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Sir, The political furore after Wendy Alexander’s call for a referendum on Scottish independence (report, May 12) suggests that if the Scots vote “yes”, they would automatically become independent. Not so. The most that a referendum initiated by the Scottish Parliament could achieve is to authorise the Scottish government to open negotiations with the UK Government.
Those negotiations would cover a wide range of complex issues that could take a long time to conclude. The Czech-Slovak “velvet divorce” in 1992 required 31 treaties and more than 2,000 agreements. These would constitute the terms of independence on which the people of Scotland deserve a separate vote.
The Constitution Unit has long argued that Scottish independence requires two referendums. The first reason is a question of law: under the Scotland Act only Westminster could authorise the second referendum that would grant Scotland independence.
But there are also reasons of principle why there should be two referendums. People in Scotland might support independence in principle but would think again when confronted with the terms of independence. The terms will include not just issues like North Sea oil, but division of the national debt, Scotland’s continued membership of the EU (not automatic), and the future of the UK’s defence bases on the Clyde.
There can be no doubt that the first referendum, if passed, would give the Scottish government authority to demand independence, and compel the UK Government to enter into negotiations. But the Scots are entitled to know the detailed terms of independence before making the final, momentous decision.
Prof Robert Hazell
Director, the Constitution Unit, School of Public Policy, University College,
London
Sir, I have been following with interest the debate about just who should vote in the Scottish referendum. As a Londoner, I felt aggrieved that I wasn’t allowed to vote in the recent mayoral elections. I was born in London, went to school there, married there. My grandmother was born in Soho and, if ancestry is to be believed, my family on both sides have lived in London for at least 200 years. My career has taken me away from London, it is true, but my French friends, who have been away from France for almost as long, were able to vote by going to the consulate. Same thing for Americans.
Could not polling stations have been set up in leading cities where those who could produce a birth certificate, do a Tommy Steele impersonation and respond to questions in rhyming slang get to vote? Many newcomers who can barely speak cockney were given a voice. Is the same injustice going to be visited upon the Scots?
Michael Freeman
Bristol
Sir, Can we please ignore the siren calls of English and Scottish nationalists wanting the dissolution of our United Kingdom? We don’t need our fellow Britons to do Brussels’s work for it.
Eric Brown
Bromley, Kent
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Jamal Akhbar, you would have to be drawing a very odd shaped line were that to be the case. Have a look at the links Denis Cooper has posted to see the truth. The UK has operated a Continental Shelf internal jurisdiction "border" between Scotland and England in the North Sea for forty years!
William, Glasgow, Scotland
If you get a map. And you draw the line. You will notice that most of the oilfield is English. But don't tell the SNP! It's going to be such a big surprise! Shhh.
Jamal Akhbar, Glasgow, Great Britain
Would not a much better solution be for the British Parliament to repeal the legislation that allowed the devolution in the first place?
And while they are at it, maybe put the House of Lords back as well.
tpl, guelph, canada
Austin, according to the British government's own Continental Shelf (Jurisdiction) Order 1968:
http://www.un.org/Depts/los/LEGISLATIONANDTREATIES/PDFFILES/GBR_1968_Order892.pdf
the border in the North Sea is latitude 55°50'N, so almost all of the oil would belong to an independent Scotland.
Denis Cooper, Maidenhead, England
Scotland is parasitical charity case. Throw us out of the uk .
now.PLEEEEEEEEEEEZE.You will then find that London is a
greater drain on the uks resources than two Scotlands could
ever be.
thorfinn geddes, aberdeen , aberdeenshire
Austin, complete rubbish!
UN Laws and Conventions on the Sea and Continental Shelf would blatantly put 80%-95% of reserves within Scots waters should secession occur. The huge majority of oil fields fall under the Scottish legal system and policing.
Unless you like flouting international law?
Graeme, London Scot, London,
Draw a line directly out to sea from Northumberland as an extension of the border, and England would get about half the North Sea oil. The Scots need to recognise this and learn their geography before claiming that this resource is all theirs.
Austin, London,
Delighted to hear you say that Dorothy...
You could also inform the gentleman from Newmarket where Westminster gets around £30 BILLION in revenues from: 30 billion not even counted as our contribution to UK plc by our pals in HMT! There's gratitude for you! Honestly, and they say WE'RE tight...
Graeme, London Scot, London,
The £11Bn "subsidy" to Scotland is a fiction, pushed by Mr Brown to deter the Scots from voting for the SNP. A better analysis for 2004/5:
http://www.scottishpolitics.org/scotching/greatdeception.html
showed that Scotland subsidised England, and with current oil prices that is certainly true.
Denis Cooper, Maidenhead, England
Delighted to hear you say that ,Martin.
Tell me where do you get 11 billion??
Disgusted Dorothy, Glasgow, Scotland
If there were a referendum in England about this, I would tick the "yes" box without hesitation. An extra £11Bn a year would be a big help to the English economy.
It would also mean Mr Brown could no longer be PM.
Martin, Newmarket, UK