"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.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.)
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.”
Yes, it would get very messy; and the negotiations between Westminster and Holyrood would no doubt be tortuous. But that's politics...
No comments:
Post a Comment