Law and Rights
The Scottish Government has now issued - "A consultation on Scottish proposals for a referendum on independence." This appears to have been prompted by the earlier UK Government consultation paper - "Scotland's Constitutional Future."
In the Scottish paper, the question proposed is "Do you agree that Scotland should be an independent country?" Yes / NO. This question has been criticised as "loaded and biased" - The Telegraph 26th January. Interestingly, the Scottish paper states that the Scottish Government is "ready to work with the UK Government to agree a clarification of the Scotland Act 1998 that would remove their doubts about the competence of the Scottish Parliament and put the referendum effectively beyond legal challenge by the UK Government or any other party. Its preference is for a Section 30 order, but whichever legislative approach were taken, any change to the definition of the Scottish Parliament's competence would require the consent of the Scottish Parliament as well as the UK Parliament."
The phrase "that would remove their doubts" is suggestive
that Edinburgh still considers that it already has the legal power to hold a referendum on independence. This point is discussed in the earlier posts on this blog - here and here. There is little point in perpetuating this particular argument. Whether one adopts the London or the Edinburgh view, the matter will be put beyond doubt by the section 30 Modification Order which the Scottish Government says it prefers.
A draft Referendum Bill is set out as an appendix to the Scottish document. The Scottish Government will publish the contributions it receives (except where respondents request anonymity) and use them to inform the further development of the Bill before it is debated in the Scottish Parliament during 2013. The referendum will be held in the autumn of 2014.
Sidebar:
There seems to be something of a Scottish desire (or perhaps obsession) to hold the referendum in 2014 which would be 700 years since the defeat of King Edward II of England at Bannockburn, near Stirling. The English King - condemned by Churchill as a "perverted weakling" - assembled a large Army and led it into Scotland in June 1314. Robert Bruce (1274-1329) proved to be a shrewd military tactician. He chose to fight at a place where his flanks were protected by woods. On his front, he had round holes ("pottes") dug and covered them with branches and turfs to trap and disable charging cavalry. He also kept a force of mounted men to break up any attempt at planting archers upon his flank. His preparations served him well and his victory was utterly decisive. Edward's reign lasted until 1327 when he was murdered at Berkeley Castle. Robert Bruce died in 1329 and was interred at Dunfermline Abbey - but his heart is at Melrose Abbey.
Bannockburn ended any possibility of uniting the Crowns of England and Scotland by force of arms. A peace treaty was made in 1328 - Treaty of Northampton. The Union of the Crowns was not to come until, after the death of Elizabeth I in 1603, King James VI of Scotland also became King James I of England. Political union of the Kingdoms of Scotland and England did not come until 1707 with the Act of Union with Scotland 1706.
Responses to the UK Government's Consultation must be submitted by 9th March and the Scottish Consultation by 11th May 2012.
- Scotland ~ The Eve Of The Referendum
18th September 2014 - Referendum Day in Scotland on the question of independence from the remainder of what is now the United Kingdom of Great Britain and Northern Ireland. "The Union" of the separate Crowns of Scotland and England came on 24th...
- Moohan And Another V Lord Advocate - Supreme Court Of The Uk - Serving Prisoners And The Independence Referendum
18th September 2014 is the date set for the referendum on Scottish Independence. The referendum is being held by virtue of the Scottish Independence Referendum Act 2013 and those entitled to vote are detailed in the Scottish Independence Referendum...
- Scotland And The Independence Referendum
Doubtless, the subject of the Scottish Independence referendum will come to dominate the news this year. The referendum is to be held on September 2014. In the event of a Yes-to-Independence vote, the proposed timescale is: 18th September...
- Scotland's Constitutional Future: An Influential Scottish Voice
Lord Wallace of Tankerness QCI do not myself regard politics and law as, in any way, in conflict because politics in our country should be carried on under the rule of law - Lord Wallace of Tankerness QC A few days ago, Law and Lawyers ventured...
- It's A No To Av .... But .... What Lies Ahead?
Parliament of the United KingdomThe referendum held on 5th May resulted in a decisive rejection of the "Alternative Vote" (AV) as a method of electing the House of Commons - "AV referendum: Britain overwhelmingly votes NO." 68% voted against AV...
Law and Rights
Scotland's (and UK's) future - more consultation
 |
| Edinburgh Castle |
In the Scottish paper, the question proposed is "Do you agree that Scotland should be an independent country?" Yes / NO. This question has been criticised as "loaded and biased" - The Telegraph 26th January. Interestingly, the Scottish paper states that the Scottish Government is "ready to work with the UK Government to agree a clarification of the Scotland Act 1998 that would remove their doubts about the competence of the Scottish Parliament and put the referendum effectively beyond legal challenge by the UK Government or any other party. Its preference is for a Section 30 order, but whichever legislative approach were taken, any change to the definition of the Scottish Parliament's competence would require the consent of the Scottish Parliament as well as the UK Parliament."
The phrase "that would remove their doubts" is suggestive
that Edinburgh still considers that it already has the legal power to hold a referendum on independence. This point is discussed in the earlier posts on this blog - here and here. There is little point in perpetuating this particular argument. Whether one adopts the London or the Edinburgh view, the matter will be put beyond doubt by the section 30 Modification Order which the Scottish Government says it prefers.
A draft Referendum Bill is set out as an appendix to the Scottish document. The Scottish Government will publish the contributions it receives (except where respondents request anonymity) and use them to inform the further development of the Bill before it is debated in the Scottish Parliament during 2013. The referendum will be held in the autumn of 2014.
Sidebar:
 |
| Robert Bruce |
Bannockburn ended any possibility of uniting the Crowns of England and Scotland by force of arms. A peace treaty was made in 1328 - Treaty of Northampton. The Union of the Crowns was not to come until, after the death of Elizabeth I in 1603, King James VI of Scotland also became King James I of England. Political union of the Kingdoms of Scotland and England did not come until 1707 with the Act of Union with Scotland 1706.
 |
| Tomb of Edward II - Gloucester Cathedral |
Responses to the UK Government's Consultation must be submitted by 9th March and the Scottish Consultation by 11th May 2012.
- Scotland ~ The Eve Of The Referendum
18th September 2014 - Referendum Day in Scotland on the question of independence from the remainder of what is now the United Kingdom of Great Britain and Northern Ireland. "The Union" of the separate Crowns of Scotland and England came on 24th...
- Moohan And Another V Lord Advocate - Supreme Court Of The Uk - Serving Prisoners And The Independence Referendum
18th September 2014 is the date set for the referendum on Scottish Independence. The referendum is being held by virtue of the Scottish Independence Referendum Act 2013 and those entitled to vote are detailed in the Scottish Independence Referendum...
- Scotland And The Independence Referendum
Doubtless, the subject of the Scottish Independence referendum will come to dominate the news this year. The referendum is to be held on September 2014. In the event of a Yes-to-Independence vote, the proposed timescale is: 18th September...
- Scotland's Constitutional Future: An Influential Scottish Voice
Lord Wallace of Tankerness QCI do not myself regard politics and law as, in any way, in conflict because politics in our country should be carried on under the rule of law - Lord Wallace of Tankerness QC A few days ago, Law and Lawyers ventured...
- It's A No To Av .... But .... What Lies Ahead?
Parliament of the United KingdomThe referendum held on 5th May resulted in a decisive rejection of the "Alternative Vote" (AV) as a method of electing the House of Commons - "AV referendum: Britain overwhelmingly votes NO." 68% voted against AV...