On 10 January, the UK Government published a consultation paper, Scotland’s constitutional future: A consultation on facilitating a legal, fair and decisive referendum. The consultation sets out the UK Government’s clear view that it is not within the powers of the Scottish Parliament to legislate for a referendum on independence. Ministers have been advised that any referendum on independence brought forward by the Scottish Government would be likely to be challenged in court and that the Scottish Government would lose.
The consultation document makes the legal position clear, but the UK Government is equally clear that it will honour its commitment not to stand in the way of a referendum. The Scottish Government has committed to hold a referendum on independence, but it has not yet set out its plans. This lack of clarity about the referendum and its outcome is creating growing uncertainty about Scotland’s future and is damaging the economy.
The consultation document sets out the options for legislating on a referendum. It makes clear that Westminster is prepared to provide the Scottish Parliament with the powers to hold a referendum that is capable of inspiring the trust and confidence of people on either side of the independence debate.
I share with the UK Government a strong belief in the United Kingdom and recognise the benefits the Union brings to all of its citizens. The referendum must be delivered in a legal, fair and decisive way for the people in Scotland.
To read and respond to the consultation please see the Scotland Office website, www.scotlandoffice.gov.uk
The consultation will run until Friday 9 March and the UK Government will announce how it intends to proceed after that.