Scottish MPs should not negotiate for UK if independence referendum votes ‘Yes’
16 May 2014 03:58 PM
In the event of a
"yes" vote in the Scottish independence referendum, MPs for Scottish
constituencies, including ministers, should retain their seats in the House of
Commons until the day of independence itself. However, they should not
negotiate for the rest of the UK on the terms of independence, scrutinise the
UK’s negotiating team nor ratify a resulting agreement, as their first
duty would be to their Scottish constituents rather than the interests of the
rest of the UK.
Recommendations
The recommendation from the
House of Lords Constitution Committee comes in its report on the constitutional
implications of the Scottish independence referendum, which is published
today.
The committee also says that the
wider status of MPs for Scottish constituencies, in terms of their ability to
take part in other Commons proceedings not relevant to Scotland, would have to
be decided before the 2015 general election if there were a "yes"
vote on 18 September.
The committee concludes that in
the event of Scottish independence the remainder of the UK would be the
"continuator" state and so retain its current international status
and treaty obligations, as well as UK institutions such as the BBC and the Bank
of England. Scotland would become a new "successor" state and would
not have any automatic claim on those institutions.
The committee says there would
be no constitutional or legal requirement for the UK Government to adhere to
the Scottish Government’s proposed timetable for full independence by
March 2016 and that they should not do so if that would undermine the interests
of the rest of the UK.
Other issues
Other issues covered in the
report include:
-
The
report warns of a risk of Scotland entering a period of "constitutional
limbo" following a "yes" vote whereby the UK Government ceased
to represent Scotland’s interests but arrangements were not yet in place
for the Scottish Government to represent Scotland
internationally.
-
If
there is a "yes" vote the negotiating team for the rest of the UK
should be a small team from the UK Government, rather than cross-party. That
team should consult the official opposition and the Welsh and Northern Irish
Executives.
-
An
Act of Parliament would be required to give the Scottish Government power to
negotiate with the UK Government following a "yes" vote; it should
also set up the negotiating team for the rest of the UK.
-
If,
in the event of independence, Scotland were to establish its own Supreme Court,
justices with experience of Scots law would no longer be appointed to the UK
Supreme Court, but serving Supreme Court justices with experience of Scots law
should continue to sit until they retire.
-
If
Scotland secedes from the UK, as the law stands peers who live in Scotland
would have to pay tax in the rest of the UK in order to remain as members of
the House of Lords. If they did not want to do so they would have to retire
from the House.
Chairman
Baroness Jay of Paddington,
chairman of the House of Lords Constitution Committee, said:
"There has been
considerable speculation about the position of MPs for Scottish constituencies
in the event of a “yes” vote on 18 September. Our view is that,
while they should continue to sit in the House of Commons until independence
day itself, they should have no role in negotiating for the rest of the UK nor
in scrutinising the UK Government on those negotiations. If they did it would
be a clear conflict of interest as they are elected to Parliament to represent
constituents in Scotland.
It should be made clear before
the 2015 general election whether Scottish MPs would take part in votes which
did not affect Scotland.
We urge the UK Government to put
the rest of the UK’s interests first in the event of independence
negotiations. The Prime Minister should feel under no obligation to conclude
negotiations by March 2016. The Scottish Government’s proposed timetable
has no legal or constitutional standing.
We are clear that, in the event
of independence, the remainder of the UK would be the “continuator”
state while Scotland would be a "successor" state. That would mean
that the UK continued to be party to existing international agreements, while
Scotland would have to enter into those agreements
afresh."