We welcome the statement, published on the Lawyers for Yes website last month and written by its steering committee member Brandon Malone, that “the politico-legal reality is that the rest of the UK will be accepted as the continuing state”, that “it is therefore true to say that the public institutions of the UK would become the public institutions of the rUK” and that “the Bank of England is a UK body and the pound is the UK’s currency, and as ‘institutions’ of the UK they would stay with the UK”.
This is what the UK government and No campaigners have been saying for months, but it has still not been accepted as the legal reality by the Scottish Government, which dismisses it as mere “assertion”.
We call on the SNP and Yes Scotland finally now to be candid with Scottish voters on what the implications of a Yes vote would be:
(1) Scotland would become a new state and rUK would be a continuing state;
(2) The UK’s public institutions would become those of the rUK;
(3) This includes the Bank of England and the currency, as well the UK’s extensive network of consular and international representation.
If Scotland votes to leave the UK, she votes to leave the UK’s public institutions and the UK pound. Nothing the SNP or Yes Scotland say can guarantee that an independent Scotland would be able to share those institutions or the UK currency.
(Prof) Adam Tomkins FRSE, University of Glasgow
Richard Keen QC
Patrick Layden QC
Donald Findlay QC
Brian McConnachie QC