In recent talks with the SNP, civil service officials expressed concern that the wording of the referendum question might not be covered by the powers of the parliament.
The civil servants instead suggested a new version which made clear the question had to be explicit about being based on the contents of the white paper.
Salmond said he could "not comment" on discussions with the Executive, but confirmed that a "tweaked" question had been drafted.
"Any talks with the civil service are private, but the wording on the ballot will be, The Scottish parliament should negotiate a new settlement with the British government, based on the proposals set out in the white paper, so that Scotland becomes a sovereign and independent state'. The responses would be Yes I agree' or No I disagree'."
In other words, a "Yes" vote would give Holyrood the right to negotiate an independence settlement, rather than a straight endorsement of a separate state.
Can it be that simple? I rather doubt it. Let me remind you of the legal position taken earlier by the Executive (see here):
“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.”
But if Mr Salmond says that Sir John Elvidge and the Executive have changed their position, then who am I to disbelieve him?
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