The world's most-read Scottish politics website

Wings Over Scotland


The phantom referendum

Posted on November 08, 2011 by

The theoretical possibility that the UK Government could usurp the Scottish Government and hold its own referendum on Scottish independence is one that's been kicking around ever since the SNP won its historic majority at Holyrood back in May. But one question that nobody seems to have asked is "So what?"

Much of conventional wisdom has it that only the UK Parliament has the ability to grant Scotland independence, and that the Scottish Parliament can't legally bring about the dissolution of the Union. This is essentially a fallacy, based on misunderstanding of the sovereign nature of the Scottish people, but is generally held to be an academic technicality anyway – should a referendum conducted by Holyrood indicate the desire of the Scottish electorate for independence, the idea of Westminster even attempting to refuse would in practice be unthinkable.

But were Westminster to conduct its own vote, would the situation be any different? It's hard to see how. It was recently claimed by the Tories' Lord Forsyth that Alex Salmond had told George Osborne the SNP would boycott any Westminter-led referendum. This would throw up a pretty interesting constitutional brouhaha by itself, but let's assume the referendum went ahead in 2012, the SNP did indeed refuse to collaborate in it, and let's say for the sake of argument that as a result it delivered a resounding "No" vote on a very low turnout. What then?

The UK would continue business as usual (assuming there hadn't been a civil war), and soon enough would arrive at 2015. At which point the SNP would table the referendum for which the Scottish electorate gave them an overwhelming mandate, and invite the UK Government to try to stop it.

It's difficult to identify any legal grounds on which Westminster would be able to block a referendum which the Prime Minister had repeatedly acknowledged was Holyrood's to hold. Short of Cameron sending in the tanks, the second referendum would go ahead regardless of the result of the first. The constitutional sovereignty of the Scottish people would remain unchanged, as would the unthinkability of any refusal by Westminster to accept the result. Once again, beyond military conflict there simply wouldn't be any way to keep the Union together.

(It's not even as if there isn't extremely recent precedent on these very islands for having two referenda on the same subject in the same country in close succession. Less than 16 months separated the people of the Republic Of Ireland's rejection of the Lisbon Treaty from a second vote in which it was accepted.)

So we're going to go ahead and say with some confidence that there will be no Westminster-conducted referendum on Scottish independence. That it would be democratically outrageous ought to be reason enough, let alone that it would likely be highly counter-productive, but more importantly it would be also completely pointless. Only Holyrood has a mandate for a referendum, and only Holyrood – on Holyrood's own terms – will conduct one.

Comment - please read this page for comment rules. HTML tags like <i> and <b> are permitted. Use paragraph breaks in long comments. DO NOT SIGN YOUR COMMENTS, either with a name or a slogan. If your comment does not appear immediately, DO NOT REPOST IT. Ignore these rules and I WILL KILL YOU WITH HAMMERS.


  • About

    Wings Over Scotland is a thing that exists.

    Stats: 6,944 Posts, 1,246,204 Comments

  • Recent Posts

  • Archives

  • Categories

  • Tags

  • Recent Comments

    • David Ferguson on Narrowing the options: “I’d be pretty confident in securing a conviction for fraud on the basis that no ring-fenced account was ever created,…Jul 3, 23:54
    • BLMac on Narrowing the options: “Maybe we’ll see the Augean Stables cleaned before the next election.Jul 3, 23:05
    • Skip_NC on Narrowing the options: “Sturgeon had no clue what she was parroting when she said that. It’s a minor point but I am curious…Jul 3, 22:34
    • McDuff on Narrowing the options: “Your tenacity in this matter is a credit to you rev and I am reminded of a recurring line in…Jul 3, 21:37
    • BH on Narrowing the options: “Looks like mate in 1. Neat zugzwang. Well played. Will they really play knockboardover?Jul 3, 21:03
    • Iain Ross on Narrowing the options: “If, as Sturgeon says, the accounts are prepared on “a cash flow basis”, why do the notes to accounts show…Jul 3, 20:58
    • Alf Baird on Fob, Fob, Fobbing Along: ““Cheap leccy!” In my analysis I found that most of the world’s oil rich nations also have the lowest energy…Jul 3, 20:47
    • Stephen Cowley on Narrowing the options: “Nicola Sturgeon stated on camera that the SNP accounts were prepared “on a cash flow basis”. Presumably this means that…Jul 3, 20:31
    • Hatey McHateface on Narrowing the options: “You can’t know that for sure, Mark, until you’ve worked your way through the OnlyFans directory. I hear Snooty Cow…Jul 3, 20:28
    • Mark Beggan on Narrowing the options: “Did you see my clever use of words there? That snooty cow will never show her Blips. So we will…Jul 3, 20:05
    • Andrea on Narrowing the options: “@cynicus, Actually “outwith” is a word I come across quite regularly, and I use it myself. I think I saw…Jul 3, 20:04
    • Mark Beggan on Narrowing the options: “Whos Deed?Jul 3, 19:58
    • Stuart MacKay on Narrowing the options: “I can just imagine the reply… It wasn’t in the public interest to prosecute someone for embezzling the public.Jul 3, 19:57
    • Confused on Fob, Fob, Fobbing Along: “main, unless you understand the market auction process and can explain what a CFD is, you need to STFU about…Jul 3, 19:54
    • robertkknight on Narrowing the options: “Dripping with sarcasm….love it!Jul 3, 19:52
    • James on Fob, Fob, Fobbing Along: “lolJul 3, 19:08
    • TimePilot on Narrowing the options: “Meanwhile in London readers, looks like someone has turned to comfort eating and drinking…. (caution advised this is not pretty)…Jul 3, 19:05
    • Hatey McHateface on Narrowing the options: “Surprised you’re still here. Thought you’d be at the funeral. Lasts until Thursday so there’s still time.Jul 3, 19:01
    • Hatey McHateface on Fob, Fob, Fobbing Along: “So true, Wally the Winking Walrus. All over Scotland, facts fall into line to suit the first deployer of “bum…Jul 3, 18:56
    • Hatey McHateface on Fob, Fob, Fobbing Along: “Cheap leccy! Two words that tell us you haven’t a scooby what you’re wanging oan aboot. If you really, really…Jul 3, 18:44
    • twathater on Fob, Fob, Fobbing Along: “As always Confused, bang on the money , the only things holding us back is the progressive “Be Kind arseholes”…Jul 3, 18:30
    • Al Harron on Narrowing the options: “Boom.Jul 3, 17:34
    • Captain Caveman on Fob, Fob, Fobbing Along: ““Keep believing your own prejudices.” Wow, that’s rich coming from you pal. 😀 Odious apologist.Jul 3, 17:24
    • James on Fob, Fob, Fobbing Along: ““Confused” shoots ’em down in flames. Yet again lolz “None of you anglo bumboys has even the good sense to…Jul 3, 17:23
    • Ian Smith on Narrowing the options: “Martin Guisler hinted that it wasn’t his colleague’s finest day that they considered the original missing funds investigation a big…Jul 3, 17:12
    • Cynicus on Narrowing the options: “Andrea says: 3 July, 2026 at 2:28 pm “Ingathered” is my new word of the day.” ========== Like “outwith” it…Jul 3, 17:10
    • Ian Smith on Fob, Fob, Fobbing Along: “Does doing well mean our medium income is so low that fewer class as poor? Poverty dropped during the 2008…Jul 3, 17:05
    • Mark Beggan on Narrowing the options: “I think all could be forgiven if the KC showed Scotland her Blips live on TV.Jul 3, 16:38
    • James on Fob, Fob, Fobbing Along: “So where does the cash go, Adrian? Westminster. You and your half-wit chum below you are a pair of fucking…Jul 3, 16:36
    • Luigi on Narrowing the options: “You’ve got em squirming, Rev. No more wiggle room. They must love you.Jul 3, 16:18
  • A tall tale



↑ Top