Who owns the Scottish independence referendum?
Only one party has a mandate to hold a vote, and it's not the Conservatives.
By James Maxwell Published 13 November 2011 12:08
According to recent reports, David Cameron is again exploring the possibility of staging a pre-emptive, Westminster-led referendum on Scotland's secession from the United Kingdom. At the same time, one of the country's leading authorities on the British constitution, Professor Adam Tomkins of Glasgow University, has claimed that the Scottish Parliament does not have the "legal competence" to hold a vote of its own, and that the UK government should call one "as expeditiously as possible".
The developments will be welcomed by the most zealous opponents of independence. Hardened Unionists like Lord George Foulkes and Tom Harris MP, currently a candidate in the race to be the next leader of the Scottish Labour Party, have been arguing since May that London should assume control of the referendum process in order to prevent the nationalists from "rigging" it in their favour.
Events over the last couple of weeks may have encouraged other, more moderate Unionists to move toward this position, too. Alex Salmond's assertion that any kind of majority for full Scottish sovereignty would be binding - even if in a two or three option ballot it is delivered alongside a larger majority for, say, full fiscal autonomy - has re-enforced the No camp's suspicion that the SNP cannot be trusted to play fair when it comes to Scotland's constitutional future.
But can anyone? The Unionist parties accuse the Scottish government of being incapable of running an impartial ballot because it has an interest in the outcome. Yet there is no reason to believe the UK government - which, of course, also has an interest in the outcome - would be any more objective in determining the timing of the vote or the wording of the question. London's track record on the management of Scottish elections provides little reassurance. In 1979, Jim Callaghan's Labour administration manipulated the first devolution referendum by packing it with legislative provisions - like the infamous 40 per cent rule - designed to secure its preferred result.
Another, equally limp, Unionist complaint is that the SNP won't let the Electoral Commission (EC) oversee the voting procedure. Well, why should it? The last time the EC directly ran a Scottish election - in 2007 - it caused an unholy mess, with as many as 140,000 votes eventually discarded. At any rate, the question of impartiality has already been addressed by the Scottish Government. In its Draft Referendum Consultation Paper published last year, it pledged to establish a Scottish Referendum Commission to regulate both the campaign and the ballot. This Commission would, "with limited exceptions, be completely independent of the Scottish Parliament and Government in the conduct of its affairs".
Then there's the endlessly discussed matter of "mandates" - who has one and who doesn't? Tom Harris insists that the SNP, having campaigned on a platform to break-up Britain and not to turn it into a federation, has no mandate for a referendum on anything other than straight-forward independence. Perhaps he has a point. But then the rule works both ways. Neither Labour, the Conservatives nor the Liberal Democrats campaigned for an independence referendum in 2010 or in 2011 (or ever), so by Harris's logic none has any democratic right to hold one.
The UK parties also need to consider the likely political consequence of hijacking Scotland's referendum. Does Scottish Labour, which is in the process of trying to develop a more distinct Scottish identity, really want to be seen to be colluding with a hugely unpopular Conservative-led government to undermine the clear choice of the Scottish people? Do the Liberal Democrats - already a federalist party - want to risk full oblivion for the sake of a crumbling Union?
The personal credibility of the Prime Minister and the Secretary of State for Scotland are at stake, too. Both David Cameron ("The SNP has won the right to hold an independence referendum") and Michael Moore ("I firmly believe the Scottish Parliament, if it so decides, can proceed with a referendum") have stated at different times over the course of the last seven months that Holyrood is in the driving seat on this issue. This weekend, George Osborne also appeared to agree that the "ball is in [Salmond's] court". A sudden, coordinated u-turn would look like - and in fact be - an act of breathtaking cynicism.
In the coming months, the Scottish government is going to bring forward a motion at Holyrood which invites MSPs from across the chamber to affirm the "democratic authority" of the Scottish people. This 'Claim of Right' - first agreed on a cross-party basis in 1988 - will assert unambiguously that ordinary Scots should determine "the form of government best suited to their needs". Legally, of course, the motion will be worthless: Edinburgh doesn't have the power the challenge Westminster's sovereignty. But it is a typically astute piece of political manoeuvring from the First Minister. When it comes to a referendum on Scottish self-government, it seems, the people have the SNP's backing and the SNP can say with some confidence that it has the people's.
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54 comments
Oh dear , another troll moron in buckskins who ignores the fact that Northern ireland and London get more money than Scotland and in fact Scptland contributed 9% of tax despite only having 85 of the population. That would get in the way of your ignorant casual racism though. Now do us and the gene pool a favour by throwing yourself off a bridge. Cheers.
that should be 8% not 85,lol
The problem with Scots is that they are not leaders. The Lions share of the oil wealth is gone, and that includes new fields that can't be drilled competitively financially. What exactly do Scots figure they will live on? Tourists? The cream from that gene pool has long since departed for foreign shores.
The Act of Union in 1707 was a political union between two nations.It was not freely and fairly entered into by Scotland.Leaving aside the fact that the Scottish people of the day(who were against it)had no democratic rights,the Act only came into being by a mixture of the threat of invasion and the bribery of Scottish politicians.Nevertheless,the Union,despite it's shabby origin,and despite it having been exstensively breached by every Westminster government and parliament since,is a political union between two nations.Scotland would not be seceding from the union but dissolving it unilaterally as is Scotland's right under the Treaty.You cannot be said to be seceding from a union that has ended.Dissolution is what it will be and not secession.That,therefore is the clue for those who are confused about Scottish sovereignty.It lies with the Scottish people and not Westminster.Still,if David Cameron is foolish enough to be a votejacker he'll only be helping to advance independence.
Buckskins, you should not believe everything you read. I certainly don't...
The Claim of Right motion is a master stroke: Labour, Tory and LD MSPs will now have to either get behind a self-evident truth, or else be shown as puppets of Westminster.
You SNP dreamers can dream on. You can't make it on bagpipes and porridge.
London has been lading ya'al around by the nose so long the country would implode. If you think your petroleum reserves will last 50 years then good luck. In case you haven't heard fracking is about to turn energy supplies and prices upside down. Scots are followers, not leaders. Your cream helped build countries beyond the seas. What you have left is a collection of whiners and losers who figure the country owes them. You people are also lazy by nature.
In 1994, Labour-run Strathclyde Region held a referendum on water privatisation, a policy being pushed by the Tory government of the day. The result was a massive NO to the privatisation policy. An opposition controlled local authority held a referendum that was against government policy and won. Now, are we really saying that the devolved parliament has less power than a local authority? There are those in the Scottish Labour party who are arguing that a referendum would be illegal, that sovereignty lies with the Crown in parliament, that we are but subjects, and only Westminster can grant such a referendum.
You know when lifelong Labour supporters start upholding the rule of the Crown in Parliament that something has gone wrong in Labour's ranks. A party that once thought of themselves as socialists are now giving a good impression of being Unionists and Royalists. And this before they even choose their leader and their future strategy. Or has it already been chosen for the future incumbent? The notion that the people are sovereign was, of course, brought up by Labour and the Lib Dems in the 1980s in the Claim of Right. It claimed: "We, gathered as the Constitutional Convention, do hereby acknowledge the sovereign right of the Scottish people to determine the form of government best suited to their needs, and do hereby declare that in all our actions and deliberations their interests shall be paramount." Labour signed up to that. The Lib Dems signed up to that. It seems still a good democratic basis for modern Parliament - that the people are sovereign, not the crown. How long will Labour's support avoid a split? How many are willing to toe the Unionist and Royalist line?
Lox.
South Texas, about 3 hours south of San Antonio. (Where the snow never falls but about 3 times a century.)
Relax ok? I do these things when I get too much time on my hands. Did I ever tell you about the guy that served me Potatoes, Sausages, and Onions, all boiled to hell in water till it was a crumbling slurry mess. He told me it's a very popular dish. It was in Edinburgh. I told him it was delicious as I was there to buy a couple of swords from him.
Fraziel1.
I presume your childish name calling is due to your lack of substance. I always know I have a Scot on the ropes when the name calling starts. It is usually followed by spelling and grammar corrections. What a sorry lot you are. Independence ? I hope you get it, it's what ya'al deserve.
Its quite clear that if the SNP hold a Referendum, the result won't be worth the paper its written on. And that goes for the 'Claim of Right'.
The power lies with Westminster.
Its also ironic that the redneck Unionists in the Tory Party are opposed to Scotland ceceding from the Union when they are doing their damnedest to cecede from the EU.
Its also interesting to see Harris competing for the Leadership when he isn't even an MSP although he may be a Glasgow MP.
If the SNP hold a referendum, as they are perfectly entitled to do, the westminster government is legally entitled to ignore it as all matters relating to independence/break up of the union etc are reserved for westminster. However,Swatantra, if the Scottish public voted in large numbers for independence or fiscal autonomy it would put huge pressure on Westminster to do something rather than just ignore it.As for unionists being opposed to Scotland leaving but wanting to leave the EU, i do not see and relevance to your remark. They are 2 completely different issues.
It's a lovely thought that the toxic party should consider whether or not it has a mandate to do something before proceeding. They don't have a mandate for anything they're doing in Britain. Yet still the wrecking ball swings.
Buckskins
You are obviously just a troll.Nevertheless,just in case anyone gave the slightest credence to your remarks,I'll list the economic strengths and potentialities of Scotland.The largest oil and gas reserves in the EU.The largest renewable energy potential in the EU and probably the world.70% of UK coal reserves.A huge earner in tourism.A huge export earner in whisky.Other Scottish food and drink products being exported in increasing quantities thanks to the SNP Government's tireless efforts.Scottish beer,cheeses,langoustine etc.Biotechnology.Engineering.Computer games design.A great location for movie makers.Brad Pitt,Halle Berry and Scarlett Johannson have all been making Hollywood movies here this year.Scotland's first goldmine has just been given approval.Harris tweed is a world renowned brand.A substantial agricultural sector.Several multinationals have annouced investment plans in Scotland this year,and not just in the renewables sector.Scottish Universities doing ground breaking research.The list goes on.Perhaps, Buckskins,you are lazy by nature if you haven't taken the trouble to do research about the Scottish economy instead of making racist jibes.
Lox
I admire your optimism but having battled with the Cabinet Office over a freedom of information request since early 2010, I have to say that the UK Government will try every trick in the book and some that aren't.
Civil Servants at Whitehall (those who really run the country)will fight the good fight as they see it to mantain the status quo and their jobs.
I wish Alex Salmond luck because he will need it.
Buckskins, what is your problem with Scottish independence? Are you seriously saying that the Scots are too lazy or thick to run our own affairs? Seriously?
Your comments yesterday about my country being full of whiners and losers are ignorant, lazy and wrong. Have you ever been here?
Swatantra, the Labour party signed up to the Claim of Right. Devolution was ushered in on the back of the Constitutional Convention and the notion - which Labour and the Lib Dems signed up to - that the people were sovereign. Was that a lie? Did Labour dupe the electorate? Or are they now changing their position to become both Royalists and Unionists? So far, in the space of one week, the Labour party have said they will side with the Tories to bring forward a Westminster referendum on indpendence, then Margaret Curran backtracked on this and said they would not.
As for Buckskins - your argument that the Scots are not natural leaders is deeply offensive and has no basis in reality. Renan used to argue that the Teutonic races showed greater leadership qualities than the Celtic races; it was rubbish then, it's rubbish now. Many Scots have risen to high positions in business, government, and so on. As for the oil wealth, there has been massive investment lately (which you seem to know nothing of). BP, Shell and Oil and Gas operator Taqa are investing hundreds of millions in north sea oil - this is new investment, announced in the last few months. Some estimates say there is up to fifty years left in the oil fields. Many of these companies may also turn to renewables as oil runs out.
In fact Scotland's best export has been its people. They've gone on and run the far flung corners of the 'Empire' and Malawi and BP.
At the end of the day, ultimate power and sovreignity actually lies in 'The People'. They can declare UDI as the American Colonials did in 1776, or remove Monarchs Annointed by God like what happened to Charles Stuart, Alexander of Russia and Louise 16.
So whatever Westminster may say, Scotland could ignore it and walk away. And there's little 'The English' could do about it.
Buckskins,
If you hadn't noticed you initiated the name calling. The reason most aren't engaging in reasonable debate is because you've shown your not capable.
North Sea Oil bankrolled Thatcherism, if only the Conservative movement had the guts to admit to that fact.
Oh please, please, Mr Cameron, hijack the Scottish independence referendum! This would GUARANTEE a "yes" vote for independence.
I can't wait to see your face when the Scots show you how they deal with patronising ex-Oxbridge toffs who try to tell them what to think!
Bring it on!
It would be nice, when people are on here pontificating about how whatever the Scots people decide isn't "worth the paper it's written on" if they could at least do us the courtesy of learning that there is no such word as "cecede". It's "secede".
Particularly unforgivable when they must have just have read the word spelt correctly in the article itself.
If their powers of logic are anything like their powers of observation then the Scots have nothing to worry about. Nothing at all.
Oh please get them all up here. Clegg, Osborne, Cameron Alexander and Cable. Let them tell us how it's going to be re the referendum and I'm sure that'll get a response. Alexander seems to have forgotten that he represents a Scottish constituency and the rest of them have got about as much idea about how to deal with Scottish people as their idealogical forebearer Mrs T.
"Your comments yesterday about my country being full of whiners and losers are ignorant, lazy and wrong. Have you ever been here?"
Yes, many times.
BTW, your food is God awful.
I believe, Buckskins,that you started the abuse! Bit of a bloody cheek to then complain about it! The fact you did, coupled with your ignorant racist remarks prompted me to insult you, and deserving it was too as we can do without neds like you on these forums.As for independence, many of us hope we get it too so we wont have to have anything to do with moronic English monkeys like you.
Swatantra, I do hope you noticed that you contradicted yourself. You stated first of all that the Claim of Right (which declares that power lies with the people) was nonsense and power lies with Westminster, then you said in your second post that power, in fact, lies with the people. Make up your mind please.
I happen to believe that power does lie with the people, as does Article 8 (I think) of the UN Charter.
Where do you come from, Buckskins? For some reason I thought you were American.
the SNP aren't just fighting the 3 unionist partys, they are also fighting the political establishment and a unionist press, yet they did the thing our electoral system was set up for, they won a majority, we scots are sick of being lied to by unionist polititians, i to really hope the torys and labour at wesminster try to interfear with our plans, the eyes of the world are on them and how they deal with this will be watched closly, after all they are always telling us our soldiers and the world that we'll fight for real democracy where ever that is.
Buckskins,
Your either a crap wind up merchant or a complete moron. Surely you'd be happy to see Scotland leave the union if you believe that guff.
The UK Government and Scottish Unionist’s demands for an immediate referendum are cynically politically-based. If Alex Salmond said yes to their specious request, they would be thrown into even greater panic and driven to even greater incompetence than they are now displaying, and that’s saying something.
Their thinly disguised political motive is to make mischief, not to force a referendum. But if Cameron listens to the lunatic voices within hise unionist camp, he might try to force a UK-led referendum, which would be an act of utter political folly with consequences no one could predict.
Now while it is quite true that any referendum called by the Scottish Parliament cannot be binding, it is also true the Westminster cannot call a binding referendum - All plebiscites within the UK constitution are advisory.
Alex Salmond can afford to sit back with quiet amusement at the sight of the the total disarray of the unionists rankers at the moment!
"Tom Harris insists that the SNP, having campaigned on a platform to break-up Britain and not to turn it into a federation, has no mandate for a referendum on anything other than straight-forward independence. Perhaps he has a point."
In fact he doesn't, as the SNP's election manifesto can easily be interpreted as offering a multi-choice referendum:
http://wingsland.podgamer.com/?p=12059
Harris has a nasty habit of saying things that aren't true. He recently alleged that "SNP protesters" had picketed the Scottish Labour conference with banners reading "END ENGLISH RULE" and "QUISLINGS". Even when people linked to actual pictures of the event, showing a banner reading "END LONDON RULE" (not "ENGLISH"), no sign of the word "quislings" and no evidence that the people involved had any connection to the SNP, Harris continued making his allegations, with their barely-concealed hints of racism (likening the protesters to the BNP rather than the SNP).
He's basically a troll, and his pronouncements should be taken with a large pinch of salt at best, and regarded as flat-out untruths at worst.
"If the SNP hold a referendum, as they are perfectly entitled to do, the westminster government is legally entitled to ignore it"
This is highly debatable, as the UK is a signatory to the UN Charter, which clearly establishes the right of peoples to self-determination:
http://en.wikipedia.org/wiki/Self-determination#The_UN_Charter
... and to the Declaration of Human Rights, which states that "no one should be arbitrarily deprived of the right to change nationality."
Regardless of any arrangements existing with regard to the UK and Scottish Parliaments through the Act of Union, Cameron would find it extremely difficult to establish any lawful grounds on which to refuse Scottish independence if the people voted for it.
Fine, buckskins-but I think you genuinely believe that scots are, on the whole, workshy and self-pitying, and hence incapable of ruiing our own affairs. Sadly, a lot of people in scotland feel that on some level-but most of them don't. All of the people I know work hard and don't expect to have anything handed to them on a plate.
You were unlucky with your food. Next time you're in edinburgh, try the dogs near hanover street.
Anyway, why am I making excuses for scottish food to a texan?
South Breeze.
Near everything you listed is peanuts and English owned and run. Except for of course. " The largest oil and gas reserves in the EU.The largest renewable energy potential in the EU and probably the world."
PMSL.
Don't forget deep fried Mars bars.
Ben. Why would I give a darn? You can be sure of one thing, when London gives you control of your finances it's because ya'al have been squeezed near dry.
what about those scots living in England - will we get a chance to vote? What if only my mother is Scottish and my father is not? Do I still count? I have no document which states i am Scottish or English - only British -- confused
Martin, my view is that only those resident in Scotland should be able to vote. The Conservative Prime Minister John Major acknowledged that if Scotland voted YES to independence it could not then be held in a political union against its will.
voters in scotland should be in charge of there fate through a referendumn but be given the full truth? what will happen if scotland goes independent regarding joining the ssr nwo EU? scotland will lose all independence and its very soul ? as the eu is facist antichristian state ? all our divine history will also be gone to our future generations , be aware councilor peter campbell ukip
"what about those scots living in England - will we get a chance to vote?"
No. This question has been answered countless times. People registered on the electoral roll in Scotland get to vote. Nobody else.
When do we get a referendum on whether we want a government at all? I don't recall ever agreeing to be governed.
ah, independence - the chance for Scotland to become a bitch for international financiers and global investors.
And as for the referendum, where the question in which Scots voters are asked if an independent Scotland should retain 10% of the UK nuclear attack capability? Oh, and gets a seat on the Security Council as well. Why not?
Prat
Westminster isn't Sovereign! In England the Queen is Sovereign, in Scotland the people are Sovereign and allow the Queen to reign. That never changed (not even with the Union).
Also, while Westminster can, in theory, ignore the results of a Scottish referendum on Independence, in reality they cannot as the result would be seen across the world. Westminster had to cave and give Scotland the devolution it wanted to maintain its relationships within Europe, the same would happen if they tried to prevent Scotland going Independent when she had made it clear she wanted to.
Thankfully Scotland has nothing to worry about, she has always punched well above her weight in many fields, not least medical invention and technology. She continues to do this today and will always do this (unless she remains in the Union and Westminster shut this down too!)
Add in all the items that are owned by Britain but located in England and that England would have to compensate Scotland for her share of those items etc. (And it is a much longer and far more expensive list than you might first imagine). Secession involves a lot more complex finances than most of you even seem to realise. The good news is that with only having approx 5 million people at the moment Scotland will do just fine.
For the Unionists that still remain (and I notice most of the ones, if not all, on here are English, surprise, surprise) I have two questions for you? I'll help you by providing the answers as well, in case your brains cannot stretch that far.
1) Who has the most factual information about Scotland's finances and her contributions to the UK treasury?
Answer 1) Holyrood and Westminster
2) Who is desperately hanging onto Scotland while Holyrood tries to get Scotland to leave the Union?
Answer 2) Westminster
Now, you may not have the inclination to do the research and find out the true figures for yourself regarding oil, VAT, benefits etc. but do you honestly believe that your Prime Minister is fighting tooth and nail to hang onto a country that is apparently draining your coffers?
Hmmm, if you believe Cameron (or Thatcher for that matter) are such lovely, charitable people then you are completely deluded. Actions speak louder than words people, if Cameron wants Scotland to remain in the Union then it is 100% clear Scotland is better off out of the Union.
Ah,independence - the chance for Scotland to deal directly with foreign investors,the EU and the UN.Instead of being cheated,manipulated,misrepresented ans patronised by Westminster and Whitehall.
It's six months since the SNP won the majority vote and their opponents pledged to make a positive case to remain in the Union and maintain the respect agenda. All they have done so far is go on about the legalities of a referendum, the timing, the wording, the questions, how it will impact on investment and we'll be thrown out of the EU. If this is the positive case for the Union I can't wait for them to get down to the dirty negative scaremongering.
Constitutional Power lies with Westminster, but de facto power always lies with the People.
This was the case when Southern Rhodesia declared UDI and Wilson was too afraid to send in the troops in the Queens name and size back the colony. So Smithy was allowed to rule for 13 years, independently.
Later Zimbabwe came back into the Commonwealth fold.
But ultimatley I think power always lies with the People; eg its up to the People of Afghanistan or Syria or Iran or Israel to overthrow their tyrants, if they have the will; we can't do it for them.
Mike Cobley,
just curious, why the hostility?
Both Holyrood and Westminster have the power to carry out a consultative referendum.
However, if Westminster arranges one without the full approval of Holyrood, then its almost certain to be a yes for independence.
"And as for the referendum, where the question in which Scots voters are asked if an independent Scotland should retain 10% of the UK nuclear attack capability? Oh, and gets a seat on the Security Council as well. Why not?"
We want neither of those things. You are welcome to them.