Renewing democracy through independence

This paper sets out the Scottish Government’s view that people who live in Scotland have the right to choose how they should be governed and to decide if Scotland should become an independent country. It is the second in the ‘Building a New Scotland’ series, focusing on independence.


Endnotes

1. Speech to the Scottish Constitutional Convention (30 March 1989) as recounted in Wright, K. The People Say Yes: The Making of Scotland's Parliament. Glendaruel: Argyll Publishing, 1997, p52

2. Anon, 1988. A Claim of Right for Scotland, Edinburgh: [The Campaign].

3. Scottish Government (2022) Independence In The Modern World. Wealthier Happier, Fairer: Why Not Scotland? (Independence in the modern world. Wealthier, happier, fairer: why not Scotland? – gov.scot (www.gov.scot)). See also, for instance, the OECD's UK Economic Snapshot (December 2021), which noted that the UK has 'one of the highest shares of under-qualified workers among OECD countries'; that 'after decades of public under-investment, there is a considerable need to invest in infrastructure, including digital'; and that 'high child-care costs continue to pose a problem for working mothers'

4. The Office for Budget Responsibility's Brexit Analysis (2022) assumes that Brexit "will reduce long-run productivity growth by 4% relative to remaining in the EU"

5. Scottish Government (2022) Independence In The Modern World. Wealthier Happier, Fairer: Why Not Scotland? (Independence in the modern world. Wealthier, happier, fairer: why not Scotland? – gov.scot (www.gov.scot)).

6. Framework for Tax 2021

7. Legislation setting out the devolved powers is the Scotland Act 2016 and the Social Security (Scotland) Act 2018. Further information can be found at Social Security Scotland

8. Institute for Government (2021) The United Kingdom Internal Market Act 2020, p7

9. Institute for Government (2021) The United Kingdom Internal Market Act 2020, p20

10. UK Government Ministry of Justice (2021) Human Rights Act Reform: A Modern Bill Of Rights. A consultation to reform the Human Rights Act 1998

11. Keating, M (2020) Back to the Unitary State? (Centre on Constitutional Change)

12. The Labour Party (Scottish Council), The Government of Scotland: Evidence of the Labour Party in Scotland to the Commission on the Constitution, March 1970. Print

13. Thatcher, M. The Downing Street Years, London: HarperCollins, 1993, p624

14. Ewing, W. Speech to the reconvened Scottish Parliament, (Scottish Parliament, 12 May 1999)

15. Scottish Conservatives (2014) Joint statement on more devolution for UK (Centre on Constitutional Change)

16. May, T PM speech on the Union (UK Government, 4 July 2019)

17. Dewar, D. Speech at the opening of the Scottish Parliament (Scottish Parliament, 1 July 1999)

18. Reid, S, Montagu, I, and Scholes, A (2019) Scottish Social Attitudes Survey 2019: attitudes to government and political engagement (Scottish Government). See Figure 3 and Figure 4 in this paper.

19. Keating, M (2020) Back to the Unitary State? (Centre on Constitutional Change)

20. See Section 28 of the Scotland Act 1998

21. Scottish Government (2019) Scotland's right to choose: putting Scotland's future in Scotland's hands, p4 and note 7

22. The terms of the policy were first set out by Lord Sewel in the House of Lords during the passage of the Scotland Bill 1997‑98 on 21 July 1998. House of Commons Library (2005) The Sewel Convention

23. See Section 2 of the Scotland Act 2016

24. The Supreme Court (2017) Judgement (on the application of Miller and another) (Respondents) v Secretary of State for Exiting the European Union (Appellant) and 2 Judicial Reviews, para 148

25. "Prior to 2016, the Scottish Parliament's only vote to deny legislative consent was on aspects of the Welfare Reform Bill in 2011. It has since voted against consent on a further seven occasions, including in relation to four Brexit-related bills". Institute for Government (2022) Sewel convention (update date 9 February 2022)

26. Details are set out in Scottish Government (2021) After Brexit: The UK Internal Market Act and devolution

27. Deputy First Minister quoted in BBC news report, 13 January 2022 New forum for talks between leaders from across UKBBC News. See also Review of intergovernmental relations – GOV.UK (www.gov.uk)

28. See First Minister letters of 31 March 2017 and 19 December 2019 – Scottish Government (2017) Section 30 letter (2017); Scottish Government (2019) Section 30 letter (2019) (as reported in The Scotsman), and Brooks, L (2021) Scottish independence: Boris Johnson pushes back against IndyRef2 The Guardian. See also the response of the UK government to the First Minister's statement on 28 June 2022 – Scottish independence: 19 October 2023 proposed as date for referendum and BBC News (2022) Supreme Court to rule on Scottish referendum plan - BBC News

29. See Senedd (2022) Transcript of Legislation, Justice and Constitution Committee 14 March 2022 session and the statement by the Welsh Government spokesperson on 10 February 2022 reported in BBC News (2022) Blocking of challenge to UK post-Brexit trade law upheld

30. Miles, J. We will no longer tolerate a 'get what you're given' approach to devolution (Welsh Government, Brexit Minister speech to National Eisteddfod, August 2019)

31. The view of the Welsh Government is that "… the United Kingdom is best seen now as a voluntary association of nations taking the form of a multi-national state". Welsh Government (2021) Reforming our Union: Shared governance in the UK

32. Scottish Government (2019) Scotland's right to choose: putting Scotland's future in Scotland's hands, p8

33. Scottish Government (2019) Scotland's right to choose: putting Scotland's future in Scotland's hands. These views are also supported by the Welsh Government, in terms of understanding the rights of individual nations, as set out in: Welsh Government (2021) Reforming our Union: Shared governance in the UK

34. First Minister, quoted in Paton, C. Sturgeon: Sinn Fein success shows 'big questions' being asked about UK future, The Independent, 7 May 2022

35. 59 of 650 MPs – approx. 9% of UK parliamentary constituencies, with the current population of Scotland approximately 8% of the UK population. See UK Parliament Parliamentary constituencies (accessed May 2022) and Office for National Statistics (2021) Population estimates for the UK, England and Wales, Scotland and Northern Ireland: mid-2020 (accessed May 2022)

36. National Records of Scotland (2022) Projected Population of Scotland (2020-based)

37. House of Commons Library (2014) General Elections without Scotland, Part 1: 1945-2010. The House of Commons Library analysis went up to the 2010 UK general election. Using the same methodology to look at the 2015, 2017 and 2019 elections shows that, on each occasion, the largest party following the election would not have been different if Scottish constituencies were not included.

38. House of Commons Library (2021) UK Election Statistics: 1918-2021: A century of elections

39. No other religious officeholders are entitled to places in the Lords, although some religious leaders have been given life peerages.

40. UK Parliament MPs and Lords: Lords membership (Numbers correct as at 10 May 2022)

41. The UK Parliament is the only bicameral legislature whose upper house is larger than its lower house, and it is the second-largest legislative body in the world, after the Chinese National People's Congress. There are a few remaining legislatures with some hereditary element, mainly reflecting tribal sociology in their countries: Senate of Lesotho Lesotho Senate – Lesotho Senate (parliament.ls), House of Elders in Somaliland House of Elders (Somaliland) – Upper Chamber (govsomaliland.org)

42. Russell, M (2020) Boris Johnson's 36 new peerages make the need to constrain prime ministerial appointments to the House of Lords clearer than ever The Constitution Unit (blog)

43. Under the Parliament Acts 1911 and 1949, the Lords ability to veto Bills (other than Bills to extend the duration of a Parliament, and some types of less common legislation) was limited so that they could become law despite the opposition of the Lords in certain circumstances. Seven Bills have been passed under the provisions of the Parliament Acts. And Money Bills, that is Bills designed to raise money through taxes or spend public money, may only begin in the Commons and must receive Royal Assent no later than a month after being introduced in the Lords, even if the Lords has not passed them. The Lords cannot amend Money Bills. UK Parliament, The Parliament Acts

44. For example, the United Kingdom Internal Market Act 2020

45. Electoral Reform Society First Past the Post (accessed May 2022)

46. Of the 21 UK general elections since the Second World War, only three have not produced a majority government: February 1974 (Labour minority government), 2010 (Conservative-Liberal Democrat coalition government), and 2017 (Conservative minority government). The last election at which a single-party UK Government was formed that secured over 50% of the popular vote was in 1931, though in 1955 and 1959 the Conservative Party won over 49% of the popular vote, and in 2010 the combined vote of the Conservative and Liberal Democrat parties UK-wide was 59%. See also: Electoral Reform Society Proportional Representation (accessed May 2022)

47. House of Commons Library (2015) General Election 2015: the results in context

48. House of Commons Library (2020) General Election 2019: full results and analysis

49. Singh, K UK PM Johnson: All Conservative election candidates pledge to back my Brexit deal, Reuters, 16 November 2019

50. Thewliss, A MP contribution to House of Commons 2017 debate on Proportional Representation, UK Parliament, Hansard, debated on 30 October 2017. See also Sheppard, T MP contribution to House of Commons 2019 debate on Proportional Representation UK Parliament, Hansard, debated on 23 April 2019; and, Stone, J The SNP would vote to introduce proportional representation at Westminster, Nicola Sturgeon confirms, The Independent, 4 May 2015

51. Scottish Parliament elections are held under the Additional Member System, where 73 MSPs are elected in single-member constituencies and 56 MSPs are elected on regional lists (Scottish Parliament, How MSPs are elected)

52. Electoral Management Board for Scotland (2021) Votes and seats by party for Scottish Parliament Election 2021

53. The other devolved legislatures in the UK are also elected by proportional representation. The Senedd (Welsh Parliament) uses the same Additional Member System as the Scottish Parliament. The Northern Ireland Assembly uses the Single Transferable Vote system, where voters elect 90 MLAs from 18 constituencies, by ranking candidates

54. Following the 1999 and 2003 Scottish Parliament elections, Labour / Liberal Democrat coalition administrations were formed. Following the 2007 and 2016 Scottish Parliament elections, Scottish National Party minority administrations were formed. Following the 2011 Scottish Parliament election, a majority Scottish National Party administration was formed. And currently, following the 2021 Scottish Parliament election, the administration is formed by the Scottish National Party and, following the conclusion of a cooperation agreement with the Scottish Government, the Scottish Green Party.

55. The Scottish National Party, Scottish Conservative Party, Scottish Labour Party, Scottish Liberal Democrat Party, Scottish Greens, Scottish Socialist Party and Scottish Senior Citizens Unity Party have had MSPs elected. The Scottish Socialist Party split, also creating the "Solidarity" party, but Solidarity did not win a seat at an election. SNP, Labour, Liberal Democrat and Scottish Green Party members have held ministerial office.

56. Wragg, W MP. Letter from Public Administration and Constitutional Affairs Committee to Secretary of State regarding Elections Bill House of Commons, Public Administration and Constitutional Affairs Committee, 12 April 2022

57. Legislative Consent Motion Reference S6M-03009 on UK Elections Bill, Scottish Parliament, 1 February 2022. See also Electoral Commission (2020) 2019 electoral fraud data

58. Power, S (2021) Eroding the independence of the Electoral Commission: the introduction of a government Strategy and Policy Statement The Constitution Society

59. The Septennial Act 1715, as amended by the Parliament Act 1911

60. on 4 September 2019, 9 September 2019 and 28 October 2019

61. Dissolution and Calling of Parliament Act 2022 (c.11) TSO (The Stationery Office), 2022

62. House of Commons Public Administration and Constitutional Affairs Committee The Fixed-term Parliaments Act 2011 Sixth Report of Session 2019–21, HC 167, 15 September 2020, paragraph 7

63. cf ss 31(2A), (4) and (5) and 31A, 32(2A) and 32A of the Scotland Act 1998, inserted by the Scotland Act 2016.

64. Dewar, D. Speech at the opening of the Scottish Parliament (Scottish Parliament, 1 July 1999)

65. Dewar, D. Speech at the opening of the Scottish Parliament (Scottish Parliament, 1 July 1999)

66. Social Security Scotland – Our Charter

67. Mygov.scot Scottish Child Payment – How it works; Social Security Scotland Scottish Child Payment doubles 4 April 2022

68. Scottish Government (2021) Recorded Crime in Scotland Statistics, 2020-2021 (Accessed May 2022)

69. Reid, S, Montagu I, and Scholes A (2019) Scottish Social Attitudes Survey 2019: attitudes to government and political engagement (Scottish Government). Data are available for all years between 1999-2019, apart from 2008, 2014 and 2018. Data from the most recent Scottish Social Attitudes survey are due to be published in autumn 2022

70. Reid, S, Montagu I, and Scholes A (2019) Scottish Social Attitudes Survey 2019: attitudes to government and political engagement (Scottish Government). Data are available for all years between 1999-2019, apart from 2008, 2014 and 2018. Data from the most recent Scottish Social Attitudes survey are due to be published in autumn 2022

71. HM Government, and the Scottish Government Agreement between the United Kingdom Government and the Scottish Government on a referendum on independence for Scotland, Edinburgh, 15 October 2012

72. UK Government (2016) Joint Ministerial Committee communiqué providing the terms of reference for the new Joint Ministerial Committee on EU Negotiations. This set out a commitment to collaborative working across the UK to determine the UK's approach to EU exit.

73. This approach sought to explore common ground with the UK Government around a solution that would protect Scotland's place in the EU single market from within the UK: see Scottish Government (2016) Scotland's Place in Europe

74. See: UK Government (2018) European Union (Withdrawal) Act 2018; UK Government (2020) European Union (Withdrawal Agreement) Act 2020; UK Government (2020) European Union (Future Relationship) Act 2020; UK Government (2020) United Kingdom Internal Market Act 2020; Institute for Government (2022) Sewel convention

75. The Act was imposed despite the establishment by the four governments of a Common Frameworks programme to agree common ways of working that would respect devolution and ensure "the functioning of the UK internal market, while acknowledging policy divergence". See UK Government (2016) Joint Ministerial Committee communiqué: 24 October 2016

76. See paragraph 54 in Scottish Government (2021) After Brexit: The UK Internal Market Act and devolution

77. Scottish Government (2021) UK Shared Prosperity Fund and the Levelling Up agenda: letter from the Just Transition, Employment and Fair Work Minister; see also McHarg, A. (2022) Devolution: A View From Scotland – Constitutional Law Matters (Centre for Public Law, University of Cambridge) – "UK Government Ministers have acquired new powers to act in devolved policy areas, for instance under the UK Shared Prosperity Fund which, unlike the EU funding schemes it replaces, bypasses the devolved institutions altogether."

78. NPC (2022) Levelling Up and social needs: An analysis of government's progress

79. Professional Qualifications Act 2022 (c.20), TSO (The Stationery Office), 2022

80. The Scottish Parliament (2021) Professional Qualifications Bill

81. Senedd (2021) Legislative Consent: Professional Qualifications Bill

82. Welsh Government (2021) Reforming our Union: Shared governance in the UK June 2021

83. UK Parliament (2021) Constitution Committee – Corrected oral evidence: Future governance of the UK

84. UK Government (2022) Queen's Speech 2022

85. UK Government (2022) Levelling Up the United Kingdom, pp5-6

86. UK Government (2022) Levelling-Up and Regeneration Bill: Explanatory Notes, p244, para 1539

87. UK Government (2022) Review of intergovernmental relations – GOV.UK (www.gov.uk), p1

88. i Team Theresa May's speech to Scottish Tory conference – in full, i, 3 March 2017

89. UK Government (2022) Levelling Up the United Kingdom, pxx

90. Scottish Government (2022) Independence In The Modern World. Wealthier Happier, Fairer: Why Not Scotland? (Independence in the modern world. Wealthier, happier, fairer: why not Scotland? – gov.scot (www.gov.scot)).

91. This relates to the period 1964-65 to 2020-21; Scottish Government calculations based on figures from the North Sea Transition Authority. North Sea Transition Authority (2022) Government revenues from UK oil and gas production

92. Roberts, C and Lawrence, M (2018) Our Common Wealth: A Citizens' Wealth Fund for the UK (IPPR Commission on Economic Justice)

93. Atkinson, G and Hamilton, K. Sustaining wealth: Simulating a sovereign wealth fund for the UK's oil and gas resources, past and future, Energy Policy, Vol 139, April 2020, 111273

94. Norges Bank Investment Management. Market value (Accessed May 2022)

95. Roberts, C and Lawrence, M (2018) Our Common Wealth: A Citizens' Wealth Fund for the UK (IPPR Commission on Economic Justice)

96. See 'Robert Skidelsky: Artificial limits on borrowing must be scrapped' and 'David Blanchflower: The economy must serve ordinary people, not hedge funds' in New Statesman (2020) Top economists warn the UK not to repeat austerity after the Covid-19 crisis; see also Wren-Lewis, S (2018) The Lies We Were Told: Politics, Economics, Austerity and Brexit (Bristol University Press)

97. Scottish Government (2021) The Scottish Government's Medium Term Financial Strategy

98. Scottish Government (2020) UK Budget must deliver on promises – Scottish Finance Secretary letter to the Chancellor of the Exchequer, 8 March 2020

99. Scottish Government (2020) UK Budget must deliver on promises – Scottish Finance Secretary letter to the Chancellor of the Exchequer, 8 March 2020

100. Scottish Government (2019) 2019 Annual Report on Welfare Reform; Scottish Government (2022) Welfare reform analysis

101. Scottish Government (2019) Mitigating UK Government welfare cuts

102. Scottish Fiscal Commission (2021) Scotland's Economic and Fiscal Forecasts – December 2021; and Scottish Government analysis of DWP statistics for November 2021 (Stat-Xplore).

103. Based on calculation of the number of capped households on either Universal Credit or Housing Benefit multiplied by the average benefit cap capped amount, using DWP November 2021 data available on statXplore (Stat-Xplore).

104. Phillips D (2021) How and why has the Scottish Government's funding changed in recent years? (Institute for Fiscal Studies)

105. Phillips D (2021) How and why has the Scottish Government's funding changed in recent years? (Institute for Fiscal Studies)

106. HM Treasury (2021) Public Expenditure Statistical Analyses 2021, 2016, 2011

107. Scottish Government (2019) Scotland's Right to Choose Putting Scotland's Future in Scotland's Hands

108. For example, "It's disingenuous to say No means out and Yes means in, when actually the opposite is true. No means we stay in, we are members of the European Union." Leader of the Scottish Conservative Party Ruth Davidson, STV referendum debate, 2 September 2014; "[The Scottish Government] want to try and pretend that if we stay in the United Kingdom we will be out. What we have got in the United Kingdom is three party leaders – Nick Clegg, Ed Miliband and David Cameron – all who say that they support the continued membership of the European Union. The only guaranteed way of leaving the European Union is to leave the United Kingdom." Secretary of State for Scotland, Alistair Carmichael, Scotland Tonight Debate, 28 November 2013.

109. UK Government (2014) Scotland analysis: EU and international issues

110. Scottish Government (2013) Scotland's Future

111. Scottish Government (2013) Scotland's Future

112. BBC News (2015) Nicola Sturgeon warns of EU exit 'backlash'

113. Stone, J David Cameron's victory speech: The full text of the speech delivered on Downing Street The Independent, 9 May 2015

114. Scottish Government (2016) Scotland's Place in Europe

115. For example, see motions S5M-01412 (14 September 2016) on agreeing a UK approach and objectives for negotiations; S5M-02488 (15 November 2016) on seeking clarity from the UK Government its proposals for leaving the EU; S5M-03427 (17 January 2017) on Scotland's Place in Europe; S5M-03858 (7 February 2017) calling for the European Union (Notification of Withdrawal) Bill not to be passed until effective consultation with the devolved administrations has been agreed.

116. The Scottish Parliament (2016) Motion ref. S5M-01412 Implications of the EU Referendum Result and UK Negotiating Position – "That the Parliament recognises the importance of EU membership to Scotland and welcomes the Prime Minister's assurance that she will not trigger Article 50 of the Lisbon Treaty until there is an agreed UK approach and objectives for negotiations; agrees that Scotland's interests are best served within the EU and that a key objective must be for Scotland and the UK to remain inside the EU Single Market; supports the Scottish Government participating fully in all negotiations between the UK Government and the EU in the run-up to, and during, the Article 50 process, while consulting and reporting back to the Parliament on its objectives, and supports an approach that protects Scotland's democratic and economic interests, social protection, the principle of solidarity and the ability to influence decision-making within the EU.", Agreed: for 87, against 34.

117. Vote to mandate the Scottish Government to discuss options for protecting Scottish relationship with EU and place in Single Market – The Scottish Parliament (2016) Meeting of the Parliament 28 June 2016; Vote to prevent UK government triggering article 50 until there is an agreed UK approach and objectives to negotiations – The Scottish Parliament (2016) Meeting of the Parliament 14 September 2016; Article 50 triggered on 29 March 2017 without agreed UK approach; Vote calling for UK govt not to proceed with article 50 bill in absence of a clear plan and joint approach – The Scottish Parliament (2017) Motion ref. S5M-03858: Article 50; All parties except Conservatives vote to refuse legislative consent for EU withdrawal bill – The Scottish Parliament (2018) Motion ref. S5M-12223 European Union (Withdrawal) Bill

118. The Scottish Parliament (2020) Motion ref. S5M-23815: Trade and Co-operation Agreement between the United Kingdom and the European Union; The Scottish Parliament (2017) Minutes of Proceedings: Parliamentary Year 1, No. 63, Session 5; Wilkinson M (2017) Theresa May confirms Britain will leave Single Market as she sets out 12-point Brexit plan The Telegraph, 17 January 2017

119. National Records of Scotland (2022) Projected Population of Scotland (2020-based)

120. UK Government (2006) A points-based system: making migration work for Britain

121. Home Office (2012) Statement of Intent: Changes Affecting Study, Post-Study Work and Maintenance Requirements for Students and Workers

122. The Smith Commission (2014) The Smith Commission

123. Scottish Government (2015) Post Study Work Working Group Report to Scottish Ministers

124. UK Government Graduate visa (Accessed May 2022)

125. Expert Advisory Group on Migration and Population (2020) UK immigration policy after leaving the EU: impacts on Scotland's economy, population and society – July 2020 update (Scottish Government)

126. Expert Advisory Group on Migration and Population (2019) UK immigration policy after leaving the EU: impacts on Scotland's economy, population and society (Scottish Government)

127. Scottish Government (2018) Scotland's population needs and migration policy: discussion paper

128. Previous Scottish Government modelling simulated a reduction in net overseas migration based on the difference between the principal and high migration variant in the NRS 2016 projections. The high migration variant was closer to the actual data on net migration at the time. Office for Budget Responsibility also judged in their November 2016 forecast report that without the Brexit referendum it would be more appropriate to base forecasts on the high migration variant. Economic and fiscal outlook – November 2016 - Office for Budget Responsibility (obr.uk)

129. Scottish Government (2020) Migration: helping Scotland prosper

130. "Immigration is and will remain a reserved matter. This Government will introduce a points-based immigration system that works in the interests of the whole of the United Kingdom, including Scotland. Applying different immigration rules to different parts of the UK would significantly complicate the immigration system" Parliamentary Under-Secretary of State for the Home Department (2020) "Migration: Helping Scotland Prosper" Volume 671: debated on Monday 10 February 2020 (UK Parliament); see Scottish Government (2020) Scottish Government response to the Migration Advisory Committee Call for Evidence on the Shortage Occupation List

131. STV News (2016) Michael Gove: Brexit could lead to devolving immigration

132. Kenny, M, Rycroft, P and Sheldon, J (2021) Union at the Crossroads: Can the British state handle the challenges of devolution? (The Constitution Society); Blick, A (2016) Federalism: The UK's Future? (The Federal Trust for Education and Research)

133. Martin, C (2021) Resist, reform or re-run?: Short- and long-term reflections on Scotland and independence referendums (Blavatnik School of Government, University of Oxford)

134. The Smith Commission (2014) Report of the Smith Commission for further devolution of powers to the Scottish Parliament, p12

135. For example, "The Acts of Union of 1707 […] marked the beginning of a single multi-nation state." Scotland analysis: devolution and the implications of Scottish independence, UK Government, HMSO, 2013 (Cmnd. 8554): "Scotland is a nation and voluntarily entered into Union with England as a partner and not as a dependency". Report of the Royal Commission on Scottish Affairs. HMSO, 1954 (Cmnd. 9212); "successive UK Governments have said that, should a majority of people in any part of the multi-national UK express a clear desire to leave it through a fair and democratic process, the UK Government would not seek to prevent that happening." Scotland analysis: devolution and the implications of Scottish independence, UK Government, HMSO, 2013 (Cmnd. 8554); "And if the Union is to flourish in the future a more concerted recognition of Scotland's status as a nation will be necessary. It should be a mark of Scotland's self-confidence in her own status as a nation that she shares her sovereignty with the other parts of the United Kingdom. But the willingness to share that sovereignty must never be taken for granted." Scotland in the Union: a partnership for good. HMSO, 1993 (Cmnd. 2225); "Scotland is a proud historic nation in the United Kingdom and the plans we put forward in this White Paper will give it an exciting new role within the United Kingdom." Scotland's Parliament. HMSO, 1997 (Cmnd. 3658);

136. The Scottish Parliament (2017) Motion S5M-04710: Scotland's Choice – "That the Parliament acknowledges the sovereign right of the Scottish people to determine the form of government best suited to their needs and therefore mandates the Scottish Government to take forward discussions with the UK Government on the details of an order under section 30 of the Scotland Act 1998 to ensure that the Scottish Parliament can legislate for a referendum to be held that will give the people of Scotland a choice over the future direction and governance of their country at a time, and with a question and franchise, determined by the Scottish Parliament, which would most appropriately be between the autumn of 2018, when there is clarity over the outcome of the Brexit negotiations, and around the point at which the UK leaves the EU in spring 2019; believes that this gives people in Scotland a choice at a time when there is both the most information and most opportunity to act; further believes that 16 and 17-year-olds and EU citizens, who were excluded from the EU referendum, should be entitled to vote, and considers that this referendum is necessary given the Prime Minister's decision to negotiate a hard exit from the EU, including leaving the single market, which conflicts with assurances given by the UK Government and prominent Leave campaigners, and which takes no account of the overwhelming Remain vote in Scotland." Agreed: for 69, against 59

137. SNP (2017) Stronger for Scotland – The SNP General Election Manifesto, p8

138. SNP (2019) Stronger for Scotland – The SNP General Election Manifesto, p10; Scottish Greens (2019) Demand Climate Action!

139. Scottish Government (2021) Scottish Government and Scottish Green Party – Shared Policy Programme, p6

140. Scottish Government (2019) Scotland's right to choose: putting Scotland's future in Scotland's hands, p22. Scottish Government 2022 Next steps in independence referendum set out – gov.scot (www.gov.scot)

141. McHarg, A. (2022) Devolution: A View From Scotland – Constitutional Law Matters (Centre for Public Law, University of Cambridge)

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