13 August 2006

Artificial arguments

Well, what did they expect? The Scottish Parliament is not all powerful. The Sunday Herald discovers what has never been hidden:
"HOLYROOD would not have the power to organise a referendum on independence in the event of an SNP victory next year, according to official Scottish Executive guidance.
A poll on creating a separate Scottish state could only be arranged by MPs because the constitution is reserved to Westminster.
...
Now the Executive’s own advice states MSPs cannot offer Scots a vote on whether to remain part of Britain. A paper on independence states: “Scottish parliament does not have the powers to pass legislation authorising expenditure on any referendum. [It] can only pass legislation in devolved areas, and since the UK constitution is a reserved area, it would be ultra vires [beyond its power] for the parliament to pass legislation to authorise a referendum on any aspect of the constitution.” The guidance adds: “Neither can Scottish ministers have any function in connection with the holding of such a referendum.”
If, by some remote chance (but growing less remote by the day), the SNP and other parties favouring independence commanded a majority in the Scottish Parliament, it would be a foolish Westminster administration indeed which resisted calls for it to organise a referendum. (Think only of the subsequent electoral consequences if Westminster were to deny the expressed will of the Scottish people in voting for independence.)

Yes, it would get very messy; and the negotiations between Westminster and Holyrood would no doubt be tortuous. But that's politics...

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