| The Agreement on a Referendum on Independence for Scotland Contributor(s): The Stationery Office (Editor) |
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ISBN: 010847626X ISBN-13: 9780108476266 Publisher: Stationery Office Books (TSO) OUR PRICE: $12.35 Product Type: Paperback Published: February 2013 |
| Additional Information |
| BISAC Categories: - Law | International |
| Dewey: 341 |
| Physical Information: 0.5" H x 8" W x 11.6" (0.25 lbs) 16 pages |
| Descriptions, Reviews, Etc. |
| Publisher Description: This report finds that serious questions remain unanswered about the Agreement reached between the UK and Scottish Governments on the holding of a referendum on Scottish independence. The Agreement provides for power to hold a referendum on Scottish independence to be devolved to the Scottish Parliament. It proposes that this be done through a ministerial order under section 30 of the Scotland Act 1998; such a process would not require an Act of Parliament, and so limits the ability of MPs and peers to control the terms of the referendum. The Committee finds that neither the UK nor the Scottish Parliaments were given the opportunity to contribute directly to the Agreement negotiations. It questions whether a section 30 order would be robust enough to protect the decision to hold a referendum from legal challenge. Although such a challenge would be unlikely to succeed, it would delay the process and cause confusion. The Committee also finds that there may be legal and practical problems associated with the proposal to allow 16 and 17 year-olds to vote in a referendum.The Committee fears that, if the franchise is lowered, some 16 and 17 year-olds could be denied the right to vote because of inadequate process. The role of the Electoral Commission in important in ensuring that the referendum question is intelligible and neutral. Although the two Governments agreed on the advisory role of the Electoral Commission, the Committee thinks its advice is authoritative and should be followed. |