Out-Law News 1 min. read

Scottish Parliament confirms independence referendum procedure as Bill reaches final stage


Businesses can look forward to the publication of the Scottish Government's white paper on independence later this month, which will set out the case for Scottish independence in more detail, an expert has said.

Alastair Ross of Pinsent Masons, the law firm behind Out-Law.com, was commenting as members of the Scottish Parliament prepared to vote on the Independence Referendum Bill for the third and final time. The Bill will allow 16 and 17-year-olds across Scotland to vote in the referendum, to be held on 18 September 2014. It also sets out spending limits for political parties and campaigners in the lead-up to that date.

"Now the conduct of the referendum has been approved, we can focus on the content of the two cases – independence for Scotland, or remaining part of the United Kingdom," said Ross, a public policy expert with the firm.

"The Scottish Government's white paper on Scottish independence will be published on 26 November and should provide more of the information organisations and individuals have said that they need in order to make that choice," he said.

The Edinburgh Agreement, signed by both the Scottish and UK Governments in October 2012, gave the Scottish Parliament the power to hold a single question referendum on Scottish independence. The resulting Independence Referendum Bill sets out the details of how that referendum will be organised and regulated.

Once passed the Bill will set a formal 16-week campaign period in the run-up to the referendum, during which the amount of money any registered participant may spend on campaigning will be capped. The Bill also confirms that the referendum will be conducted under the direction of a Chief Counting Officer responsible for the appointment of local Counting Officers to run local polls, and will be overseen by the independent Electoral Commission.

The White Paper on Scottish independence will be published on 26 November, and will set out the founding structure of an independent Scotland. It will also confirm the arrangements that will apply between the referendum and the first elections for an independent Scottish Parliament in the spring of 2016 in the event of a 'yes' vote.

Deputy First Minister Nicola Sturgeon described the vote as a "special moment" for Scotland.

"This referendum will give the people of Scotland the power to decide what future we want for Scotland," she said. "It is the opportunities for all of us across Scotland to decide whether we want to make decisions on things like the economy and welfare here in Scotland - and whether we represent ourselves and speak with our own voice in the wider world - or have those decisions take in Westminster."

"In passing this Bill we will be meeting our commitment in the Edinburgh Agreement to design and deliver a referendum in Scotland, for Scotland," she said.

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