Sarah Smith
Scotland Editor

Image source, Getty Images

Nicola Sturgeon has no intention of going ahead with an independence referendum that has not been authorised by Westminster.

It may be very frustrating to her that the UK government need to give their consent to another vote, but she does accept that it is the reality.

So why is Ms Sturgeon going ahead with preparations for a referendum that seems unlikely to happen within her preferred timescale of the second half of next year?

She says that the UK government is currently in such chaos it is not possible to predict what their future policy on anything might be.

Read more.

Tory MSP Adam Tomkins asks about ministers being given the power to call referendums.

Mr Clancy says setting the date and question should take the form of an Act or at least subordinate legislation requiring pre-legislative scrutiny, consultation and approval in the chamber.

We would also recommend that amendments be allowed to this legislation, he adds.

Jess Sargeant agrees with the Electoral Commission that there should be a minimum of ten weeks for the referendum period, which includes four weeks of campaigning.

The Electoral Commission recommends that the period between legislating for a referendum and polling day should be considerably longer than the minimum 10-week regulated period.

Ms Sargeant says, in terms of the time period between the legislation passing and polling day, referendums should not be rushed.

Michael Clancy says the policy objectives set by the government would be met by the Referendums (Scotland) Bill and the Law Society agrees it is a good idea to set out the processes for referendums.

However, he points to concerns associated with powers on regulation making and the Electoral Commission.

Mr Clancy also suggests there are lessons to be learned from the EU referendum.

He adds the future proofing element of the bill also perhaps goes too far, because the phrasing seems to allow changes to be made based on perception of what could happen in the future.

Image source, bbc

Ms Sargeant welcomes the bill and its incorporation of developments since 2000, but adds there is some scope for updating it further.

She adds the Scottish bill must become a "living bill".

The Institute for Government representative tells the committee she has concerns that the referendum question and period will be specified in secondary legislation, preferring primary legislation.

Image source, bbc

Committee convener Bruce Crawford introduces:

• Michael Clancy from the Law Society of Scotland, external
• Jess Sargeant of the Institute for Government, external
• Read the committee papers here., external

Image source, Getty Images

Legislation which could pave the way for a new Scottish independence referendum was tabled in May.

The Scottish government wants to put the question of independence to a new public vote in the second half of 2020.

However, the Referendums (Scotland) Bill does not set a date or question, with ministers seeking agreement with the UK government

First Minister Nicola Sturgeon said "now more than ever it is essential that we keep Scotland's options open".

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The Electoral Commission would want to assess the wording of the question for a new Scottish independence vote even if it was the same one used in 2014.

A Scottish government official has suggested this would be unnecessary as the question is already "tested".

But the election watchdog said it would want to review the question in the light of possible new evidence.

The Scottish government said the 2014 vote provided a clear precedent for a simple, straightforward question.

Read more here.

Prof Fisher says it is important to look again at what the question for a second independence referendum would be.

He warns it would be a "leap of faith" to assume the same question would be used and calls for the Electoral Commission to be involved in the process.

Dr Renwick accepts a two-referendum process could lead to one side trying to game the negotiation process and bring forward a worse deal.

It would also make the first referendum more likely to be a vote against the status quo, he adds.

Turning to spending limits, Dr Fisher says the EU referendum proved that if there are loopholes there to be exploited, they will be.

However he also warns about over-regulation, suggesting the having the declare very small amounts may drive people out of politics and increase spending on compliance.

Image source, bbc

Patrick Harvie goes back to the distinction between pre and post-legislative referendums.

The Scottish Green Party co-leader asks if the academics think all pre-legislative referendums are bad.

Dr Renwick replies that if the government that is calling the pre-legislative referendum has a white paper setting out what is to happen and that is delivered, then there is no need to have a further referendum.

However if that is not the case there must be a further referendum, he says.

The academic adds warns the courts cannot decide this fundamental political question.

In his submission to the committee, Dr Renwick recommends that the proposals of the Independent Commission on Referendums regarding two-referendum processes be followed.

Read the submissions in the committee papers here., external

Image source, b

The Scottish government has started recruiting people to take part in a Citizens' Assembly.

Members of the public selected will be asked to discuss the big constitutional questions facing the country, hearing evidence from all sides in debate and looking at topics such as independence and Brexit.

The approach was used in Ireland during the debate over the legalisation of abortion.

BBC Scotland's The Nine programme has been looking at how it worked there.

• Why is Scotland setting up a Citizens' Assembly?
• Sturgeon wants independence vote by 2021
• Landslide vote overturns Irish abortion ban
• Read more here

SNP MSP Tom Arthur insists there would still be parliamentary time to scrutinise the question, the date and the time period of the campaign as it would come via secondary legislation.

Dr Renwick says whether to have a referendum is a fundamental decision, but secondary legislation would lead to less scrutiny than primary legislation. He also notes secondary legislation is not amendable.

SNP MSP Tom Arthur asks if the wording of the bill could be modified to more tightly define the policy of keeping pace with best practice and to prevent further abuse by the executive.

Dr Renwick raises two issues with the legislation:

1. the generality of the clause as it applies to the whole of the clause
2. changes can be made to the Act by any enactments or proposed modifications, which is an "extraordinary power to confer to ministers"

The academic suggests one solution to this would be that the words on proposed modifications be removed from the bill.

Professor Fisher agrees it is extraordinary that these powers will be conferred on ministers and adds this an unnecessary part of the Act.

Image source, bbc

First Minister Nicola Sturgeon is to demand Holyrood be given the power to hold a second independence referendum.

Ms Sturgeon confirmed to MSPs that she would "seek agreement to the transfer of power that will put the referendum beyond legal challenge".

As she unveiled her government's plans for the year, external, she said the parliament had a clear, democratic mandate.

Prime Minister Boris Johnson has indicated his opposition to a second vote on Scotland leaving the UK.

Read more here.