue in office in a caretaker capacity following a General Election until a successor is appointed. Following the death, resignation or removal of a First Minister, and until the appointment of a successor, the Scottish Government will act in a caretaker capacity.

1 comment · 16 Aug 2020
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Section 7.5. Cabinet Secretaries and Law Officers will be appointed by the First Minister. All other Ministers will be nominated by Members of Parliament and voted in by a simple majority vote of Parliament.

5 comments · 16 Aug 2020
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Section 7.6. The Scottish Government, subject to the Constitution and the law, will determine all matters of foreign and domestic policy. It will direct the administration, conduct foreign relations and manage monetary and fiscal policies. It may prepare draft legislation, and other business, to lay before Parliament. A majority of Cabinet Secretaries must be present at the meetings when such decisions are made.

3 comments · 16 Aug 2020
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Section 7.7. The administrative officials, subordinate to the Scottish Government, will be recognised as a permanent, professional and non-partisan Civil Service, and will be regulated by the Public Service Commission.

3 comments · 16 Aug 2020
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Section 7.8. Authority over the Armed Forces, subject to the Constitution and law, is vested in the Scottish Government. The prior consent of a two-thirds majority of Parliament is required before a declaration of war may be made, or extra-territorial deployment of troops undertaken. If Scotland is under actual, or imminent, enemy attack, the Scottish Government will undertake all necessary defensive action.

1 comment · 16 Aug 2020
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Section 7.9. Treaties delegating sovereignty powers (legislative, administrative, judicial, military, fiscal or territorial) to a confederation, union, alliance or international body will take effect only if ratified by a majority of Members of Parliament followed by a public referendum achieving a majority vote. All such international commitments must comply with this Constitution and be revocable at any time in accordance with a majority vote in both parliament and a referendum.

3 comments · 16 Aug 2020
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Section 7.10. The Cabinet will appoint an executive quorum to provide an informed response to any significant or emergency situation when Parliament is not in session.

1 comment · 16 Aug 2020
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Section 7.11. Non-government organisations will operate under the direct authority of the office of the responsible Cabinet Secretary.

2 comments · 16 Aug 2020
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Section 7.12. The Scottish Government may engage expert advisors from outwith Parliament and also appoint Parliamentary Commissions and Boards of Enquiry which may include expert advisors in order to investigate and report on particular decisions or aspects of policy, legislation, or administration. Their composition, duration and terms of reference will be specified by a parliamentary resolution having particular regard to the principles in Article 7.14 and the exclusion of any person having potentially conflicting interests.

2 comments · 16 Aug 2020
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Section 7.13. All Cabinet members are required to provide Parliament with a yearly report outlining an account of matters falling under their authority.

1 comment · 16 Aug 2020
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Section 7.14. On appointment to a cabinet or a ministerial post, any existing commercial obligations or contract of service must be declared and settled or unconditionally terminated. All shares or investments in commercial organisations owned by the appointee must be declared and will be held in escrow for the duration of the appointment, and for a further period of six months after leaving office.

2 comments · 16 Aug 2020
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Section 7.15. A Lobbying Commission will secure transparency between elected representatives & public servants and all privately owned commercial, financial and advisory bodies. Entities conducting business in Scotland which enjoy rights, freedoms and protections under this Constitution are equally bound to observe their financial and moral obligations whether specified or implied. Parliament shall be alert to these principles when drafting the legislation requiring formal registration of all such special interest groups.

2 comments · 16 Aug 2020
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Section 7.16. There will be a Consultative Citizens Assembly to advise and assist Parliament and the Scottish Cabinet on matters of legislation and policy or matters of contentious concern under terms prescribed in law. The Consultative People’s Assembly will consist of members appointed in the manner prescribed by law to represent society on a vocational and functional basis.

7 comments · 16 Aug 2020
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Section 7.17. The Scottish government will commission twenty-five and fifty-year national infrastructure master plans covering every aspect of national development. These plans will be updated every ten years. The master plans will also incorporate all relevant issues currently included in local authority area and local development five and ten-year plans.

5 comments · 16 Aug 2020

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