Category Archives: union flag

Scottish Independence: The future of the Union Flag

The Flag Institute (whose website is here >>> http://www.flaginstitute.org/wp/) has published this survey:-

Scottish Independence: The future of the Union Flag

The Scottish Government intends to hold a referendum of the Scottish electorate, on the issue of independence from the United Kingdom, on Thursday 18 September 2014. The question asked in the referendum will be “Should Scotland be an independent country?”

The Flag Institute is the UK’s National Flag Charity.  We’re interested in your views on how you think a successful independence vote could (and should) affect the flag of the United Kingdom.
1. If Scotland becomes independent, do you think the Union Flag will or will not change?
2. If Scotland becomes independent, do you think the Union Flag should or should not change?
3. What arguments are there for changing the Union Flag following independence? (even if these are not arguments you support)
4. What arguments are there against changing the Union Flag following independence? (even if these are not arguments you support)
5. Not including the existing Union Flag pattern, what new designs do you feel might be worthy of consideration for a post Scottish-independence UK?
6. The current Union Flag is made up of the crosses of St George (England), St Andrew (Scotland), and St Patrick (Northern Ireland). Wales is not independently recognised in the current design of the flag.
If the Union Flag did change as a result of Scottish independence, should the new design include an element which represents Wales? Please explain your choice.
7. Who should decide IF the flag of the United Kingdom should change following Scottish independence.
The UK Government
The Royal Household
The UK Government and the Royal Household together
Citizens of the United Kingdom in a referendum
Other
8. If the decision was made to change the flag of the United Kingdom following Scottish independence, what combination of organisations and methods should be used to best choose the new design? Please choose as many or as few as you wish, or add your own suggestion.
The UK Government
The Royal Household, via the College of Arms
The Flag Institute, operating a public design competition
The Welsh Government
Governments of Commonwealth nations whose flags still include the current Union Flag design
Religious organisations
Other


I have written this to them. What do you think?

Dear Sir,

RE:- Survey : Questions
Scottish Independence: The future of the Union Flag

I was interested to see your above survey but it is unfortunate that you seem to be confused over the legal basis of the Union of the United Kingdom of Great Britain – which, with the greatest of respect to your organisation, shows that you may have been badly briefed by someone who must be ignorant of the relevant basic constitutional legal concepts.

No sensible lawyer would agree that, if Scotland leaves the UK, the “rest of the United Kingdom of Great Britain” is thereafter a concept which continues to have any legal meaning. The words of the Act of Union 1707 are too clear to admit of that interpretation.
 
Here are the words of the Act of Union:-

“ARTICLE 1
THAT THE TWO Kingdoms of England and Scotland shall upon the first Day of May which shall be in the Year one thousand seven hundred and seven, and for ever after, be united into one Kingdom by the name of Great Britain;

ARTICLE III
That the United Kingdom of Great Britain be represented by one and the same Parliament, to be stiled, The Parliament of Great Britain.”

It follows that there will be no automatic UK flag and that if there isn’t fundamental constitutional legislation to preserve some aspects of the Union that the flags will be those of the constituent nations of the UK eg England with the Cross of St George!

Yours faithfully

Robin Tilbrook
Chairman
The English Democrats