Well, that’s that all settled, then 40
Keen followers of the “is it or isn’t it?” debate surrounding the legality of an independence referendum conducted without “permission” from Westminster have had much to digest recently. The much-travelled Dr Matt Qvortrup wrote a piece for the Herald yesterday [paywall] averring that – if we might strip it down to its barest bones – the legal status was actually quite strong, but didn’t really matter anyway as political reality would trump boring, nitpicky old law.
Unsurprisingly, this enraged Lallands Peat Worrier, who took several of the good Doctor’s assertions as something akin to a professional slight and launched a stinging rebuke in uncharacteristically blunt and earthy terms. Meanwhile, the UK Constitutional Law Group (comprising a number of distinguished academics) published a paper more in keeping with the Peat Worrier’s usual loquacious style, thoughtfully analysing both the legalities and the political ramifications and concluding that everyone really needed to knock their heads together and deliver the requisite mechanisms to Holyrood with the least possible delay.
Support for this view came from the Electoral Reform Society Scotland, who offered the opinion [Herald paywall link] that Holyrood should be given the explicit legal right to conduct the referendum by the UK government without any strings attached. Indeed, perhaps surprisingly the organisation went even further in suggesting that the Electoral Commission would not – despite the strenuous and sustained demands of the Unionist parties – be the appropriate body to oversee the vote.
Finally, blogosphere newcomer the Scottish Times revealed that the Scottish Democratic Alliance (yep, a new one on us too) has asked the Council of Europe to step in and monitor the referendum, fearing interference from Westminster that would contravene the UN Charter on the right of peoples to self-determination.
Pressure from impartial quarters does seem to be building on the UK Government to confer a Section 30 order on Holyrood swiftly and without conditions, although as we saw with the blunt refusal last May to enhance the Scotland Bill with measures commanding cross-party support in Edinburgh, that doesn’t necessarily mean they’ll listen. But with the SNP having added 2000 new members in a single month since David Cameron’s initial intervention in the debate, perhaps they should.


















