Independence legality evidence call

Aug 20 2012

The Scottish Government has offered no credible explanation on key legal issues facing an independent Scotland, according to David Cameron's senior adviser on Scots law.

Advocate general Lord Wallace challenged the SNP administration to put forward clear evidence rather than what he calls "assertion" on how it will retain EU membership, the sterling currency and UK banking regulations.

"It is time for some assertions to be examined by independent experts and allow people to have a better understanding of the strengths of the UK and what differences independence would bring about," he said.

"The current Scottish Government paint a picture of a separate Scotland that retains EU membership, retains sterling as our currency, retains UK banking regulations and gains a seat on the Bank of England monetary policy committee.

"So far they have provided no credible explanation as to how they would achieve these ambitions which, at best, depend on political negotiation with other states and international organisations.

"We need to have evidence and analysis at the heart of this debate. We are more than happy to have this subjected to scrutiny, and I would urge the Scottish Government to follow our lead by adopting an evidence-based approach and move away from mere assertion.

"The outcome of the independence referendum could take us on an irreversible path away from the rest of the UK. People need an accurate assessment of what it would mean for Scotland."

Lord Wallace of Tankerness QC, a former leader of the Scottish Liberal Democrats and a former Deputy First Minister, is expected to be joined by legal professors, senior practising lawyers and other experts in Edinburgh to discuss the issues on Tuesday.

They will consider the constitutional arrangements which the UK Government's Scotland Office says have been significantly modernised through devolution.

A government of an independent Scotland would need to renegotiate international treaties, consider whether to join the EU, legislate on pensions and banking and consider what currency to adopt, according to the Scotland Office.