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Your Scotland – Your Referendum – A Consultation Document

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Footnotes

1. Your Scotland, Your Voice. Scottish Government white paper, November 2009. ISBN 978-0-7559-8114-4
http://www.scotland.gov.uk/Publications/2009/11/26155932/0

2 Scotland's Future: Draft Referendum (Scotland) Bill Consultation Paper. Scottish Government, February 2010. ISBN 978-0-7559-8244-8.

3 Scotland's Future: Draft Referendum (Scotland) Bill Consultation Paper. Scottish Government, February 2010. ISBN 978-0-7559-8244-8.

4 Scotland's Constitutional Future. UK Government Command Paper 8203, January 2012. ISBN 978-0-1018-2032-5

5 Section 30 orders are subject to the consent of the Scottish Parliament and both Houses of Parliament at Westminster. Changes to the competence of the Scottish Parliament under primary legislation (such as the Scotland Bill) require the legislative consent of the Scottish Parliament under the Sewel Convention.

6 "As a UK Government we will not be putting obstacles in the way of any referendum." (Michael Moore, Secretary of State for Scotland, quoted by PA Newswire, 8 May 2011). "We could, I suppose, try to make a constitutional issue about where the powers lie or don't, but I don't think that would be a sensible use of anybody's time." (Michael Moore, quoted by the BBC News web-site, 8 May 2011.)

7 Referendum Question Assessment Guidelines. Electoral Commission, November 2009.

8 Report into the joint Scottish Parliament and local government elections in Scotland. Ron Gould for the Electoral Commission, October 2007. The Scottish Government commissioned intelligibility testing of the ballot paper to be used in the 2012 local government elections. A report of the testing carried out by Ipsos MORI was published in March 2011.

9 Your Scotland, Your Voice. Scottish Government white paper, November 2009. ISBN 978-0-7559-8114-4
http://www.scotland.gov.uk/Publications/2009/11/26155932/0

10 The 1975 UK Referendum on continued membership of the EEC, the 1997 devolution referendums in Scotland and Wales, the 1998 Greater London Authority referendum, the 1998 referendum on the Belfast Agreement in Northern Ireland and the 2004 referendum on a regional assembly for the North East of England were all conducted without a minimum turnout requirement and with the result determined by a simple majority.

11 Examples of recent referendums in Western Europe where no minimum turnout requirement or approval threshold was set are: the 1992 Maastricht Treaty referendums in France and Ireland, the 1994 referendum on joining the EU and the 2003 referendum on adopting the Euro in Sweden, the 2005 referendums on the Constitution for the EU in Spain, France and the Netherlands, the 2006 referendum on greater autonomy for Catalonia and the 2008 and 2009 Lisbon Treaty Referendums in Ireland.

12 Scotland's Constitutional Future. UK Government Command Paper 8203, January 2012. ISBN 978-0-1018- 2032-5

13 For example two-question referendums were held in New Zealand in 1993 and 2011 on the parliamentary electoral system. On both occasions the first (or "gateway") question was about whether the existing system should change and the second gave a choice of alternative systems.

14 The Electoral Commission report into the AV Referendum was published on 19 October 2011. It contained 25 recommendations, most of which were addressed specifically at the UK Government and suggested changes to the PPERA framework for referendums. The Scottish Government will consider these recommendations with the Commission between now and the introduction of the Referendum (Scotland) Bill.

15 The Local Electoral Administration (Scotland) Act 2011 gave the Electoral Commission a statutory role in relation to local government elections in Scotland for the first time. The Act places an obligation on the Commission to report to the Scottish Parliament on its activities in this area.

16 The Association of Electoral Administrators in its report into the administration of the referendums and elections across the UK in 2011 (14 July 2011) discussed the role of the Electoral Commission in the Welsh Assembly and AV Referendums in March and May 2011. It noted that "administrators have expressed concerns about whether it is appropriate for a body established to provide advice and keep electoral matters under review – including reporting on the administration of the referendum – to have operational responsibility for that referendum". The report concluded that "... a debate is needed on the management structure for future referendums, including the respective roles and powers of the Chief Counting Officer and the Electoral Commission.

17 Scotland's Constitutional Future. UK Government Command Paper 8203, January 2012. ISBN 978-0-1018- 2032-5

18 Report on the Referendum on the Law-making Powers of the National Assembly for Wales. Electoral Commission, July 2011.