THE SCOTTISH government does not have the power to call a referendum on independence, said the British government’s top legal expert on Scottish issues. Any attempt to call one would be “a very worrying step for a democratically elected government to take”, warned the advocate general for Scotland, Lord Wallace of Tankerness.
“The UK government’s legal view is that the Scottish parliament has no power to deliver a referendum on independence. It does not matter whether such a referendum is described as ‘advisory’, ‘consultative’ or providing a basis for negotiations,” he said.
Lord Wallace advises the British government on Scottish legal issues, but does not fulfil the same function for the Scottish government. His decision to go public with his misgivings about Scotland’s first minister Alex Salmond’s plans is unusual.
He went on: “There are important consequences which follow from this. One is that to proceed with a referendum that is outside of its legal powers would be to act contrary to the Rule of Law.
This is not a mere legal technicality, as some commentators have suggested.
“Government according to law is a fundamental principle of democracy. To flout this principle would be a very worrying step for a democratically elected government to take,” he said, adding that Mr Salmond’s promised consultation paper cannot overcome the legal obstacles.
So far, Mr Salmond has ignored British prime minister David Cameron’s calls for him to meet Scottish secretary of state Michael Moore, a member of Mr Cameron’s cabinet, to discuss which authority should set the terms of the ballot.
However, Downing Street did confirm yesterday that Mr Cameron will himself meet Mr Salmond in the coming weeks.
London has warned that the Scots will become embroiled in years of legal actions if Mr Salmond moves without legal cover.
A Channel 4/YouGov poll last night reported that just one-in-eight Scots believe a referendum on the issue is a matter for Westminster, with 44 per cent saying it is for the Scottish parliament to decide. Significantly, perhaps, 39 per cent called for a negotiated solution.
Meanwhile, support for independence – the SNP’s preferred outcome – stands at 39 per cent, compared to 61 per cent opposed; while 58 per cent want substantial extra powers for the Holyrood parliament, short of independence, compared to 42 per cent against.
The British government insists that Scots should face a straight in-or-out question on the union, rather than a three-part question that would offer Scots more powers for the Holyrood parliament. The SNP favours three questions, though it refuses to say so openly.
In last night’s poll, the Scottish public appeared divided on the issue – 43 per cent want an in-out choice, while 46 per cent prefer a third option.
