|
|
Court date in fight to save regiments
IAN BRUCE
Defence Correspondent
The Herald
December 29 2005
A constitutional appeal by veterans fighting to save the King's Own Scottish Borderers from disbandment and amalgamation is to be heard next month at Edinburgh Sheriff Court.
It follows an earlier ruling by Sheriff Elizabeth Jarvie, in September, that the court at that level was not competent to overturn a decision by Westminster, in the shape of the Ministry of Defence.
The Edinburgh Association of the KOSB launched the legal challenge after the MoD announced plans last year to merge the regiment with the Royal Scots as part of a drastic restructuring of the infantry.
The KOSB claims that a Westminster government does not have the constitutional right to disband a regiment raised by an independent Scottish parliament more than seven years before the Act of Union created the UK in 1707.
The veterans raised their civil action last February, in a petition against Lynda Clark, QC, the government's senior legal representative in Scotland.
They also wrote to Buckingham Palace explaining their stance, but failed to prevent the Queen from granting approval last month for the formation and titles of six large regional regiments, which include the Royal Regiment of Scotland.
The Army intends to incorporate all six of the current Scottish infantry units into the RRS in April, and then amalgamate the KOSB and the RS into a single battalion.
If the sheriff court's ruling is upheld, a veterans' spokesman said the next step would be an action at the Court of Session, which has jurisdiction on constitutional issues.
The Black Watch, RS, KOSB, Royal Highland Fusiliers, the Highlanders and the Argyll and Sutherland Highlanders are due to abandon their distinctive uniforms, tartans and headgear and be forced to wear the same kit and a common cap badge.
|
|
