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EDINBURGH, UNITED KINGDOM - FEBRUARY 09: Scottish Party Leaders (L-R) Scottish Green Party Leader Patrick Harvie, Scottish Lib Dem Leader Willie Rennie, Scottish Labour Leader Johann Lamont, Scottish Conserative Leader Ruth Davidson, First Minister... View Photo »
Scotland's First Minister Alex Salmond speaks during First Minister's Questions at the Scottish Parliament in Edinburgh Thursday Jan. 26, 2012. Scotland's leader has presented his proposal for a ballot on independence _ and his ideas include letting 16-... View Photo »
Scotland's First Minister Alex Salmond(C) launches his plans for consultation for a referendum on independence for Scotland in the debating chamber of the Scottish Parliament in Edinburgh, Scotland January 25, 2012. Scotland's nationalist leader Alex... View Photo »
Scotland's First Minister Alex Salmond launches the Scottish government's consultation paper on an indedependence referendum, in the debating chamber of the Scottish Parliament in Edinburgh, Scotland January 25, 2012. View Photo »
Scotland's First Minister Alex Salmond listens to speakers as he launches the Scottish government's consultation paper on an indedependence referendum, in the debating chamber of the Scottish Parliament in Edinburgh, Scotland January 25, 2012. View Photo »
Scotland's First Minister and Scottish National Party(SNP) leader Alex Salmond holds a copy of his plans for consultation for a referendum on independence for Scotland paper during its launch in the debating chamber of the Scottish Parliament in Edinburgh,... View Photo »
Scotland's First Minister Alex Salmond stands, center right, as he makes a statement to the Scottish Parliament in Edinburgh, outlining the referendum consultation Wednesday Jan. 25, 2012. Salmond announced the Scottish government's preferred options... View Photo »
Scotland's First Minister Alex Salmond makes a statement to the Scottish Parliament in Edinburgh, outlining the referendum consultation Wednesday Jan. 25, 2012. Salmond announced the Scottish government's preferred options for the vote on whether to... View Photo »
Scotland's First Minister and leader of the Scottish National Party (SNP) Alex Salmond (C) listens to a question during First Minister Questions in the Scottish Parliament in Edinburgh, Scotland January 19, 2012. View Photo »
EDINBURGH, SCOTLAND - JANUARY 19: Alex Salmond (R), Scotland's First Minister and Scottish National Party leader attends First Ministers questions at the Scottish Parliament on January 19, 2012 in Edinburgh, Scotland. View Photo »
EDINBURGH, SCOTLAND - JANUARY 12: Alex Salmond, Scotland’s First Minister and Scottish National Party leader, attends First Minister's Questions at the Scottish Parliament on January 12, 2012 in Edinburgh, Scotland. Alex Salmond has said that... View Photo »
Scotland's First Minister Alex Salmond leaves the debating chamber after First Ministers Questions at the Scottish Parliament in Edinburgh, Scotland January 12, 2012. A row between the British government in London and the SNP has escalated sharply in... View Photo »
Scotland's First Minister Alex Salmond gestures during First Ministers Questions at the Scottish Parliament in Edinburgh, Scotland January 12, 2012. A row between the British government in London and the SNP has escalated sharply in recent days, after... View Photo »
Britain's Prime Minister David Cameron at Downing street in London, Thursday, Jan. 12, 2011. Scottish Parliament are having a debate on the future of the country, they are discussing the independence referendum. AP Photo/Kirsty Wigglesworth). View Photo »
Demonstrators protest outside the Scottish Parliament in Edinburgh, Scotland November 30, 2011. Teachers, nurses and border guards walked out on Wednesday as up to two million state workers staged Britain's first mass strike for more than 30 years in a... View Photo »
INVERNESS, SCOTLAND - OCTOBER 21: SNP memorabilia is sold at the 77th annual Scottish National Party conference at the Eden Court Theatre on October 21, 2011 in Inverness, Scotland. This is the SNP's first conference since winning an overall majority... View Photo »
INVERNESS, SCOTLAND - OCTOBER 21: SNP whisky bottles are raffled at the 77th annual Scottish National Party conference at the Eden Court Theatre on October 21, 2011 in Inverness, Scotland. This is the SNP's first conference since winning an overall... View Photo »
INVERNESS, SCOTLAND - OCTOBER 21: SNP cakes are placed on a table at the 77th annual Scottish National Party conference at the Eden Court Theatre on October 21, 2011 in Inverness, Scotland. This is the SNP's first conference since winning an overall... View Photo »
INVERNESS, SCOTLAND - OCTOBER 21: First Minister Alex Salmond reacts with Nicola Sturgeon Health Secretary and deputy SNP leader following her address to the 77th annual Scottish National Party conference at the Eden Court Theatre on October 21, 2011... View Photo »
INVERNESS, SCOTLAND - OCTOBER 21: Nicola Sturgeon Health Secretary and deputy SNP leader receives applause after addressing the 77th annual Scottish National Party conference at the Eden Court Theatre on October 21, 2011 in Inverness, Scotland. This is... View Photo »
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Demonstrators protest outside the Scottish Parliament in Edinburgh, Scotland November 30, 2011. Teachers, nurses and border guards walked out on Wednesday as up to two million state workers staged Britain's first mass strike for more than 30 years in a growing confrontation with a...
View Photo »Scotland's First Minister Alex Salmond speaks during First Minister's Questions at the Scottish Parliament in Edinburgh Thursday Jan. 26, 2012. Scotland's leader has presented his proposal for a ballot on independence _ and his ideas include letting 16- and 17-year-olds cast ballots in...
View Photo »LIVERPOOL, ENGLAND - SEPTEMBER 26: Iain Gray, Labour's Leader in the Scottish Parliament, addresses the Labour party conference at the Echo Arena on September 26, 2011 in Liverpool, England. Mr Gray urged delegates not to underestimate the Party's task in regaining support in Scotland...
View Photo »Scotland's First Minister Alex Salmond(C) launches his plans for consultation for a referendum on independence for Scotland in the debating chamber of the Scottish Parliament in Edinburgh, Scotland January 25, 2012. Scotland's nationalist leader Alex Salmond marked Burns Night on...
View Photo »Scotland's First Minister Alex Salmond launches the Scottish government's consultation paper on an indedependence referendum, in the debating chamber of the Scottish Parliament in Edinburgh, Scotland January 25, 2012.
View Photo »Scotland's First Minister Alex Salmond listens to speakers as he launches the Scottish government's consultation paper on an indedependence referendum, in the debating chamber of the Scottish Parliament in Edinburgh, Scotland January 25, 2012.
View Photo »Scotland's First Minister and Scottish National Party(SNP) leader Alex Salmond holds a copy of his plans for consultation for a referendum on independence for Scotland paper during its launch in the debating chamber of the Scottish Parliament in Edinburgh, Scotland January 25, 2012.
View Photo »Scotland's First Minister Alex Salmond stands, center right, as he makes a statement to the Scottish Parliament in Edinburgh, outlining the referendum consultation Wednesday Jan. 25, 2012. Salmond announced the Scottish government's preferred options for the vote on whether to sever...
View Photo »Scotland's First Minister Alex Salmond makes a statement to the Scottish Parliament in Edinburgh, outlining the referendum consultation Wednesday Jan. 25, 2012. Salmond announced the Scottish government's preferred options for the vote on whether to sever ties from Britain, which it...
View Photo »Scotland's First Minister and leader of the Scottish National Party (SNP) Alex Salmond (C) listens to a question during First Minister Questions in the Scottish Parliament in Edinburgh, Scotland January 19, 2012.
View Photo »EDINBURGH, SCOTLAND - JANUARY 19: Alex Salmond (R), Scotland's First Minister and Scottish National Party leader attends First Ministers questions at the Scottish Parliament on January 19, 2012 in Edinburgh, Scotland.
View Photo »EDINBURGH, SCOTLAND - JANUARY 12: Alex Salmond, Scotland’s First Minister and Scottish National Party leader, attends First Minister's Questions at the Scottish Parliament on January 12, 2012 in Edinburgh, Scotland. Alex Salmond has said that Westminster should have no say over the...
View Photo »Scotland's First Minister Alex Salmond leaves the debating chamber after First Ministers Questions at the Scottish Parliament in Edinburgh, Scotland January 12, 2012. A row between the British government in London and the SNP has escalated sharply in recent days, after British Prime...
View Photo »Scotland's First Minister Alex Salmond gestures during First Ministers Questions at the Scottish Parliament in Edinburgh, Scotland January 12, 2012. A row between the British government in London and the SNP has escalated sharply in recent days, after British Prime Minister David...
View Photo »Newly elected Scottish National Party (SNP) Member of Scottish Parliament (MSP) Humza Yousaf walks down stairs after the Oath and Affirmation ceremony the Scottish Parliament in Edinburgh, Scotland May 11, 2011. The SNP won sixty nine seats in the Scottish parliament election last week...
View Photo »Scottish National Party leader Alex Salmond arrives at the Scottish Parliamentary election count at the Exhibition and Conference Centre in Aberdeen Scotland in the early hours of Friday May 6, 2011. The SNP are expected to get an overall majority in the next Scottish Parliament.
View Photo »Britain's Labour Party leader Miliband speaks during a Scottish Parliament election event in Portobello, near Edinburgh April 28, 2011. Miliband was attending events in Edinburgh with candidates for the forthcoming Scottish Parliament election in May.
View Photo »EDINBURGH, SCOTLAND - SEPTEMBER 21: John Swinney, Scottish Finance Secretary, sips water as he announces his budget in the Scottish Parliament as First Minister Alex Salmond smiles, on September 21, 2011 in Edinburgh, Scotland. The finance secretary confirmed that council tax will not...
View Photo »EDINBURGH, SCOTLAND - SEPTEMBER 21: John Swinney, Scottish Finance Secretary, sits between Nicola Sturgeon, the Health Secretay, and First Minister Alex Salmond as he announces his budget in the Scottish Parliament on September 21, 2011 in Edinburgh, Scotland. The finance secretary...
View Photo »EDINBURGH, SCOTLAND - SEPTEMBER 21: John Swinney, the Scottish Finance Secretary, announces his budget in the Scottish Parliament with First Minister Alex Salmond, Health Secretary Nicola Sturgeon and Mike Russell, the Education Secretary, on September 21, 2011 in Edinburgh, Scotland.
View Photo »EDINBURGH, SCOTLAND - SEPTEMBER 21: John Swinney Scottish Finance Secretary announces his budget in the Scottish Parliament on September 21, 2011 in Edinburgh, Scotland. The finance secretary confirmed that council tax will not rise for five years as he delivered his first budget since...
View Photo »GLASGOW, SCOTLAND - APRIL 04: Annabel Goldie, Scottish Conservative Party leader launches the Scottish Parliament election manifesto on April 4, 2011 in Glasgow. The country will go to the polls in the fourth Scottish Parliamentary general elections on May 5, 2011 to elect members for...
View Photo »GLASGOW, SCOTLAND - APRIL 04: Annabel Goldie, Scottish Conservative Party leader, launches the Scottish Parliament election manifesto with Murdo Fraser (L) and David McLetchie (C) on April 4, 2011 in Glasgow. The country will go to the polls in the fourth Scottish Parliamentary general...
View Photo »Scotland's First Minister and Scottish National Party (SNP) leader Alex Salmond reacts after launching his Programme for Government in the debating chamber of the Scottish Parliament in Edinburgh, Scotland September 7, 2011.
View Photo »Britain's Prime Minister David Cameron at Downing street in London, Thursday, Jan. 12, 2011. Scottish Parliament are having a debate on the future of the country, they are discussing the independence referendum. AP Photo/Kirsty Wigglesworth).
View Photo »Demonstrators protest outside the Scottish Parliament in Edinburgh, Scotland November 30, 2011. Teachers, nurses and border guards walked out on Wednesday as up to two million state workers staged Britain's first mass strike for more than 30 years in a growing confrontation with a...
View Photo »It certainly appears that a strict reading of the Scotland Act precludes the Scottish Parliament from declaring independence - either with or without a referendum ... It also appears to preclude Holyrood holding a binding referendum on independence.
If the Scottish electorate, by majority, votes no to Scotland becoming a sovereign independent nation outwith the United Kingdom, do you want the Scottish Parliament to be given full powers over all matters, with the exception of defence and foreign affairs which would continue to be reserved to the UK ...
Do you agree that a Scottish Parliament should have tax-rising powers? Yes or no
Do you agree that there should be a Scottish Parliament? Yes or no
The Union is a reserved matter under … the Scotland Act … it is unlawful for the Scottish Parliament to legislate to end the Union. I’m sure they [the SNP] will bring a Bill forward but I’m also sure it will be legally challenged.
For the Scottish Parliament to legislate on a matter which is reserved to Westminster would be incompetent, it would be ultra vires, it would be unlawful.
Scottish Parliament legislation paving the way for an unlawful referendum would be open to challenge in the courts. It is important to note that a successful challenge in the courts could not only invalidate the outcome of the referendum - it could stop the referendum happening in the first place.
The Government has therefore proposed a solution that involves devolving power to the Scottish Parliament that would avoid a referendum Bill being dragged through the courts.
Scottish Parliament has no power to deliver a referendum on independence
but what if they vote for tax powers but against a Scottish Parliament?
Whether it’s UK elections, Scottish Parliament elections or council elections, the returning officers always want to postpone the count to the next day. This has been a habitual issue. People want to know the result and get on with forming the administration. The sooner the result is known the better.
In recent days, we have already had strong voices from civic Scotland calling for the option of more powers for the Scottish Parliament to be considered in relation to the referendum. We will not allow them to be shut out of the debate.
There is an important lesson there - it's best that the campaign is run from Scotland and the Scottish politicians in Edinburgh and the Scottish Parliament take the lead role in the campaign. People like David Cameron, and indeed Nick Clegg and Ed Miliband, becoming too central in the campaign will just...
It is now over four years since the Scottish Parliament, with all-party support, approved my Bill to have a national holiday on or around St Andrew's Day, but much more needs to be done to get fuller recognition of the holiday.
As the record shows, Mr McMillan took exactly the same approach in his hostility to a Scottish Parliament in the 1990s
