The Referendum on Separation for Scotland
The Referendum on Separation for Scotland

Author: Great Britain: Parliament: House of Commons: Scottish Affairs Committee

Publisher: The Stationery Office

Published: 2012-08-07

Total Pages: 28

ISBN-13: 9780215047489

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

Author: Great Britain: Parliament: House of Commons: Scottish Affairs Committee

Publisher: The Stationery Office

Published: 2014-05-27

Total Pages: 52

ISBN-13: 0215072839

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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
Nation to Nation

Author: Stephen Gethins

Publisher: Luath Press Ltd

Published: 2021-03-17

Total Pages: 275

ISBN-13: 1910022519

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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.

Scotland Analysis
Scotland Analysis

Author: Great Britain: Scotland Office

Publisher: The Stationery Office

Published: 2013-02-11

Total Pages: 114

ISBN-13: 9780101855426

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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
A Comparative Study of Referendums

Author: Mads Qvortrup

Publisher: Manchester University Press

Published: 2005-10-07

Total Pages: 212

ISBN-13: 9780719071812

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

Author: Great Britain: Parliament: House of Commons: Scottish Affairs Committee

Publisher: The Stationery Office

Published: 2013-11-15

Total Pages: 40

ISBN-13: 9780215064554

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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.

House of Commons - Scottish Affairs Committee: The Referendum on Separation for Scotland: A Defence Force For Scotland - A Conspiracy Of Optimism - HC 842
House of Commons - Scottish Affairs Committee: The Referendum on Separation for Scotland: A Defence Force For Scotland - A Conspiracy Of Optimism - HC 842

Author: Great Britain: Parliament: House of Commons: Scottish Affairs Committee

Publisher: The Stationery Office

Published: 2013-11-23

Total Pages: 80

ISBN-13: 9780215064615

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The Scottish Government's White Paper must make absolutely clear the details of both its foreign and defence policies. Much of what has been suggested up to now suffers from a conspiracy of optimism. The most explicit pledges made to date include: that the whole cost of security and defence will be no more than £2.5 billion, that personnel in the armed services will total 15,000 full time and 5,000 reserve personnel, and that the defence force will include "current Scottish raised and restored UK regiments". Will we then have a defence force which is army heavy? An army which is infantry heavy? Or will historic regiments be redesignated as platoons, reserves or non-infantry units? If Faslane is to be kept at its existing workforce, how will people be retrained? What costs will be inccurred in the transition to the new Scottish Defence Force? What are the implications for procurement whether or not Scotland gets the assets it wants? Hanging over all of this is the future of Trident. Will a separate Scotland impose unilateral nuclear disarmament on the UK? Furthermore, membership for Scotland of NATO will require not only the unanimous agreement of all the existing NATO members, but also the resolution of any disputes with the UK. The Scottish Government must spell out what wages and conditions it would propose to offer to compensate those who would leave behind participation in world class armed services. The people of Scotland are entitled to expect that those who propose drastic change can explain what the consequences would be.