Westminster could hand Holyrood the legal power to run a Scottish independence referendum, the BBC has learned. It is one scenario being considered as the House of Lords prepares to scrutinise a bill to give the Scottish Parliament more power. The SNP government has pledged to hold a referendum in the second half of its parliamentary term.
But a debate has focused on who should be allowed to call it. Whitehall sources have now confirmed that they are discussing the possibility of using a special clause in the Scotland Act which would allow Holyrood to run the poll. A provision in the existing devolution legislation, which is known as a Section 30 order, allows for powers normally reserved to Westminster to be given to Holyrood. The decision on whether the measure could be called upon would depend on legal advice, and is also likely to contain a stipulation that any referendum would have to be held by a specific date.
Section 30
Orders made under Section 30(2) of the Scotland Act 1998 allow for modifications to be made to Schedule 5 to the Scotland Act which lists those matters that are reserved to the UK Parliament, and as such defines the competence of the Scottish Parliament. The Order making power allows the Scottish Parliament’s legislative competence to be altered by removing or updating existing reservations in, or by adding new ones.
The Scotland Bill is currently going through Westminster and would allow Holyrood to take charge of half of the income tax raised in Scotland. It would also allow control over drink-drive laws, control of speeding laws and the control of airgun legislation. A Holyrood committee said earlier this month that it was “unable to recommend” that MSPs supported the legislation.
The Scotland Bill Committee found the plans were “not yet fit for purpose” The SNP majority, with Green support, said it wanted the package to include the devolution of full tax powers, plus welfare and benefits. When Scottish Secretary Michael Moore appeared before the Scotland Bill Committee he said the coalition was “not intending” to bring forward a clarity clause in Westminster legislation to set out the terms for the referendum. He told MSPs the point was “hypothetical” and recognised the SNP’s right to run the independence vote.
News Source: BBC
