Scottish independence referendum: Where the snags could lie

THERE are several sticking points to any referendum, with varying potential for cross-Border confrontation. Three “Wallaces” indicate maximum friction; two moderate; three minimal:

THE LEGALITY

The Coalition is adamant the SNP cannot hold any kind of referendum on independence – advisory, consultative or otherwise. Michael Moore insists it will face a challenge in court. Salmond insists it’s a matter for Scotland.

Who will hold the poll

The Scottish Government is in the driving seat here. Salmond has not ruled out holding a legally binding referendum, on which Westminster could allow the Scottish Parliament to legislate – as long as there are no strings attached. However, the consultation launched by Moore yesterday does include the option of the coalition riding roughshod over the SNP and holding its own poll.

Timing

Salmond’s announcement of a referendum in Autumn 2014 effectively trumped the coalition’s consultation. Moore ruled out an 18-month deadline but is adamant it should be held “sooner rather than later”, which still leaves some difference between the two sides.

WHO CAN VOTE

The SNP wants to see the franchise extended to 16-and 17-year-olds for the referendum. This is believed to be because youngsters are seen as being more partial to independence. The coalition are dead against this.

Who runs the vote

The SNP has been accused of “rigging” the vote over its proposal to freeze out the Electoral Commission, which usually oversees major elections and is independent of ministerial control. It follows previous clashes between the Nationalists and the commission over the way questions might be framed in any potential poll. The Scottish Government has said it wants to create a new Scottish Referendum Commission.

WHAT WILL BE ASKED

The coalition is demanding a straight “Yes” or “No” question, so the outcome is unambiguous. But Salmond is refusing to rule out the possibility of a third option that would allow devo-max – increased powers for everything but defence and foreign affairs transferred to Holyrood. It’s widely seen as a face-saving option in the event of Scots voting “No”.

Should expats vote?

Baroness Taylor raised the prospect of allowing Scots in other parts of the UK to have a vote. Salmond rules this out, adding only those in Scotland should have a say. It’s felt Scots living in other parts of the UK are more likely to be supportive of the union.