One referendum or two?

Scottish secretary Michael Moore sparked a furious reaction from the Scottish government today when he suggested that a second referendum might be needed to secure Scottish independence.

Mr Moore told journalists this morning that the Scottish government could authorise an “advisory” referendum on independence, but it would be for the UK government to hold a formal, second referendum after negotiations had been completed to conclude the breakup of Britain. Mr Moore’s remarks provoked an immediate and vociferous response from Alex Salmond. The first minister described Mr Moore’s suggestion as “wittering and irrelevant” – clearly angered by the Liberal Democrat cabinet minister’s decision to put a fresh barrier in the way of Scottish independence. Up until now, UK ministers have accepted that a referendum on Scottish independence – even one organised by the Scottish government – would be binding morally if not legally. The Scottish government does not have power over the constitution and no referendum organised by the Scottish government would bind the UK government to do anything. But there has long been an acknowledgement that the referendum would carry moral authority and no administration at Westminster would be sensible to go against that. Now, though, Mr Moore has opened up the possibility that the UK government might hold its own referendum, after negotiations have been concluded on the independence deal, to give it formal backing. This means that, even if the SNP win the referendum on independence, they could find themselves thwarted later. Mr Moore said that, in terms of constitutional law, it would be for the UK government to organise a binding referendum. He said: “But there is scope for an advisory referendum within the existing rules and regulations. We are looking very carefully at that.” And he added: “We are looking to have a discussion with the Scottish government at the appropriate moment when they bring forward their proposals which they, of course, have not. “If we have an advisory referendum set up by the Scottish government I think there is a strong likelihood, and it is certainly my personal view, that you would need a second referendum on the formalities of agreeing what has been sorted out between the governments.” Mr Salmond replied: “Mr Moore’s remarks on the referendum are wittering and irrelevant nonsense – reflecting the fact that he comes up with a new off-the-cuff position every time he talks about it. Last month he said he was totally against Westminster bringing forward a referendum – it was, rightly, ‘entirely a matter for the Scottish government’ – and in the last Holyrood parliament his party was totally against having any referendum. And he added: “Acknowledged experts have made the democratic position clear, and the people of Scotland have the right to choose independence on the basis of one referendum agreed by the Scottish parliament, on a published proposal, which is then implemented – exactly as was done for devolution in 1997. When Tory backbencher Bill Walker put forward a two-referendum independence bill in the House of Commons in the 1990s, he was laughed out of the chamber by Labour, Lib Dem, SNP and even Tory MPs.”

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