UK Constitutional Law Association
On 28 June 2022 the First Minister provided an update to the Scottish Parliament on the Scottish Government’s route map to a second independence referendum. In a debate characterised by entrenched positions and seeming impasse, those plans caused some surprise. First, and whilst stressing her preference to legislate for a referendum on the basis of a section 30 order, the First Minister revealed that she had invited the Lord Advocate to make use of the direct reference procedure in paragraph 34 of schedule 6 to the Scotland Act 1998 as a means to resolve the still open question as to whether or not the question contained in the proposed Scottish Independence Referendum Bill – ‘should Scotland be an independent country’ – relates to reserved matters. In response, the Advocate General for Scotland has confirmed that he will join as a formal party to the case and has argued that…
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