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Empleo y principio del fundamento donde el magistrado maneja la norma de

(Haddington National Conversation event, 28 September 2009)

10.9 The Scottish Government believes that the future prosperity and development of Scotland is best served by becoming an independent country, a view shared in the

Scottish Parliament by the Scottish Green Party. The Scottish

Government favours a referendum which presents a clear choice between achieving that aspiration and the current devolution

The Scottish Government’s preferred option

10.10 Under independence Scotland would assume the rights and responsibilities of a normal

sovereign state. This would include all decisions on economic and fiscal affairs, currency, the constitution, foreign affairs, security and defence. Scotland would be recognised as a state by the international community and be part of the European Union as a full member state.

10.11 The opportunities and challenges of independence for specific policy areas have been described in this paper and have been the subject of debate and discussion in Scotland for many years. Those who favour this vision of Scotland will be able to indicate their support for

Scottish Ministers seeking to extend the responsibilities of the Parliament to allow for

independence to be achieved.

Current devolution settlement

10.12 It is accepted that some voters do not wish Scottish Ministers to take any steps to seek to extend the responsibilities of the Scottish Parliament.

10.13 Therefore there will be an

opportunity for those who do not support any extension of current responsibilities to express that view in the referendum.

A multi-option referendum

10.14 However, despite the Scottish Government’s preference for a single choice, it acknowledges that there is support within Scotland for a range of positions seeking a variety of increased responsibilities for the Scottish Parliament. During the National Conversation such support has been heard at town hall meetings, and the National Conversation policy papers have included information on at least two such options.

10.15 The Scottish Government also accepts that a multi-option referendum might be more likely to command the support of other parties in the Scottish Parliament, if they are consistent with their

previous positions on the matter, and it would enjoy a measure of support within the country. The Scottish Government can also see some democratic advantage in posing more than one question. 10.16 However there is a problem in

deciding what the other option should be. It has been suggested since the Commission on Scottish Devolution reported in June 2009 that its recommendations should be placed before the Scottish people. Those who sponsored the Commission have refused to allow that to happen. In addition, the proposals not only fall short of being a coherent package, but they also

consultation. Furthermore there is some doubt as to whether the parties who previously supported the Commission process are still unanimously in favour of the fiscal proposals.

10.17 There is a further problem in suggesting that the Commission recommendations form an

option in a referendum. As both the Scottish and United Kingdom Governments support many of the recommendations, and as the

Scottish Government has published an approach which would

implement legislative changes within a matter of months, providing the United Kingdom Government agrees, many of the proposals could be implemented well before a referendum could be held. The Scottish Government is also working to attempt to

facilitate, with the United Kingdom Government and the Scottish Parliament, early progress on non- legislative Commission proposals regarding Scottish Parliamentary Procedures and inter-governmental relations.

10.18 However, there is an alternative set of proposals which would seek to extend the responsibilities of the Scottish Parliament, short of independence. Contributions to the National Conversation have

indicated support for a range of proposals which reduce the

reservations of policy areas under the Scotland Act, but do not

eliminate them all. For example, the devolution of broadcasting,

taxation and benefits could form elements what has been called “Devolution Max”.

10.19 Unfortunately the various

proponents of this approach have yet to bring it forward in a form in which it could provide the basis for a question in a multi-option

referendum, although the inclusion of the concept in the National Conversation policy papers, and in this paper, will have helped that process.

10.20The Referendum Bill will be introduced into the Scottish Parliament in early 2010. There will therefore be an opportunity during the Bill process for one or more of the opposition parties in the Scottish Parliament to bring forward such a proposal. If it were brought forward, the Scottish Government would be prepared to consider it as a serious option for inclusion in a multi-option referendum. Accordingly the

Referendum Bill will be constructed so that the Scottish Parliament can, if it so chooses, offer the Scottish people the opportunity to vote for a proposal about further devolution of other responsibilities to the

Scottish Parliament as part of a multi-option referendum, even though the Scottish Government does not favour this option and will not campaign for it.

10.21 A referendum is essential because the Scottish Government believes that this debate cannot be

restricted to the Scottish Parliament. The National Conversation has allowed the

people to articulate their views, and it is now time for them to be invited to express those views in a formal way.

10.22The Bill as introduced will provide the detailed framework for holding the referendum and will contain the precise form of the ballot paper for the choice described in paragraphs 10.10 – 10.13 above. The referendum will be held on a similar model to 1997, but with additional provisions to govern the scrutiny of the

process through an independent commission, the levels of finance

campaign, and the mechanism for the count. The arrangements will conform to or exceed the best international practice.

THE NEXT STEP

10.23The Scottish Government intends to bring forward the Referendum Bill early in 2010. The Scottish Parliament will be invited to pass the legislation.

ANNEX A