SNP warned on referendum

UK MINISTERS have warned Alex Salmond he must seek their support on the wording of his independence referendum or face the possibility of a legal challenge that could end up in the Supreme Court.

Scotland Office Minister David Mundell said a dispute over the crucial wording of the question could end up in the courts, as Unionist supporters would probably challenge it.

With Westminster having said it is for Edinburgh to propose the question, Mundell said there was "no excuse" for the First Minister not to come forward with a single question asking people whether they wanted Scotland to be independent or not. Last week Salmond indicated he was open to two questions being put in the referendum, one asking if they wanted the country to become independent and one asking if they wanted much greater financial autonomy within the UK.

He said: "There's no question of us doing anything other than 'yes' or 'no' (on independence] but the question of us adding another proposition is still open."

But, while UK ministers have said it is for Holyrood to come up with plans, Prime Minister David Cameron has now made it clear Whitehall believes there should be no distractions from the big issue of whether Scotland should be independent or not. His government say there should be just one clear and blunt question on the issue.

In an interview with Scotland on Sunday, Mundell said that if the SNP pressed ahead with a form which did not have Westminster support, disgruntled Unionists would probably go to the courts.

Such a dispute could involve a Unionist supporter challenging the Scottish Parliament's right to hold the referendum.

Lawyers said last night that such a legal challenge would go first to the Scottish courts, but could end up in the Supreme Court in London, whose validity has been attacked by Salmond and SNP ministers in recent weeks over its intervention in the Nat Fraser case.

Mundell said: "I think it is essential that we work together to make sure that it is valid and stands up to third-party scrutiny, so there are no process issues and that there are no challenges based on process."

He added: "I think it is very important the UK Government is involved in shaping the referendum to make sure we get a valid proper referendum that is free from challenge."

He said Westminster would not seek to "put obstacles" in the way of Salmond by questioning whether a referendum was within the remit of the Scottish Parliament. But he added: "That means there is no excuse for not having a clear question. There is no excuse for not having a clear question and coming up some convoluted question or some multiple choice question. There is no reason why Alex Salmond can't ask people if they want Scotland to be an independent country."

His call comes after it emerged last week that a new Cabinet committee, chaired by Cameron, has been set up to prepare for the referendum. Salmond intends to call it in the second half of the current parliament, in 2014 or 2015.

A spokesman for Salmond said: "The Scottish Parliament is perfectly capable of bringing forward its own referendum proposals, and ministers have an overwhelming mandate from the people of Scotland to proceed on that basis, offering them a clear question in a free and fair vote in due course."