header-logo header-logo

A Scottish divorce?

09 November 2012 / Colin Munro
Issue: 7537 / Categories: Opinion , Public , Constitutional law
printer mail-detail

Colin Munro examines how we arrived at the referendum stage in Scotland and where we go after the vote

In the next two years, voters residing in Scotland will have the responsibility of deciding whether a union that has lasted over 300 years should continue. The alternative will be a (reasonably) amicable but necessarily complex divorce. The holding of a referendum on Scottish independence and some of its terms was the subject of an agreement between the British government and the Scottish administration, signed by the prime minister and Alex Salmond, the Scottish First Minister, in Edinburgh on 15 October.

How has it come to this? The late Donald Dewar and other architects of the Scotland Act 1998 probably expected that parties supporting the union would always be in the majority in the Scottish Parliament, as did indeed come to pass from 1999 to 2011. However, voters may choose for all sorts of reasons, and constitutional questions may not be at the forefront. At the general election in 2011, the Scottish National Party (with

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

Winckworth Sherwood—Tim Foley

Winckworth Sherwood—Tim Foley

Property litigation practice strengthened by partner hire

Kingsley Napley—Romilly Holland

Kingsley Napley—Romilly Holland

International arbitration team specialist joins the team

Red Lion Chambers—Maurice MacSweeney

Red Lion Chambers—Maurice MacSweeney

Set creates new client and business development role amid growth

NEWS
Property lawyers have given a cautious welcome to the government’s landmark Bill capping ground rents at £250, banning new leasehold properties and making it easier for leaseholders to switch to commonhold
Four Nightingale courts are to be made permanent, as justice ministers continue to grapple with the record-level Crown Court backlog
The judiciary has set itself a trio of objectives and a trio of focus areas for the next five years, in its Judicial Diversity and Inclusion Strategy 2026-2030

The Sentencing Act 2026 received royal assent last week, bringing into law the recommendations of David Gauke’s May 2025 Independent Sentencing Review

Victims of crime are to be given free access to transcripts of Crown Court sentencing remarks, the Ministry of Justice (MoJ) has confirmed
back-to-top-scroll