Questions over vires of home rule ballot
16 Jan 07
SNP claim to have legal route as proposed referendum attacked as unlawful
An article in today’s Scotsman challenges the legality of any referendum on Scottish independence run through the Scottish Executive and Parliament.
The challenge comes from former SNP MP Jim Sillars, who claims that neither the SNP nor the Scottish Executive has the right to hold a referendum on the constitution. Questions relating to the constitution are the preserve of Westminster, and it would be ultra vires of the Scottish Parliament to legislate for any such referendum.
Mr Sillars has obtained background briefing papers for ministers that state that Scottish Ministers could have no function in relation to a referendum even with a majority in the parliament supporting independence.
The SNP claims that the Scottish Parliament has the power to negotiate with Westminster, and its proposed referendum question, whether the parliament should negotiate a new settlement with the British Government so that Scotland becomes a sovereign and independent state, would get round the legality issue.