tag:blogger.com,1999:blog-6110794854146484721.post2648306500270764921..comments2024-03-28T09:08:50.733+00:00Comments on Law and Lawyers: Scotland's Constitutional Future: an influential Scottish voiceObiterJhttp://www.blogger.com/profile/04544226917595022902noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-6110794854146484721.post-85483948300257970512012-01-22T15:20:00.060+00:002012-01-22T15:20:00.060+00:00"An Act to ask a question in a referendum wou..."An Act to ask a question in a referendum would plainly be perfectly competent" - I disagree.<br /><br />Mr Salmond claims that the Scottish Parliament has the power to hold some form of referendum but, as my post illustrates, there is now considerable legal opinion that it does not. Seems quite proper to me that the law be examined to see whether it supports Mr Salmond's claim. You may choose to dismiss Lord Wallace's speech but he is, after all, Lord Advocate of Scotland despite his political background and it is far from being "plainly perfectly competent" for the SP to enact legislation for a referendum about the Union.<br /><br />I suspect that Mr Salmond will be persuaded that he must get the legal authority put beyond any doubt. This will be done by the proposed section 30 modification order. It is in everyone's interests that the matter be handled fully within the law.ObiterJhttps://www.blogger.com/profile/04544226917595022902noreply@blogger.comtag:blogger.com,1999:blog-6110794854146484721.post-6525206400775161682012-01-22T01:20:04.988+00:002012-01-22T01:20:04.988+00:00A "very influential" Liberal, unionist, ...A "very influential" Liberal, unionist, ex-Lib/Lab minister. Your argument is specious and child-like. Look at the Act. It's actually very sensible. In assessing "relates to" you must look at the purpose and "effect in all the circumstances" of the provision. I accept that an Act of the Scottish Parliament to dissolve the Union would be of no legal effect as outwith its competence. An Act to ask a question in a referendum would plainly be perfectly competent. <br /><br />And the politics are even plainer. If Unionists really think it would be incompetent, and really accept that the SNP has a mandate to hold a referendum, and really don't want the courts involved, and really are full of sorrowful regret that the 1998 Act prevents a referendum being held, then amend the Act to allow it. Now.Anonymousnoreply@blogger.com