The Staggers

The New Statesman’s rolling politics blog

The myth of Cameron's legal challenge to Salmond

Scottish Secretary Michael Moore says UK government would not challenge Salmond's referendum.

By George Eaton Published 11 January 2012 12:51

Does the Scottish government have the legal right to hold a referendum on independence? Alex Salmond and some constitutional lawyers insist it does, the UK government and some constitutional lawyers insist it does not.

The vote Salmond intends to hold in autumn 2014 would be an advisory one (the SNP concedes that it does not have the power to hold a binding referendum) designed to provide him with a clear mandate to negotiate for independence. But in his statement to the Commons yesterday, Michael Moore, the Secretary of State for Scotland, declared that even this would be legally questionable. So, assuming Salmond proceeds, would the UK government challenge him in the courts? Apparently not. Here's what Moore told Scotland Tonight yesterday evening.

Interviewer: The idea that it could be legally challenged, who's going to mount that challenge?

Michael Moore: Anybody could and I don't think that a decision of this magnitude about whether or not Scotland stays part of the most successful multi-nation state in the history of the world or goes its own separate way, I don't think that should be left ...

Interviewer: Would the UK government launch that challenge though?

Michael Moore: While there's a prospect that anybody could, it's not our intention to do that.

But as the blog Wings over Scotland asks, why would the UK government not challenge what it ostensibly believes is an illegal attempt to break up the Union? Moore's words will inevitably prompt questions about the government's true opinion of the legality of a Scottish-led referendum.

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Tags: Scottish independence SNP

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6 comments

Wed, 2012-01-11 14:31 — Arthur Williamson (not verified)

Moore`s words should be taken with a pinch of salt, he is merely keeping his cards close to his chest.

Wed, 2012-01-11 15:34 — Mrs,M L Bonwick-Jones (not verified)

The British goverment are just playing into Salmond's hand's , although 2013 will be a quiet time why can this referendum not be held then, Why not give Scotland what she want's? Prehaps we can have one too as far as staying in the EU is concerned.
Alec Salmon is just trying to make this a Scotland v Conservative Party issue which is wrong!
There are questions that need dealing with such as what currency would Scotland use, Does Scotand wish to be in the EU, What if Brussels are not interested in Scotland, What can Scotland give the Eu, How will Scotland deal with it's deficit and finally what about tourism many people such as American's and the Japanese whist doing their grand tour of Europe whilst here visit London,Bath, York and Edinburgh, there is also the attraction of the Royal Family, if Scotland wishes to go it alone it is up to her but it more then some kind of political game between holyrood and Westminster and be careful of what you wish for.

Wed, 2012-01-11 17:13 — Stuart Eels (not verified)

Mrs ML Bonwick-Jones

The last thing I am worried about is how many less dumb Yanks come visting, what I want to know is who will represent Englands' interests and can we the English please have a referendum for our own Paliament and a referendum about our own Independence? I don't particulary care about the UK and Wales and Northern Ireland should fend for themselves!

Wed, 2012-01-11 18:23 — Jan Cosgrove (not verified)

Shimple.

Cameron holds early referendum for the whole of the UK : Do you want the UK to hold together as it is now? Yes No Undecided NoView

Done by constituencies which are all within 4 nation boundaries.

If Scotland says No, then Salmond can go for his referendum: how far?

(Imagine if England said No, or Cornwall ....)

This would be a democratic position Ed Milliband could sustain, also gives all of us a voice not just Scotland, and yet leaves the Scots to make their decision which is their right.

Wed, 2012-01-11 19:47 — Lox (not verified)

Thanks for your kind thoughts, Mrs Bonwick-Jones. Why don't you let Scots worry about the various issues you've raised?

Wed, 2012-01-11 22:19 — Benjamin Rae (not verified)

Be careful what you wish for. Always makes me laugh that kind of stuff. Oh dear, what we do without the benevolent UK establishment to look after us and take care of the things we don't understand?