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The report The Agreement on a Referendum on Independence for Scotland (HL 62) finds that serious questions remain unanswered about the Agreement reached between the UK and Scottish Governments on the holding of a referendum on Scottish independence. The Agreement provides for power to hold a referendum on Scottish independence to be devolved to the Scottish Parliament. It proposes that this be done through a ministerial order under section 30 of the Scotland Act 1998; such a process would not require an Act of Parliament, and so limits the ability of MPs and peers to control the terms of the…mehr

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The report The Agreement on a Referendum on Independence for Scotland (HL 62) finds that serious questions remain unanswered about the Agreement reached between the UK and Scottish Governments on the holding of a referendum on Scottish independence. The Agreement provides for power to hold a referendum on Scottish independence to be devolved to the Scottish Parliament. It proposes that this be done through a ministerial order under section 30 of the Scotland Act 1998; such a process would not require an Act of Parliament, and so limits the ability of MPs and peers to control the terms of the referendum. The Committee finds that neither the UK nor the Scottish Parliaments were given the opportunity to contribute directly to the Agreement negotiations, and questions whether a section 30 order would be robust enough to protect the decision to hold a referendum from legal challenge. Although such a challenge would be unlikely to succeed, it would delay the pro