The Referendum on Separation for Scotland


Book Description

Scotland can only separate from the UK if the Scottish people make that decision in a referendum. The Committee says any such referendum must have an unchallengeable legal and moral basis, to avoid delays and challenges to the legitimacy of the process and its result. The Scottish Parliament can legislate only on devolved matters, and the Union between Scotland and England is a reserved matter. The Scottish Government has argued that Holyrood is legally competent to set up a referendum but the Committee can find no evidence for this and the Scottish Government has provided no legal justification for this view. Any attempt to conduct a referendum on a dubious legal basis would inevitably be challenged in the courts and could take years to be resolved. No-one should be allowed to use legal wrangles to put off a referendum even longer than is currently planned. The Committee says the best way to ensure a sound legal basis for the referendum is for the UK and Scottish Governments and Parliaments to agree the specific detail of an order under section 30 of the Scotland Act 1998 to give the Scottish Parliament power to conduct a referendum. The Committee further believes that any Section 30 order proposed by the Government should be subject to pre-legislative scrutiny by the Scottish Affairs Committee and to approval by all of Scotland's MPs before being proceeded with. However, this should not be used to allow those who anticipate being defeated to stall or derail the process




HC 1241 - The Referendum on Separation for Scotland: Scotland's membership of the EU


Book Description

Today Scotland's interests in the European Union are represented by the UK which, as one of the largest Member States, has the voting power and leverage to influence decisions to the benefit of Scotland. In leaving the UK, a separate Scotland would lose this advantage. A separate Scotland is likely to have its application to join the EU accepted - but not within the self-imposed timetable of 18 months, nor with the terms, that the Scottish Government is proposing. The proposal that Article 48 of the Treaty on European Union could be used to provide for Scottish membership is not supported by any other EU state; senior EU figures have ruled it out and it is opposed by the United Kingdom Government - which would, under this process, have to initiate it. The additional and exceptional demand for the ability to discriminate against UK students with respect to tuition fees would be voted against by the UK Government and is therefore almost certain not to be met. Furthermore, insufficient attention has been paid to the need to negotiate the UK's retention of VAT zero rating on a wide range of goods. As a separate Member State, not only would Scotland cease to benefit from the UK rebate (currently worth in the region of £300 million per year to Scotland) but it would have to contribute to it. In these circumstances Scottish voters need a more realistic alternative perspective of how joining the EU would be achieved, and what its likely terms and timetable would be.







Nation to Nation


Book Description

Scotland has a distinctive place in the world. Nation to Nation explores how this unique relationship with the rest of the world has developed over the years and how it manifests itself today. In this book Stephen Gethins combines his knowledge from years of work in the field - from the conflict zones of the former Soviet Union to the corridors of power in Westminster and Brussels - with insights from political, cultural and academic figures who have been at the heart of foreign policy in Scotland, the UK, Europe and North America. Gethins looks at Scotland's foreign policy to better inform the debate about our country's future and its relationships with its neighbours near and far.




The Referendum on Separation for Scotland, Session 2012-13


Book Description

For related report, see HCP 542 (ISBN 9780215047519)




Scotland Analysis


Book Description

The UK Government is undertaking a major cross-government programme of analysis prior to the referendum on Scottish independence in 2014. The aim is to provide a comprehensive and detailed analysis of Scotland's place in the UK. This paper, the first of a series to be published in 2013 and 2014, examines the UK's constitutional set-up and the legal implications of independence. The UK Government is convinced that the current devolution offers the best for Scotland: the Scottish Parliament and Government are empowered to take decisions on a range of domestic policy areas - such as health, education, policing - while Scotland continues to benefit from decisions made for the UK as a whole - defence and security, foreign representation, economic affairs. Independence is very different to devolution. Based on independent expert opinion (published as Annex A), the paper concludes that if there were to be a vote in favour of leaving the UK, Scotland would become an entirely new state whilst the remainder of the UK would continue as before, retaining the rights and obligations of the UK as it currently stands. Any separation would have to be negotiated between both governments. Legal and practical implications of independence, both at home and abroad, are addressed. An independent Scotland would have to apply to and/or negotiate to become a member of whichever international organisations it wished to join, including the EU and NATO. Scotland would also have to work through its positions on thousands of international treaties to which the UK is currently party.




A Comparative Study of Referendums


Book Description

Combining an account of the political history and philosophy of the referendum, with a thorough assessment of the practical experiences with referendums in western democracies, this book has established itself as the unrivalled market-leader in the field. Fully revised and with new chapters on campaign spending and the administration of referendums, the second edition of this book provides a thorough overview of the theory and practice of referendums.




House of Commons - Scottish Affairs Committee: The Referendum on Separation for Scotland, Session 2013-14 - HC 140-I


Book Description

Incorporating HC 139-xv - HC 139-xx, session 2012-13 and follows on from HC 139-II, session 2012-13 (ISBN 9780215052551). For related report, see HCP 542 (ISBN 9780215047489)




House of Commons - Scottish Affairs Committee: The Referendum on Separation for Scotland: The Need for Truth - HC 828


Book Description

In a report published ahead of the expected White Paper on Separation, the Scottish Affairs Committee says that the Scottish Government must meet high standards of accuracy and openness and avoid any risk of using public money to promote a party political agenda. Any document that is produced as a Government White Paper must meet the highest standards of accuracy and clarity, and must be totally honest about the risks, alternative possible scenarios and costs involved in Separation. The Committee is concerned that the Scottish Government has shown a propensity to mislead Scottish voters on the likely outcome of some of the negotiations that would be needed for the final Separation agreement - as well as the timescale on which this could be achieved. Many important questions - like EU membership or the currency - have to be negotiated with the UK Government and others, and the White Paper cannot simply claim that the SNP will get whatever they want. It must lay out all the alternative scenarios that might actually emerge from these negotiations - and their consequences. Particular uncertainties highlighted by the Committee include membership of the EU, currency, and benefits, public services, taxation and pensions.




Should Auld Acquaintance Be Forgot


Book Description

The Scottish nationalists seek to end the United Kingdom after 300 years of a successful union. Their drive for an independent Scotland is now nearer to success than it has ever been. Success would mean a diminished Britain and a perilously insecure Scotland. The nationalists have represented the three centuries of union with England as a malign and damaging association for Scotland. The European Union is held out as an alternative and a safeguard for Scotland's future. But the siren call of secession would lure Scotland into a state of radical instability, disrupting ties of work, commerce and kinship and impoverishing the economy. All this with no guarantee of growth in an EU now struggling with a downturn in most of its states and the increasing disaffection of many of its members. In this incisive and controversial book, journalist John Lloyd cuts through the rhetoric to show that the economic plans of the Scottish National Party are deeply unrealistic; the loss of a subsidy of as much as £10 billion a year from the Treasury would mean large-scale cuts, much deeper than those effected by Westminster; the broadly equal provision of health, social services, education and pensions across the UK would cease, leaving Scotland with the need to recreate many of these systems on its own; and the claim that Scotland would join the most successful of the world's small states - as Denmark, New Zealand and Norway - is no more than an aspiration with little prospect of success. The alternative to independence is clear: a strong devolution settlement and a joint reform of the British union to modernise the UK's age-old structures, reduce the centralisation of power and boost the ability of all Britain's nations and regions to support and unleash their creative and productive potential. Scotland has remained a nation in union with three other nations - England, Northern Ireland and Wales. It will continue as one, more securely in a familiar companionship.