SNP 'trying to rig the rules on independence referendum'

SNP ministers have been accused of deciding to exclude the Electoral Commission from running a proposed referendum on independence as part of a strategy to "rig" the poll.

The row has erupted at the beginning of a week when First Minister Alex Salmond is expected to formally unveil his draft referendum bill. It will contain the exact wording of the proposed referendum questions.

The accusations are based on minutes from meetings between the Electoral Commission and Scottish Government over the proposed referendum where serious concerns about its handling were raised.

The minutes and e-mails received under freedom of information legislation by the BBC's Politics Show reveal the Electoral Commission complained that there was "no provision to consult any organisation as to the intelligibility of the referendum question".

On 13 March, 2009, Scottish Government civil servants e-mailed the Electoral Commission stating: "We are now looking at what the question in an independence referendum might be and at some point will need to show we have properly assessed it for intelligibility, neutrality, etc."

But then at a meeting on 22 September, 2009, the Electoral Commission minute stated: "Scottish Government officials … confirmed that there was currently no provision to consult any organisation as to the intelligibility of the referendum question."

The problems posed by a multi-option referendum, now favoured by Mr Salmond, were also raised at meeting on 19 December, 2008.

But even greater concerns have been raised over secret plans by SNP ministers to create a new Scottish Referendum Commission to run the poll instead of using the Electoral Commission.

Critics point out that by creating an in-house body instead of using the usual neutral outside body, SNP ministers can keep control of the content of the question and the way the referendum is run.

The Electoral Commission is to be trusted with the referendum planned on more powers for the Welsh Assembly and questions are being asked as to why the SNP do not want it to do the same north of the Border.

In a meeting which took place on 6 November, 2009, the Electoral Commission noted: "There seems to little regard to the remit and role of what the Scottish Referendums Commissioner would actually do."

In a statement, the Electoral Commission said it had only a statutory role to play in referendums called by the Westminster parliament. For those called by other bodies, including the Scottish Parliament, the Commission has no formal role, although it may assist if asked to do so by the relevant body.

Pauline McNeill, Scottish Labour's spokeswoman for culture and the constitution, said: "These latest revelations expose how the SNP is trying to rig a referendum by getting round the rules.

"The Electoral Commission is there to be the neutral referee. By ordering the referee off the pitch, Alex Salmond is trying to avoid the scrutiny."

The Scottish Government has refused to comment on the details until the draft bill is published.

A Scottish Government spokesman said: "Our discussions with the Electoral Commission have been very helpful in taking forward our proposals to allow the people of Scotland the opportunity to have their say on the country's future."