SCOTLAND REFERENDUM 'MUST BE FAIR'

Scottish ministers do not have the power to hold a vote on the break up of the union, Michael Moore said today as he announced a public consultation on staging a referendum.

The Scottish Secretary told the Commons the rules in any vote must be "demonstrably above board", adding that the "referendum is legal, fair and decisive".

The Electoral Commission, or an independent body like it, should be involved in staging the vote, he said, adding that Scotland's future should not be decided "in secret, behind closed doors nor by wrangling in the courts".

He said the public consultation would ask the Scots when a referendum should be held, what questions should be asked and who should be entitled to vote.

Mr Moore said: "As a Scot, I think it is vital that the Scottish people make a clear decision about our future with the United Kingdom, a decision made in Scotland by the people of Scotland.

"But at present there is a lack of clarity about the referendum, its outcome, and what the implications of that outcome would be, all of which creates economic uncertainty. That is bad for jobs and investment.

"Since last year's election, we have been asking the Scottish Government to set out its plans for a referendum but so far it has not done so. In particular, it has not said anything more about its legal power to deliver a referendum. This is not an issue that can be ducked.

"To legislate for a referendum on independence the Scottish parliament must have the legal power to do so. It is the Government's clear view that the Scottish parliament does not have that legal power."

Mr Moore said the Government would "not stand in the way of a referendum on independence" but neither would it "stand on the sidelines and let uncertainty continue".

Describing the union as the "most successful partnership of nations in history", he said that the Scotland Act 1998 was clear in setting out that it was not up to ministers north of the border to legislate on a referendum.

He said any referendum bill drawn up in Holyrood could be challenged in court and it was the belief in Westminster that the Scottish Government would lose.

But, he said, ministers in Whitehall wanted to work with the Scottish Government "to provide an answer".

"This is not about the mandates of Scotland's two governments or who calls the shots," he said. "It is about empowering the people of Scotland to participate in a legal referendum.

"That means that the UK Government is willing to give the Scottish parliament the powers to hold a referendum which they otherwise cannot do legally."

But this concession would not come without Scottish ministers ceding some powers over the staging of any referendum, he said.

Mr Moore told MPs: "The referendum should be overseen by those who have neutrality and the proven expertise to inspire confidence in the fairness of the process, such as the Electoral Commission."

He added: "The future of Scotland must not be worked out in secret, behind closed doors nor determined by wrangling in the courts. It is my task to ensure that this referendum is made in Scotland, by the people of Scotland, for the future of Scotland."

Within the draft order drawn up in Westminster, a temporary extension of powers of the Scottish parliament would allow it to call a referendum on the single question of whether or not Scotland should remain part of the United Kingdom.

The "Section 30 order" would have to be approved by both Houses at Westminster and by the Scottish Parliament.

Officials said this method would allow a referendum to be staged within 12-18 months if all parties co-operate, but the question of whether a legal deadline should be included in the order will not be decided until after the consultation concludes on March 9.

Ministers said they want any poll to be held "sooner rather than later", to reduce uncertainty, which they believe is damaging the Scottish economy.

In a foreword to the consultation document, Prime Minister David Cameron and Deputy Prime Minister Nick Clegg made clear that they do not want the break-up of the Union, but said it was right that the people of Scotland should be allowed to vote on whether they want to remain part of the United Kingdom.

They wrote: "Ending Scotland's place within the United Kingdom is not the policy of the UK Government but we owe it to everyone in Scotland to ensure that the referendum is delivered in a legal, fair and decisive way."

The order proposed by the UK Government would require any referendum to be held under the terms of electoral laws passed at Westminster in 2000, under the oversight of the Electoral Commission.

There would be only one ballot paper offering voters a single choice between the two options of independence or remaining part of the UK. All those registered to vote in Scottish parliamentary elections would be entitled to vote, and the poll could not be held on the date of any other referendum.

Today shadow Scotland secretary Margaret Curran urged Mr Moore to provide assurances that the legal advice he had received was based on a "sound foundation that was robust and authoritative". To ensure transparency the advice should be made public, she added.

"Scottish Labour is clear that any question on separation must be a straight yes or no choice," Ms Curran said.

Ms Curran said the Electoral Commission was "best placed" to oversee the referendum.

And she told MPs: "As the First Minister said last May, the sooner the vote on the future of Scotland is held, the better. The economy of Scotland is flatlining.

"One in four young Scottish men are out of work. Today, we are told Scotland faces record levels of child and family poverty.

"What we cannot afford to do is spend the next four years obsessing about the process of a referendum. The time is now for the parties to work together, get on with the debate, get on with a decision on where Scotland's future lies.

"The Scottish people face an immense decision in this referendum. Scotland deserves better than politicians bickering on the process of this issue. We must now move as quickly as possible on to a debate about the substance that puts Scotland's people and Scottish interests first."

Rebutting, Mr Moore said: "The SNP secured an important victory last year and as part of that they set out a clear intention to have a referendum. What was less clear was how they would do that.

"Our view is that the legal position is that the Scottish Parliament does not have the power to conduct any kind of referendum.

"There is no legal authorisation for any referendum. We need to get that resolved.

"I think it is fair and reasonable we should have oversight of the process of the referendum by a body that has got widespread experience and has neutrality and is seen to be above and beyond the fray. The Electoral Commission, it seems to me, fits that bill. I look forward to hearing other people's reactions in the course of this consultation."

Mr Moore said the ministerial code made clear that this and previous governments should not have to publish specific legal advice received but urged Ms Curran to look carefully at the consultation document and the specific clauses within the Scotland Act 1998.

The SNP's leader in Westminster Angus Robertson (Moray) said: "Last year the Scottish National Party won an historic, landslide victory on a platform to hold a Scottish independence referendum in the second half of the parliament.

"The Conservative Party, the Liberal Democrats and the Labour Party opposed an independence referendum and each one of these parties lost heavily in the election.

"So why is it that this Westminster Government is trying to dictate terms about the referendum to the democratically elected Scottish Government which has a mandate on this issue?

"Why is this Westminster Government seeking to dictate the date of the referendum?

"Why is this Westminster Government seeking to dictate the questions on the ballot paper?

"And why is this Westminster Government seeking to exclude 16 and 17-year-olds from this important and historic referendum?"

Mr Moore replied: "I'm not sure how often I have to acknowledge the SNP's victory last year before you will hear me say it. I recognise the victory you had last year.

"I'm surprised you have such a problem with the law. I'm sure an independent Scotland would want to be ruled by the rule of law. I think it is in all our interests to ensure that the legal basis of any referendum is clear. I'm saying to you it is not there, it is not possible to have a legal referendum.

"It doesn't matter whether it's advisory, whether you call it legally binding. A referendum has to be legal and the authority is not there.

"What I'm offering to you, to the First Minister and all of his party, is a way by which all of us in Scotland can get on with this decision, without needing to have the decision made by the courts rather than by people going to the ballot box.

"We are consulting. We are asking people across Scotland, and elsewhere if they have an opinion, to tell us what they think of our proposals. We want to do this together between the two Governments.

"As far as the date is concerned, there is no date in the consultation paper.

"As far as the ballot paper is concerned, I heard the Deputy First Minister say yesterday she preferred having a single question. I think it is quite useful to get on with what she wants to do and what the rest of us want to do.

"On the issue of the franchise, what we are suggesting is that the franchise that was the right basis on which the First Minister and all of his colleagues in the Scottish Parliament were elected should be the same franchise used to determine this historic decision.

"As far as 16 and 17-year-olds participating is concerned it's an entirely fair debate about their role in the electoral system generally but it shouldn't be focused on a single electoral event to suit one party or another. Let's just get on with the debate on the fairness of terms."


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