header-logo header-logo

08 March 2013 / Bob Watt
Issue: 7551 / Categories: Opinion , Public , Constitutional law
printer mail-detail

Party politics

Does the SNP’s suggestion of an independence treat flout the law, asks Bob Watt

Independence Day; the hauling down of the Union Flag and the raising of the Saltire, and, of course, a party; perhaps the biggest for 309 years. If, as the SNP government intends, Scotland becomes A Nation Once Again in March 2016 one might very well expect a party.

Party promise

Would and, more importantly, should it be lawful for the Scottish Nationalists to promise any public celebration which would be contingent upon the electorate, which may be expanded to include 16 and 17 year olds, delivering a “Yes” vote in 2014? Many people would instinctively feel that if a valuable, non-political reward was predicated upon a certain result being obtained that the ballot was less than free and fair. People, not exclusively the young and inexperienced, may be swayed by the promise of a celebration, and any such promise would be held over the referendum result by the Unionist press threatening to deprive it of its validity.

Is

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
back-to-top-scroll