SNP referendum bill faced legal minefield

Published on Thursday 23 September 2010 16:14

Alex Salmond's independence referendum bill faced a host of legal hurdles that had to be overcome before it could become law, a former aide to the Scottish Secretary claims today.

Writing in today's Scotsman, John McTernan makes the case that the bill, which has been ditched by the SNP because of a lack of parliamentary support, faced even more difficulties on a hazardous journey to the statute book.

Mr McTernan, a former adviser to ex-Scottish Secretary Jim Murphy and Tony Blair's former political secretary, said the Scottish Government's lawyers faced a stiff challenge to produce competent referendum legislation. According to Mr McTernan, Scotland's most senior law officer Lord Advocate Elish Angiolini would have to advise SNP ministers whether or not the bill fell within the legislative competence of the parliament.

Mr McTernan writes: "Even were she (Elish Angiolini] heavily pressurised politically she couldn't afford to give a "soft" opinion on a devolution bill. And the SG couldn't risk publishing a bill with law officers' advice that questioned the parliament's competence. Deadlock."

Scottish Tory leader Annabel Goldie said: "The legal arguments are fine and well, but the simple truth is that there is no majority for independence, little appetite for independence and the SNP has not won the argument for independence in parliament."

A spokesman for the First Minister said: "Mr McTernan has got the wrong end of the stick - it has always been the case that a referendum bill on independence depends on the questions.

"We have already published a draft bill, and will publish a final bill in the near future.

"The issue here is not allowing the London parties to vote a referendum bill down, so that the people can have their say at the election, and Scotland can then win much-needed economic and financial powers."