A BID by Labour to force a Yes/No referendum between Scottish independence or staying in the UK could be blocked on legal grounds, it was claimed today.
Scottish Labour leader Wendy Alexander has urged the SNP government to bring forward the vote Alex Salmond and his colleagues are planning for 2010 and allow people a straight choice as soon as possible.
But former Scottish Tory leader and Edinbur
gh Pentlands MSP David McLetchie said the SNP's proposed referendum question – seeking approval for negotiations on independence – had been carefully worded to stay within the powers of the Scottish Parliament.
And he claimed a more direct question could require the referendum to be run by Westminster because the constitution is a UK responsibility.
Mr McLetchie, a lawyer by profession, said: "The crucial thing is the nature of the question. It looks as if the Scottish Parliament can only ask the question the way the SNP wants, which is a rather soft question, instead of the much blunter, more direct question the pro-Union side would want."
He pointed to the Government's own National Conversation document, which says the competence of the Scottish Parliament to legislate for a referendum would depend on the precise proposition.
The document adds: "At present the constitution is reserved, but it is arguable that the scope of this reservation does not include the competence of the Scottish Government to embark on negotiations for independence with the United Kingdom Government."
The Nationalists' proposal is to ask voters to say if they agree the Scottish Government "should negotiate a settlement with the Government of the United Kingdom so that Scotland becomes an independent state".
Ms Alexander said earlier this week she was "very attracted to the idea of a straight choice for or against independence".
And Edinburgh North & Leith Labour MSP Malcolm Chisholm said the question should ask people whether or not they wanted Scotland to remain part of the UK.
But Mr McLetchie said: "It would appear that kind of direct question would not be competent. Wendy would have to ask Alex's question.
"If they want to ask a more direct question, they would need a UK referendum bill – and I can't see Gordon Brown rushing to introduce that.
"It just shows how totally ill-conceived this idea is."
Mr Chisholm said legal experts would have to look at the matter, but he believed since it would be an "advisory" referendum, "it should not be an issue".
A spokesman for the First Minister said the government's proposed question was closely based on the wording of the 1997 devolution referendum which led to the Scottish Parliament.
And he said: "The Scottish Parliament cannot, of itself, make Scotland independent.
"The question reflects the nature of the process and the relationship we seek."
