Referendum (Scotland) Bill, 2010
Encyclopedia
A referendum of the Scottish
electorate on the issue of independence
from the United Kingdom
shall be held in either 2014 or 2015. The Referendum Bills are proposed Scottish Government bills
to set out the arrangements for this referendum.
The bill was initially introduced in 2009, but in September 2010 the Scottish National Party
minority government
announced that they were withdrawing their plan for a referendum before the 2011 elections.
When plans for the Bill were announced in August 2009, it was not believed it would be passed into law, hence preventing any referendum, due to the lack of support for it by the major opposition parties in the Scottish Parliament
. However, the Bill was the centrepiece of the governing Scottish National Party's legislative programme for 2009-10, with the next elections to the Scottish Parliament in May 2011
. A white paper
for the Bill, setting out four possible options ranging from no change to full Independence, was published on 30 November 2009.
A draft bill for public consultation was published on 25 February 2010, setting out a two question yes/no referendum, proposing both further devolution, and full independence. Rather than an independence referendum, the main opposition parties in Scotland have been supporting the Commission on Scottish Devolution
(the Calman Review) process, whose recommendations have had the support of the British government in Westminster, both before and after the change in administration resulting from the May 2010 United Kingdom general election.
The voting age
for the referendum is likely to be reduced from 18 to 16.
A commitment to hold a referendum in 2010 was part of the Scottish National Party
's election manifesto when it contested the May 2007 Scottish Parliament election
. As a result of that election, it became the largest party in the Scottish Parliament
for the first time, and formed a minority administration
in the Scottish Executive, the devolved
legislative assembly first established in 1999 for dealing with unreserved matters within Scotland. Rebranding the Scottish Executive as the Scottish Government, the SNP administration accordingly launched a 'National Conversation
' as a consultation exercise in August 2007, part of which included a draft of a referendum bill, as the Referendum (Scotland) Bill.
After forming the Scottish Government in 2007, the SNP had a long standing policy of not holding any referendum until 2010, so as to be well into its term. A call by Wendy Alexander
in May 2008, the then leader of the Scottish Labour Party
, for the SNP to begin debate on the referendum issue early was rejected by the SNP, and she resigned in June 2008 over a donations row, and the call was not made again by Labour.
(the Calman Review), chaired by Sir Kenneth Calman
, to look into options for further devolution, but ruling out full independence. The Calman Commission reported in June 2009 shortly before the plans for a Referendum Bill were announced, leading to an alternative process in parallel to the SNP's plans for a referendum, running without their participation.
with two MSPs
supported the SNP, who number 47 of the total of 129
MSPs. All the other major parties in Parliament, the Scottish Labour Party
(46 MSPs), the Scottish Conservative Party (16 MSPs) and Scottish Liberal Democrats
(16 MSPs) intended to oppose the Bill. A previous non-binding vote on the issue of a referendum held in March 2009, tabled by the Liberal Democrats as an amendment
to a Labour debate on the economy, was defeated with a 25-vote majority (47-72).
Due to the opposition from other main Scottish Parliament groups and the SNP's status as a minority administration, it was not expected that the SNP would be able to get the Referendum Bill passed into law when ultimately presented to the Scottish Parliament for debate, meaning that the referendum would not be able to be held. It has been speculated that if the Bill was defeated, Scottish independence would become a defining issue of the planned Scottish Parliament election in May 2011
.
in September 2009, the Scottish Labour Leader Iain Gray
attacked the SNP's proposed referendum, stating that time was not right for a referendum, that Alex Salmond had "no mandate, no majority and no shame", and that the only choice for Scottish voters in the next UK general election was between Labour and the Conservatives.
Scottish Liberal Democrat Leader Tavish Scott
reaffirmed their opposition to a referendum at the Liberal Democrat's annual UK party conference in Bournemouth
in September 2009. On 8 October 2009 it was announced that senior MSP Ross Finnie
would conduct a review of their position, and a consultation session would be held at the Party's autumn conference in Dunfermline
. On 1 November, following the conference, Tavish Scott re-affirmed their stance to oppose the proposed Referendum Bill, but confirmed that the party would continue to review options for a different type of referendum for its 2011 Scottish Parliament election manifesto.
Opening the SNP annual party conference in Inverness
on 15 October 2009, Alex Salmond declared "Do parties in Scotland really believe that the people of Scotland will give them their votes if they refuse to give the people of Scotland a vote on the constitutional future of the country?", while outlining his hopes to form a Scottish voting block of at least 20 SNP MPs in the next UK general election, to gain influence for Scotland in the event of a hung parliament
. When a hung parliament occurred as a result of the United Kingdom General Election 2010, the SNP failed to form part of the governing coalition.
on a proposed Scotland Bill. This detailed new powers would be devolved to the Scottish Government, notably on how it can raise tax and carry out capital borrowing, and the running of Scottish Parliament elections. These proposals were detailed in a white paper
setting out a new Scotland Bill, to become law before the 2015 Holyrood elections.
The proposal was criticised by the then UK parliament opposition parties for not proposing to implement any changes before the next United Kingdom general election
. The SNP Scottish Constitution Minister Michael Russell criticised the white paper, calling it "flimsy" and stating the proposed Referendum Bill, whose own white paper was to be published five days later, would be "more substantial". According to The Independent
, the Calman Review white paper proposals fall short of what would normally be seen as requiring a referendum.
for the proposed Referendum Bill was published on St. Andrew's Day
on 30 November 2009. The 176 page paper was titled, "Your Scotland, Your Voice". The paper detailed four possible scenarios, with the text of the Bill and Referendum to be revealed later. The scenarios were: No Change, Devolution per the Calman Review, Full Devolution, and Full Independence. The Full Devolution option, while short of Independence, would make the Scottish Parliament responsible for the 'vast majority' of tax and spending in Scotland, with a remittance paid to the UK to "cover common UK public goods and services such as defence and foreign affairs." The paper acknowledged that while the SNP government did not support anything other than full independence, the Referendum Bill would have provisions for a multi-option referendum, and called on opposition parties to propose a suitable form for these options, which had according to the paper been shown by the National Conversation to have support in Scotland.
, 25 February 2010, for public consultation. The 84 page document was titled Scotland's Future: Draft Referendum (Scotland) Bill Consultation Paper and contained a consultation document and a draft version of the bill. The consultation paper set out the proposed ballot papers, the mechanics of the proposed referendum, and how the proposed referendum was to be regulated. Public responses were invited from February 25 to April 30.
to a Conservative
/ Liberal Democrat
coalition government
. The SNP failed however to increase their number of Westminster seats, falling well short of their declared target of 20, albeit holding their 6 constituencies won in 2005 but losing heavily to Labour in the Glasgow East seat won in a 2008 by-election.
to implementing the proposals of the Calman Commission. It was believed that this new Scotland Bill could be introduced as early as the Autumn. On 31 May 2010 the Scottish Liberal Democrats invited the SNP to join the steering group brought together to oversee its implementation, which the SNP had thus far refused to participate in, with the offer of a 'Calman Plus' type package, similar to the 'devolution max' proposal included in the draft referendum bill.
On 6 June 2010 the Scottish Government published 189 of the 222 responses received during the draft bill consultation period.
, or by post
. Votes would be counted by hand, and a national declaration of the result would then be made. A 'yes' result for either question would be determined by simple majority, i.e. more than 50%. This means that it would be possible for a majority to be reached in the referendum without a majority of Scots supporting either proposition.
The referendum questions are to be presented as 'Proposal 1' and 'Proposal 2', to be presented on separate, differently coloured, ballot papers. The first proposal is whether there should be an extension of the powers and responsibilities of the Scottish Parliament, short of independence; while the second is whether the Scottish Parliament should "also have its powers extended to enable independence to be achieved". Voters are to be allowed to vote on both proposals, by placing an X in a box against either, "Yes, I agree", or "No, I do not agree", on each ballot paper.
Two possible versions for the wording of Proposal 1 were presented for consultation, one proposing an extension of power based on the financial recommendations of the Calman Commission, the other proposing full devolution with only some matters left to the UK parliament (sometimes called "devolution max").
Titled "Increased powers and responsibilities for Scotland", it states:
Version 2 of Proposal 1, outlining Calman type fiscal reform, proposes that the Scottish Parliament should gain the additional powers and responsibilities of setting a Scottish rate of income tax that could vary by up to 10p in the pound
compared to the rest of the UK, setting the rate of stamp duty land tax
and "other minor taxes", and introducing new taxes in Scotland with the agreement of the UK Parliament, and finally, "limited power to borrow money."
Titled "Increased financial powers and responsibilities for Scotland", it states:
". This state would be a full Member State of the European Union
, with the consequent social and economic relationship with the remainder of the UK which is already a member. Queen Elizabeth
would remain as Scotland's head of state
, while the United Kingdom would "become a monarchical and social Union – united kingdoms rather than a United Kingdom – maintaining a relationship forged in 1603 by the Union of the Crowns
". The currency of Scotland would remain as the pound sterling
(£) unless or until the Scottish electorate chose to adopt the Euro
(€), which would be left to a separate referendum.
Titled "Additional power to enable Scotland to become an independent country", it states:
People aged 16 or 17 will be allowed to vote if registered
on the date of the poll, in-line with the Scottish Government's desire to reduce the voting age
in Scotland to 16.
. The rules on how to conduct the poll and campaigns for the referendum would be based on existing UK legislation, being broadly formed from the Political Parties, Elections and Referendums Act 2000
. A Chief Counting Officer for the poll would be appointed by Scottish ministers, and be selected from an existing or former Scottish election Returning Officer
.
, there would be allowed to exist one 'designated organisation', permitted to spend up to £750,000 on their campaign, including expenses, but they would also be entitled to one free mailshot
to every household or voter in the poll. Political parties represented in the Scottish Parliament would be limited to a campaign budget of £100,000 including expenses, in addition to any activity through affiliation with one of the designated organisations.
, being St. Andrew's Day
.
However in May 2011, the SNP won an Overall majority in the Scottish Parliamentary Election, gaining 69 seats out of 129, therefore enough to hold an Independence Referendum.
of one neutral information leaflet about the referendum to every Scottish household, and one free mailshot
to every household or voter in the poll for the 'designated organisations' (See Campaign funding). There is to be no public funding for campaigns, which would also be subject to spending limits.
, with the constitution being a reserved matter
for the supreme legislative body in the UK, the Parliament of the United Kingdom
, based in Westminster
, London. According to the Scottish Government, the proposed referendum is therefore an "advisory referendum on extending the powers of the Scottish Parliament", whose result "will have no legal effect on [the United Kingdom]."
According to the Scottish Government's consultation paper published on 25 February 2010, if there was a 'yes, yes' outcome of the poll, then following the "necessary negotiations" between the Scottish and UK governments, "it would then be for the Scottish and UK Parliaments to act on the expressed will of the Scottish people". If there was a yes vote for Proposal 1 (further devolution) but not Proposal 2 (powers for independence), then depending on the measures voted for, they would be implemented by Order in Council, Sewel Motion, or a combination of the two.
With regard to legislative competence, the Scottish Government believes that Scottish Parliamentary consideration of a referendum bill, in its proposed draft form, is legitimate, under the built in flexibility of the Scotland Act 1998
.
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
electorate on the issue of independence
Scottish independence
Scottish independence is a political ambition of political parties, advocacy groups and individuals for Scotland to secede from the United Kingdom and become an independent sovereign state, separate from England, Wales and Northern Ireland....
from the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
shall be held in either 2014 or 2015. The Referendum Bills are proposed Scottish Government bills
Bill (proposed law)
A bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act or a statute....
to set out the arrangements for this referendum.
The bill was initially introduced in 2009, but in September 2010 the Scottish National Party
Scottish National Party
The Scottish National Party is a social-democratic political party in Scotland which campaigns for Scottish independence from the United Kingdom....
minority government
Minority government
A minority government or a minority cabinet is a cabinet of a parliamentary system formed when a political party or coalition of parties does not have a majority of overall seats in the parliament but is sworn into government to break a Hung Parliament election result. It is also known as a...
announced that they were withdrawing their plan for a referendum before the 2011 elections.
When plans for the Bill were announced in August 2009, it was not believed it would be passed into law, hence preventing any referendum, due to the lack of support for it by the major opposition parties in the Scottish Parliament
Scottish Parliament
The Scottish Parliament is the devolved national, unicameral legislature of Scotland, located in the Holyrood area of the capital, Edinburgh. The Parliament, informally referred to as "Holyrood", is a democratically elected body comprising 129 members known as Members of the Scottish Parliament...
. However, the Bill was the centrepiece of the governing Scottish National Party's legislative programme for 2009-10, with the next elections to the Scottish Parliament in May 2011
Scottish Parliament election, 2011
The 2011 Scottish Parliament general election was held on Thursday, 5 May 2011 to elect 129 members to the Scottish Parliament.The election delivered the first majority government since the opening of Holyrood, a remarkable feat as the mixed member proportional representation system is used to...
. A white paper
White paper
A white paper is an authoritative report or guide that helps solve a problem. White papers are used to educate readers and help people make decisions, and are often requested and used in politics, policy, business, and technical fields. In commercial use, the term has also come to refer to...
for the Bill, setting out four possible options ranging from no change to full Independence, was published on 30 November 2009.
A draft bill for public consultation was published on 25 February 2010, setting out a two question yes/no referendum, proposing both further devolution, and full independence. Rather than an independence referendum, the main opposition parties in Scotland have been supporting the Commission on Scottish Devolution
Commission on Scottish Devolution
The Commission on Scottish Devolution, also referred to as the Calman Commission, Scottish Parliament Commission or Review was established by an opposition Labour Party motion passed by the Scottish Parliament on 6 December 2007, with the support of the Conservatives and Liberal Democrats...
(the Calman Review) process, whose recommendations have had the support of the British government in Westminster, both before and after the change in administration resulting from the May 2010 United Kingdom general election.
The voting age
Voting age
A voting age is a minimum age established by law that a person must attain to be eligible to vote in a public election.The vast majority of countries in the world have established a voting age. Most governments consider that those of any age lower than the chosen threshold lack the necessary...
for the referendum is likely to be reduced from 18 to 16.
Past referendums
A referendum on Scottish devolution was held in 1997; though that did not broach the issue of independence, sufficient support for a devolved Parliament was gained. A less wide ranging proposal was also put to a referendum in 1979, but resulted in no change despite the majority of votes cast being in favour of change.2007 SNP administration
Scottish National Party
The Scottish National Party is a social-democratic political party in Scotland which campaigns for Scottish independence from the United Kingdom....
's election manifesto when it contested the May 2007 Scottish Parliament election
Scottish Parliament election, 2007
The 2007 Scottish Parliament election was held on Thursday 3 May 2007 to elect members to the Scottish Parliament. It was the third general election to the devolved Scottish Parliament since it was created in 1999...
. As a result of that election, it became the largest party in the Scottish Parliament
Scottish Parliament
The Scottish Parliament is the devolved national, unicameral legislature of Scotland, located in the Holyrood area of the capital, Edinburgh. The Parliament, informally referred to as "Holyrood", is a democratically elected body comprising 129 members known as Members of the Scottish Parliament...
for the first time, and formed a minority administration
Minority government
A minority government or a minority cabinet is a cabinet of a parliamentary system formed when a political party or coalition of parties does not have a majority of overall seats in the parliament but is sworn into government to break a Hung Parliament election result. It is also known as a...
in the Scottish Executive, the devolved
Devolution
Devolution is the statutory granting of powers from the central government of a sovereign state to government at a subnational level, such as a regional, local, or state level. Devolution can be mainly financial, e.g. giving areas a budget which was formerly administered by central government...
legislative assembly first established in 1999 for dealing with unreserved matters within Scotland. Rebranding the Scottish Executive as the Scottish Government, the SNP administration accordingly launched a 'National Conversation
National Conversation
The National Conversation was the name given to the Scottish Government's public consultation exercise regarding possible future changes in the power of the devolved Scottish Parliament and the possibility of Scottish independence, a policy objective of the Scottish National Party, who at the time...
' as a consultation exercise in August 2007, part of which included a draft of a referendum bill, as the Referendum (Scotland) Bill.
After forming the Scottish Government in 2007, the SNP had a long standing policy of not holding any referendum until 2010, so as to be well into its term. A call by Wendy Alexander
Wendy Alexander
Wendy Alexander is a Scottish politician and the former Member of the Scottish Parliament for Paisley North. She held various Scottish Government cabinet posts and was the leader of the Labour Party group in the Scottish Parliament from 2007-2008...
in May 2008, the then leader of the Scottish Labour Party
Scottish Labour Party
The Scottish Labour Party is the section of the British Labour Party which operates in Scotland....
, for the SNP to begin debate on the referendum issue early was rejected by the SNP, and she resigned in June 2008 over a donations row, and the call was not made again by Labour.
Opposition stance
In December 2007, the main Scottish opposition parties backed the UK Government's plan for creation of the Commission on Scottish DevolutionCommission on Scottish Devolution
The Commission on Scottish Devolution, also referred to as the Calman Commission, Scottish Parliament Commission or Review was established by an opposition Labour Party motion passed by the Scottish Parliament on 6 December 2007, with the support of the Conservatives and Liberal Democrats...
(the Calman Review), chaired by Sir Kenneth Calman
Kenneth Calman
Sir Kenneth Charles Calman, KCB, DL, FRSE is a Scottish cancer researcher and former Chief Medical Officer of Scotland, and then England. He was Warden and Vice-Chancellor of Durham University from 1998 to 2006, before becoming Chancellor of the University of Glasgow. He has held the position of...
, to look into options for further devolution, but ruling out full independence. The Calman Commission reported in June 2009 shortly before the plans for a Referendum Bill were announced, leading to an alternative process in parallel to the SNP's plans for a referendum, running without their participation.
Ongoing political context
At the time the plans for a referendum were announced in early September 2009, only the Scottish Green PartyScottish Green Party
The Scottish Green Party is a green party in Scotland. It has two MSPs in the devolved Scottish Parliament, Alison Johnstone, representing Lothian, and Patrick Harvie, for Glasgow.-Organisation:...
with two MSPs
Member of the Scottish Parliament
Member of the Scottish Parliament is the title given to any one of the 129 individuals elected to serve in the Scottish Parliament.-Methods of Election:MSPs are elected in one of two ways:...
supported the SNP, who number 47 of the total of 129
Members of the 3rd Scottish Parliament
This is a list of Members of the Scottish Parliament or, in Gaelic, Buill Pàrlamaid na h-Alba elected to the third Scottish Parliament at the 2007 election...
MSPs. All the other major parties in Parliament, the Scottish Labour Party
Scottish Labour Party
The Scottish Labour Party is the section of the British Labour Party which operates in Scotland....
(46 MSPs), the Scottish Conservative Party (16 MSPs) and Scottish Liberal Democrats
Scottish Liberal Democrats
The Scottish Liberal Democrats are one of the three state parties within the federal Liberal Democrats; the others being the Welsh Liberal Democrats and the Liberal Democrats in England...
(16 MSPs) intended to oppose the Bill. A previous non-binding vote on the issue of a referendum held in March 2009, tabled by the Liberal Democrats as an amendment
Amend (motion)
-Explanation and Use:-Main Motions:Any main motion and any motion to amend may be amended. However, a motion to amend a motion to amend may not be amended, due to the overly complex parliamentary situation that would frequently result.-Secondary Motions:...
to a Labour debate on the economy, was defeated with a 25-vote majority (47-72).
Due to the opposition from other main Scottish Parliament groups and the SNP's status as a minority administration, it was not expected that the SNP would be able to get the Referendum Bill passed into law when ultimately presented to the Scottish Parliament for debate, meaning that the referendum would not be able to be held. It has been speculated that if the Bill was defeated, Scottish independence would become a defining issue of the planned Scottish Parliament election in May 2011
Scottish Parliament election, 2011
The 2011 Scottish Parliament general election was held on Thursday, 5 May 2011 to elect 129 members to the Scottish Parliament.The election delivered the first majority government since the opening of Holyrood, a remarkable feat as the mixed member proportional representation system is used to...
.
Legislative plans announced
The legislative plans for the Referendum Bill were announced in late August/early September 2009 by the SNP government, intended to be the centrepiece of their 2009-2010 proposed parliamentary programme, their third legislative session of their 2007.2009 party conferences
At the annual Labour national Party Conference in BrightonBrighton
Brighton is the major part of the city of Brighton and Hove in East Sussex, England on the south coast of Great Britain...
in September 2009, the Scottish Labour Leader Iain Gray
Iain Gray
Iain Gray is a Scottish politician and the Leader of Scottish Labour Party Opposition in the Scottish Parliament. Gray was elected as the Member of the Scottish Parliament for the East Lothian constituency in 2007 having previously represented Edinburgh Pentlands from 1999 to 2003.-Background and...
attacked the SNP's proposed referendum, stating that time was not right for a referendum, that Alex Salmond had "no mandate, no majority and no shame", and that the only choice for Scottish voters in the next UK general election was between Labour and the Conservatives.
Scottish Liberal Democrat Leader Tavish Scott
Tavish Scott
Tavish Hamilton Scott MSP is a Scottish politician and MSP for Shetland. He was Leader of the Scottish Liberal Democrats from 2008 to 2011...
reaffirmed their opposition to a referendum at the Liberal Democrat's annual UK party conference in Bournemouth
Bournemouth
Bournemouth is a large coastal resort town in the ceremonial county of Dorset, England. According to the 2001 Census the town has a population of 163,444, making it the largest settlement in Dorset. It is also the largest settlement between Southampton and Plymouth...
in September 2009. On 8 October 2009 it was announced that senior MSP Ross Finnie
Ross Finnie
Ross Finnie is a Scottish Liberal Democrat politician and former Member of the Scottish Parliament. He is a former Minister for the Environment and Rural Development in the Scottish Executive, and Member of the Scottish Parliament for the West of Scotland region...
would conduct a review of their position, and a consultation session would be held at the Party's autumn conference in Dunfermline
Dunfermline
Dunfermline is a town and former Royal Burgh in Fife, Scotland, on high ground from the northern shore of the Firth of Forth. According to a 2008 estimate, Dunfermline has a population of 46,430, making it the second-biggest settlement in Fife. Part of the town's name comes from the Gaelic word...
. On 1 November, following the conference, Tavish Scott re-affirmed their stance to oppose the proposed Referendum Bill, but confirmed that the party would continue to review options for a different type of referendum for its 2011 Scottish Parliament election manifesto.
Opening the SNP annual party conference in Inverness
Inverness
Inverness is a city in the Scottish Highlands. It is the administrative centre for the Highland council area, and is regarded as the capital of the Highlands of Scotland...
on 15 October 2009, Alex Salmond declared "Do parties in Scotland really believe that the people of Scotland will give them their votes if they refuse to give the people of Scotland a vote on the constitutional future of the country?", while outlining his hopes to form a Scottish voting block of at least 20 SNP MPs in the next UK general election, to gain influence for Scotland in the event of a hung parliament
Hung parliament
In a two-party parliamentary system of government, a hung parliament occurs when neither major political party has an absolute majority of seats in the parliament . It is also less commonly known as a balanced parliament or a legislature under no overall control...
. When a hung parliament occurred as a result of the United Kingdom General Election 2010, the SNP failed to form part of the governing coalition.
Calman Review white paper published
On 25 November 2009, based on the findings of the Calman Commission, the UK Labour Government published a white paperWhite paper
A white paper is an authoritative report or guide that helps solve a problem. White papers are used to educate readers and help people make decisions, and are often requested and used in politics, policy, business, and technical fields. In commercial use, the term has also come to refer to...
on a proposed Scotland Bill. This detailed new powers would be devolved to the Scottish Government, notably on how it can raise tax and carry out capital borrowing, and the running of Scottish Parliament elections. These proposals were detailed in a white paper
White paper
A white paper is an authoritative report or guide that helps solve a problem. White papers are used to educate readers and help people make decisions, and are often requested and used in politics, policy, business, and technical fields. In commercial use, the term has also come to refer to...
setting out a new Scotland Bill, to become law before the 2015 Holyrood elections.
The proposal was criticised by the then UK parliament opposition parties for not proposing to implement any changes before the next United Kingdom general election
Next United Kingdom general election
The United Kingdom general election of 2010 was held on Thursday 6 May 2010 to elect members to the House of Commons. The election took place in 650 constituencies across the United Kingdom under the first-past-the-post system. None of the parties achieved the 326 seats needed for an overall majority...
. The SNP Scottish Constitution Minister Michael Russell criticised the white paper, calling it "flimsy" and stating the proposed Referendum Bill, whose own white paper was to be published five days later, would be "more substantial". According to The Independent
The Independent
The Independent is a British national morning newspaper published in London by Independent Print Limited, owned by Alexander Lebedev since 2010. It is nicknamed the Indy, while the Sunday edition, The Independent on Sunday, is the Sindy. Launched in 1986, it is one of the youngest UK national daily...
, the Calman Review white paper proposals fall short of what would normally be seen as requiring a referendum.
Referendum Bill white paper published
As a culmination to the National Conversation, a white paperWhite paper
A white paper is an authoritative report or guide that helps solve a problem. White papers are used to educate readers and help people make decisions, and are often requested and used in politics, policy, business, and technical fields. In commercial use, the term has also come to refer to...
for the proposed Referendum Bill was published on St. Andrew's Day
St. Andrew's Day
St Andrew's Day is the feast day of Saint Andrew. It is celebrated on 30 November.Saint Andrew is the patron saint of Scotland, and St Andrew's Day is Scotland's official national day...
on 30 November 2009. The 176 page paper was titled, "Your Scotland, Your Voice". The paper detailed four possible scenarios, with the text of the Bill and Referendum to be revealed later. The scenarios were: No Change, Devolution per the Calman Review, Full Devolution, and Full Independence. The Full Devolution option, while short of Independence, would make the Scottish Parliament responsible for the 'vast majority' of tax and spending in Scotland, with a remittance paid to the UK to "cover common UK public goods and services such as defence and foreign affairs." The paper acknowledged that while the SNP government did not support anything other than full independence, the Referendum Bill would have provisions for a multi-option referendum, and called on opposition parties to propose a suitable form for these options, which had according to the paper been shown by the National Conversation to have support in Scotland.
Draft Bill published for consultation
The Scottish Government published a draft version of the bill on Burns nightBurns supper
A Burns supper is a celebration of the life and poetry of the poet Robert Burns, author of many Scots poems. The suppers are normally held on or near the poet's birthday, 25 January, sometimes also known as Robert Burns Day or Burns Night , although they may in principle be held at any time of the...
, 25 February 2010, for public consultation. The 84 page document was titled Scotland's Future: Draft Referendum (Scotland) Bill Consultation Paper and contained a consultation document and a draft version of the bill. The consultation paper set out the proposed ballot papers, the mechanics of the proposed referendum, and how the proposed referendum was to be regulated. Public responses were invited from February 25 to April 30.
2010 United Kingdom general election
The UK general election was due to take place on or before 3 June 2010, before the Scottish Parliament elections due in May 2011. It was eventually called on 6 May 2010, and while the SNP hoped for influence in a hung parliament, the election instead led to a change in Westminster from a Labour majority government under Gordon BrownGordon Brown
James Gordon Brown is a British Labour Party politician who was the Prime Minister of the United Kingdom and Leader of the Labour Party from 2007 until 2010. He previously served as Chancellor of the Exchequer in the Labour Government from 1997 to 2007...
to a Conservative
Conservative Party (UK)
The Conservative Party, formally the Conservative and Unionist Party, is a centre-right political party in the United Kingdom that adheres to the philosophies of conservatism and British unionism. It is the largest political party in the UK, and is currently the largest single party in the House...
/ Liberal Democrat
Liberal Democrats
The Liberal Democrats are a social liberal political party in the United Kingdom which supports constitutional and electoral reform, progressive taxation, wealth taxation, human rights laws, cultural liberalism, banking reform and civil liberties .The party was formed in 1988 by a merger of the...
coalition government
Coalition government
A coalition government is a cabinet of a parliamentary government in which several political parties cooperate. The usual reason given for this arrangement is that no party on its own can achieve a majority in the parliament...
. The SNP failed however to increase their number of Westminster seats, falling well short of their declared target of 20, albeit holding their 6 constituencies won in 2005 but losing heavily to Labour in the Glasgow East seat won in a 2008 by-election.
Post election
After the change in government following the 2010 general election, the new Conservative / Liberal Democrat coalition government committed itself in its May 2010 Coalition AgreementConservative – Liberal Democrat Coalition Agreement
The Conservative – Liberal Democrat Coalition Agreement was a policy document drawn up following the 2010 general election in the United Kingdom...
to implementing the proposals of the Calman Commission. It was believed that this new Scotland Bill could be introduced as early as the Autumn. On 31 May 2010 the Scottish Liberal Democrats invited the SNP to join the steering group brought together to oversee its implementation, which the SNP had thus far refused to participate in, with the offer of a 'Calman Plus' type package, similar to the 'devolution max' proposal included in the draft referendum bill.
On 6 June 2010 the Scottish Government published 189 of the 222 responses received during the draft bill consultation period.
Ballot procedure
The draft bill outlines a referendum posing two yes/no questions to the electorate. Voting would be held in a single day, and can be in person at a polling booth, by proxyProxy voting
Proxy voting has two forms: delegable voting and delegated voting, which are procedures for the delegation to another member of a voting body of that member's power to vote in his absence, and/or for the selection of additional representatives, as in the case with transitive proxies...
, or by post
Postal voting
Postal voting describes the method of voting in an election whereby ballot papers are distributed or returned by post to electors, in contrast to electors voting in person at a polling station or electronically via an electronic voting system....
. Votes would be counted by hand, and a national declaration of the result would then be made. A 'yes' result for either question would be determined by simple majority, i.e. more than 50%. This means that it would be possible for a majority to be reached in the referendum without a majority of Scots supporting either proposition.
The referendum questions are to be presented as 'Proposal 1' and 'Proposal 2', to be presented on separate, differently coloured, ballot papers. The first proposal is whether there should be an extension of the powers and responsibilities of the Scottish Parliament, short of independence; while the second is whether the Scottish Parliament should "also have its powers extended to enable independence to be achieved". Voters are to be allowed to vote on both proposals, by placing an X in a box against either, "Yes, I agree", or "No, I do not agree", on each ballot paper.
Two possible versions for the wording of Proposal 1 were presented for consultation, one proposing an extension of power based on the financial recommendations of the Calman Commission, the other proposing full devolution with only some matters left to the UK parliament (sometimes called "devolution max").
Proposal 1: Additional Powers
Version 1 of Proposal 1, outlining full devolution or 'devolution max', proposes that the Scottish Parliament should be responsible for "all laws, taxes and duties in Scotland.", with the exception of "defence and foreign affairs; financial regulation, monetary policy and the currency.", which would be retained by the UK government.Titled "Increased powers and responsibilities for Scotland", it states:
- The Scottish Parliament should have its powers and responsibilities extended as described above.
Version 2 of Proposal 1, outlining Calman type fiscal reform, proposes that the Scottish Parliament should gain the additional powers and responsibilities of setting a Scottish rate of income tax that could vary by up to 10p in the pound
Pound sterling
The pound sterling , commonly called the pound, is the official currency of the United Kingdom, its Crown Dependencies and the British Overseas Territories of South Georgia and the South Sandwich Islands, British Antarctic Territory and Tristan da Cunha. It is subdivided into 100 pence...
compared to the rest of the UK, setting the rate of stamp duty land tax
Stamp duty in the United Kingdom
In the United Kingdom, stamp duty is a form of tax charged on instruments , and requires a physical stamp to be attached to or impressed upon the instrument in question. The more modern versions of the tax no longer require a physical stamp.The scope of stamp duty has been reduced dramatically in...
and "other minor taxes", and introducing new taxes in Scotland with the agreement of the UK Parliament, and finally, "limited power to borrow money."
Titled "Increased financial powers and responsibilities for Scotland", it states:
- The Scottish Parliament should have its financial powers and responsibilities extended as recommended by the Commission on Scottish Devolution.
Proposal 2: Full Independence
Proposal 2, outlining the option for full independence, proposes that the Scottish Parliament would gain the powers to be able to convert Scotland into a country which would "have the rights and responsibilities of a normal, sovereign stateSovereign state
A sovereign state, or simply, state, is a state with a defined territory on which it exercises internal and external sovereignty, a permanent population, a government, and the capacity to enter into relations with other sovereign states. It is also normally understood to be a state which is neither...
". This state would be a full Member State of the European Union
Member State of the European Union
A member state of the European Union is a state that is party to treaties of the European Union and has thereby undertaken the privileges and obligations that EU membership entails. Unlike membership of an international organisation, being an EU member state places a country under binding laws in...
, with the consequent social and economic relationship with the remainder of the UK which is already a member. Queen Elizabeth
Elizabeth II of the United Kingdom
Elizabeth II is the constitutional monarch of 16 sovereign states known as the Commonwealth realms: the United Kingdom, Canada, Australia, New Zealand, Jamaica, Barbados, the Bahamas, Grenada, Papua New Guinea, the Solomon Islands, Tuvalu, Saint Lucia, Saint Vincent and the Grenadines, Belize,...
would remain as Scotland's head of state
Head of State
A head of state is the individual that serves as the chief public representative of a monarchy, republic, federation, commonwealth or other kind of state. His or her role generally includes legitimizing the state and exercising the political powers, functions, and duties granted to the head of...
, while the United Kingdom would "become a monarchical and social Union – united kingdoms rather than a United Kingdom – maintaining a relationship forged in 1603 by the Union of the Crowns
Union of the Crowns
The Union of the Crowns was the accession of James VI, King of Scots, to the throne of England, and the consequential unification of Scotland and England under one monarch. The Union of Crowns followed the death of James' unmarried and childless first cousin twice removed, Queen Elizabeth I of...
". The currency of Scotland would remain as the pound sterling
Pound sterling
The pound sterling , commonly called the pound, is the official currency of the United Kingdom, its Crown Dependencies and the British Overseas Territories of South Georgia and the South Sandwich Islands, British Antarctic Territory and Tristan da Cunha. It is subdivided into 100 pence...
(£) unless or until the Scottish electorate chose to adopt the Euro
Euro
The euro is the official currency of the eurozone: 17 of the 27 member states of the European Union. It is also the currency used by the Institutions of the European Union. The eurozone consists of Austria, Belgium, Cyprus, Estonia, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg,...
(€), which would be left to a separate referendum.
Titled "Additional power to enable Scotland to become an independent country", it states:
- The Scottish Government proposes that, in addition to the extension of the powers and responsibilities of the Scottish Parliament set out in Proposal 1, the Parliament’s powers should also be extended to enable independence to be achieved.
Eligibility
The following people would be entitled to vote in the referendum:- British citizens resident in Scotland;
- Commonwealth citizenCommonwealth citizenA Commonwealth citizen, which replaces the former category of British subject, is generally a person who is a national of any country within the Commonwealth of Nations....
s resident in Scotland; - citizens of other EUEuropean UnionThe European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
countries resident in Scotland; - members of the House of LordsHouse of LordsThe House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
resident in Scotland; - Service/Crown personnel serving in the UK or overseas in the armed forcesBritish Armed ForcesThe British Armed Forces are the armed forces of the United Kingdom of Great Britain and Northern Ireland.Also known as Her Majesty's Armed Forces and sometimes legally the Armed Forces of the Crown, the British Armed Forces encompasses three professional uniformed services, the Royal Navy, the...
or with Her Majesty's GovernmentGovernment of the United KingdomHer Majesty's Government is the central government of the United Kingdom of Great Britain and Northern Ireland. The Government is led by the Prime Minister, who selects all the remaining Ministers...
who are registered to vote in Scotland.
People aged 16 or 17 will be allowed to vote if registered
Electoral register
The electoral roll is a listing of all those registered to vote in a particular area. The register facilitates the process of voting, helps to prevent fraud and may also be used to select people for jury duty...
on the date of the poll, in-line with the Scottish Government's desire to reduce the voting age
Voting age
A voting age is a minimum age established by law that a person must attain to be eligible to vote in a public election.The vast majority of countries in the world have established a voting age. Most governments consider that those of any age lower than the chosen threshold lack the necessary...
in Scotland to 16.
Referendum Commission
The Scottish Government proposes to set up the Scottish Referendum Commission to oversee the referendum, whose members would be "nominated by, and accountable to, the Scottish Parliament." The commission was to be "with limited exceptions, be completely independent of the Scottish Parliament and Government in the conduct of its affairs", and be modelled on the UK's Electoral CommissionElectoral Commission (United Kingdom)
The Electoral Commission is an independent body set up by the UK Parliament. It regulates party and election finance and sets standards for well-run elections...
. The rules on how to conduct the poll and campaigns for the referendum would be based on existing UK legislation, being broadly formed from the Political Parties, Elections and Referendums Act 2000
Political Parties, Elections and Referendums Act 2000
The Political Parties, Elections and Referendums Act 2000 is an Act of the Parliament of the United Kingdom that sets out how political parties, elections and referendums are to be regulated in the United Kingdom...
. A Chief Counting Officer for the poll would be appointed by Scottish ministers, and be selected from an existing or former Scottish election Returning Officer
Returning Officer
In various parliamentary systems, a returning officer is responsible for overseeing elections in one or more constituencies.-Australia:In Australia a returning officer is an employee of the Australian Electoral Commission or a State Electoral Commission who heads the local divisional office...
.
Campaign funding
For each specific proposal outcome that can be campaigned forPolitical campaign
A political campaign is an organized effort which seeks to influence the decision making process within a specific group. In democracies, political campaigns often refer to electoral campaigns, wherein representatives are chosen or referendums are decided...
, there would be allowed to exist one 'designated organisation', permitted to spend up to £750,000 on their campaign, including expenses, but they would also be entitled to one free mailshot
Mailshot
Mailshots are bulk mail advertising sent through the mail in the United Kingdom to potential customers to advertise goods or services.-History:...
to every household or voter in the poll. Political parties represented in the Scottish Parliament would be limited to a campaign budget of £100,000 including expenses, in addition to any activity through affiliation with one of the designated organisations.
Referendum date
The SNP plan as of September 2009 was for the referendum to be held on or about 30 November 2010, a significant date to Scottish national identityScottish national identity
Scottish national identity is a term referring to the sense of national identity and common culture of Scottish people and is shared by a considerable majority of the people of Scotland....
, being St. Andrew's Day
St. Andrew's Day
St Andrew's Day is the feast day of Saint Andrew. It is celebrated on 30 November.Saint Andrew is the patron saint of Scotland, and St Andrew's Day is Scotland's official national day...
.
However in May 2011, the SNP won an Overall majority in the Scottish Parliamentary Election, gaining 69 seats out of 129, therefore enough to hold an Independence Referendum.
Cost
According to the Scottish Government's consultation paper published on 25 February 2010, the cost of holding the referendum is "likely to be around £9.5 million", mostly spent on running the poll and the count. Costs would also include the postingMail
Mail, or post, is a system for transporting letters and other tangible objects: written documents, typically enclosed in envelopes, and also small packages are delivered to destinations around the world. Anything sent through the postal system is called mail or post.In principle, a postal service...
of one neutral information leaflet about the referendum to every Scottish household, and one free mailshot
Mailshot
Mailshots are bulk mail advertising sent through the mail in the United Kingdom to potential customers to advertise goods or services.-History:...
to every household or voter in the poll for the 'designated organisations' (See Campaign funding). There is to be no public funding for campaigns, which would also be subject to spending limits.
Potential consequences
Under the current system of devolution for Scotland, the Scottish Government does not have within its remit the power to declare independence from the United KingdomUnited Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, with the constitution being a reserved matter
Reserved matters
In the United Kingdom reserved matters and excepted matters are the areas of government policy where Parliament had kept the power to make laws in Scotland, Northern Ireland and Wales....
for the supreme legislative body in the UK, the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
, based in Westminster
Westminster
Westminster is an area of central London, within the City of Westminster, England. It lies on the north bank of the River Thames, southwest of the City of London and southwest of Charing Cross...
, London. According to the Scottish Government, the proposed referendum is therefore an "advisory referendum on extending the powers of the Scottish Parliament", whose result "will have no legal effect on [the United Kingdom]."
According to the Scottish Government's consultation paper published on 25 February 2010, if there was a 'yes, yes' outcome of the poll, then following the "necessary negotiations" between the Scottish and UK governments, "it would then be for the Scottish and UK Parliaments to act on the expressed will of the Scottish people". If there was a yes vote for Proposal 1 (further devolution) but not Proposal 2 (powers for independence), then depending on the measures voted for, they would be implemented by Order in Council, Sewel Motion, or a combination of the two.
With regard to legislative competence, the Scottish Government believes that Scottish Parliamentary consideration of a referendum bill, in its proposed draft form, is legitimate, under the built in flexibility of the Scotland Act 1998
Scotland Act 1998
The Scotland Act 1998 is an Act of the Parliament of the United Kingdom. It is the Act which established the devolved Scottish Parliament.The Act will be amended by the Scotland Bill 2011, if and when it receives royal assent.-History:...
.
See also
- Constitution of the United KingdomConstitution of the United KingdomThe constitution of the United Kingdom is the set of laws and principles under which the United Kingdom is governed.Unlike many other nations, the UK has no single core constitutional document. In this sense, it is said not to have a written constitution but an uncodified one...
- History of Scottish devolutionHistory of Scottish devolutionThe decision of the Parliament of Scotland to ratify the Treaty of Union in 1707 was not unanimous and from that time, individuals and organizations have advocated the return of a Scottish Parliament. Some have argued for devolution - a Scottish Parliament within the United Kingdom - whereas others...
- History of the Scottish National PartyHistory of the Scottish National PartyIn Scotland, the Scottish National Party is a centre-left political party which campaigns for Scottish independence. It currently holds power in Scotland with its leader Alex Salmond as First Minister of Scotland, following the outcome of the 2011 Scottish General Election.-Early years:The party...
- Politics of the United KingdomPolitics of the United KingdomThe politics of the United Kingdom takes place within the framework of a constitutional monarchy, in which the Monarch is the head of state and the Prime Minister of the United Kingdom is the head of government...
- Referendums in the United KingdomReferendums in the United KingdomReferendums are only occasionally held by the government of the United Kingdom. Eleven referendums have been held so far , the first in 1973; only two of these covered the whole UK...