Scotland Act 1998 (Modification of Schedule 5) Order 2013 [Draft]

Part of the debate – in the Scottish Parliament at on 5 December 2012.

Alert me about debates like this

Photo of Margo MacDonald Margo MacDonald Independent

I will pick up where my colleague Patrick Harvie left off. When speaking to people who say that they are not sure about which way they will vote, I say, “Think what you will feel like on the day after the referendum if you vote no.” That usually makes them think and focuses their minds.

What Patrick Harvie says is absolutely true. From the point of view of people on the other side of the border, we will have created all this fuss, then, after getting the chance, bottled it. We will be disparaged and despised in some quarters and we will turn in on ourselves.

However, one or two things have occurred to me as I have been listening to the debate—and I thank all the folk who have brought it to this stage. I wonder whether members have considered whether the bill could be challenged under European law. Everyone said that it could not be challenged, but we might find that there are wrinkles in EU law, so I would like to know whether we are looking at that.

I also want to know what the relationship between the bill and the constitution will be. As I recall, the SNP had a party policy for a written constitution. Various things have been promised by way of policy from the party in government—for example, that the monarchy would remain—so who knows whether the constitution would have to be determined after independence had been established?

Could another option—devo max, perhaps—be introduced through an amendment? I am not at all sure. Others have said that it could not be, but I cannot see why it should not be.

I am a bit concerned about campaign spending. Richard Baker talked about keeping an even field, but we cannot keep an even field in campaign spending for something like this. Everybody pitches in, as we saw the American Government was willing to do.