Ministers publish Referendums Bill – but hold off requesting power
Legislation to set a legal framework for any referendum within the competence of the Scottish Parliament has today been published by the Scottish Government.
The Referendums (Scotland) Bill anticipates consent being given for the holding of a second referendum on Scottish independence, though this has not been formally requested by the Scottish Government pending the conclusion of the Brexit process, and appears unlikely to be granted by Westminster as matters stand.
It includes provision for the date, question and referendum period to be set by secondary legislation. For a referendum on independence, it is proposed that this would take place following a transfer of power, ensuring such a referendum could not be legally challenged.
First Minister Nicola Sturgeon said: "We will seek agreement to a transfer of power at an appropriate point to enable an independence referendum that is beyond challenge to be held later in this parliament. It is essential the UK Government recognises that it would be a democratic outrage if it seeks to block such a referendum – indeed, any such stance would, in my view, prove to be utterly unsustainable."
Government Business and Constitutional Relations Secretary Michael Russell added: "Although referendums have become an increasingly common feature of UK democracy, it is a long time since the framework governing them was last comprehensively reviewed.
"Introducing a standing framework for referendums is a reasonable thing for any country or Parliament to have and this legislation will put Scotland in the same position as the UK and many other countries."