Is the SNP offering something to Scottish electors that is not within the powers of the Scottish parliament.
Rodney Brazier Professor of Constitutional Law, University of Manchester in the Times
Sir, How could the SNP, if it had power in the Scottish Parliament, legally hold a referendum on independence? Under the Scotland Act “the Union of the Kingdoms of Scotland and England” remains a matter over which the Westminster Parliament retains complete control. New legislation at Westminster would be needed to permit any such referendum. Is the SNP assuming that the Government would initiate such legislation?
RODNEY BRAZIER
Professor of Constitutional
Law, University of Manchester
Professor Brazier highlights one of the major problems with our politicians, they ignore reality when making their claims for our vote. In this case the SNP are promising something which is simply not within their remit to deliver, because in order to call a referendum they would require primary legislation in the Westminster Parliament.
As Professor Brazier has stated elsewhere “there is no formal, legal mechanism in the United Kingdom constitution which prescribes how changes may be made to the constitution.” “Ministers have the final say about whether there will be a referendum: the Government decides purely at its own discretion whether a poll should take place.” It goes without saying that British ministers are very unlikely to agree to a referendum that would put them or their party at a disadvantage.
All the SNP can legally and honestly offer the Scottish voters is if they win the election to the Scottish Parliament they will then ask the British government to arrange to pass legislation through the Westminster parliament for consent to call a referendum.
If as expected Gordon Brown becomes Prime Minister he will know for certain that such a move by the Scottish Parliament would put him in a very difficult position, as he is elected to a Scottish constituency he would have no mandate in the British parliament should Scotland leave the Union. Even the negotiations leading up to independence would be problematic, because in effect he would negotiating himself and all other Scottish MPs out of a job and destroying any chance that Labour could ever rule Britian again.
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The government would initiate it, if it is required at all. There wouldnt be Devolution in the first place if the government didnt want regionalism, this sort of debate would never be happening.
Perhaps not Adam the government wanted devolution but would it want total independence.
The professor was making the point that the SNP are making a promise of a referendum yet that is not within the remit of the Scottish Parliament (Legally speaking).
Of course I do not suppose such niceties would amount to much if the SNP did call a referendum and the Scots did vote for independence that would be a clear indication that something would have to be done to meet their expressed wishes.
My interest is not so much the SNP promising something not in their remit but our political parties atWestminster doing the same sort of thing in relation to the EU returning fishing waters for instance.