Summary

  • MSPs agree primary legislation will be required to hold another independence referendum, as the constitution committee amends the Referendums Bill

  • The constitution secretary sees his indyref2 question testing amendment agreed to

  • A Tory amendment calling for the Electoral Commission to test all referendum questions is rejected

  1. NEWS SUMMARY: Compromise on indyref2 question testing agreedpublished at 10:35 Greenwich Mean Time 27 November 2019

    The constitution committee has agreed a compromise on the Referendums (Scotland) Bill which would allow the 2014 independence referendum question to be used again if Parliament agrees to it.

    There had been calls for the electoral commission to be consulted about the wording of the question.

    The phrasing will remain valid for up to two Parliamentary sessions, provided MSPs vote for it, after Constitution Secretary Mike Russell's amendments were agreed to.

    Tory MSP Adam Tomkins argued there should be independent scrutiny of every question, even if it had already been used. His amendment was rejected.

    Earlier MSPs agreed primary legislation will be required to hold another independence referendum.

  2. Labour MSP call for 50% turnout for referendum validity rejectedpublished at 10:21 Greenwich Mean Time 27 November 2019

    Labour MSP James Kelly
    Image caption,

    Labour MSP James Kelly

    Labour MSP James Kelly's amendment says "the result of the referendum is valid only if the number of votes cast represents a minimum of 50% of the total number of persons entitled to vote in the referendum".

    Mr Kelly argues if the turnout is less than this, the result would lack credibility.

    Patrick Harvie respects people's right to abstain and says "a plague on all your houses".

    The Scottish Green Party co-convener will not back Mr Kelly's amendment.

    SNP MSP Angela Constance
    Image caption,

    SNP MSP Angela Constance

    SNP MSP Angela Constance says Mr Kelly's amendment takes us back to 1979 and is like the "ghost of Christmas past".

    This of course refers to the 1979 devolution referendum where it was stipulated that at least 40% of the total electorate had to back the proposition. So with 51.6% backing devolution out of a turnout of 64%, devolution did not happen.

    She argues: "This is a wrecking amendment and a wolf in sheep's clothing."

    Mike Russell is naturally against this, and so is Tory MSP Adam Tomkins.

    The amendment is rejected, with two votes for and nine against.

  3. 'Elegant' amendment setting 10 week referendum period backed by MSPspublished at 10:08 Greenwich Mean Time 27 November 2019

    Mr Tomkins moves to the length of the referendum period and his amendment calling for a minimum of 10 weeks where referendum activity and conduct is regulated.

    Labour MSP Jackie Baillie calls for 12 weeks.

    Mr Russell says he thinks ten weeks is correct, but there is no great harm in 12.

    It would be up to parliament to decide on a shorter or longer period if it wished, the cabinet secretary says, and he reminds the committee this is a framework bill.

    He argues his amendment would see the length of the referendum period being 10 weeks, ending with the date of the referendum.

    Consensus breaks out as Mr Tomkins jokes he is hurt that the cabinet secretary said his amendment was inelegant twice.

    He says he will back the cabinet secretary's elegant amendment.

  4. Russell's indyref2 question testing amendments agreed topublished at 09:54 Greenwich Mean Time 27 November 2019
    Breaking

    Committee vote
    Image caption,

    Committee vote

    Mr Russell asks if Mr Tomkins's amendment is not premature and should be withdrawn.

    The Tory MSP does not agree with this, saying his amendment is seeking to give full affect to the full evidence we received at Stage One.

    He again says Mr Russell's amendments are "inappropriate and premature" and he calls for the committee to accept his amendment.

    Mr Tomkin's amendment is not agreed to with five for and six against.

    The cabinet secretary's amendments are agreed to with six for and five against.

  5. 'The ground rules for referendums must be unimpeachable'published at 09:48 Greenwich Mean Time 27 November 2019

    Adam Tompkins
    Image caption,

    Adam Tompkins

    Mr Tomkins says this is one of the most important issues raised by the bill as the question will affect the entire nation.

    "The ground rules for referendums must be unimpeachable."

    The Tory MSP says there is a lingering suspicion that seeking to bypass the Electoral Commission is rigging the rules of a future referendum.

    He says his amendment only allows the Electoral Commission to advise on the question and it should do so on each and every referendum question.

  6. Harvie argues MSPs can now dictate testing of question will happenpublished at 09:44 Greenwich Mean Time 27 November 2019

    Scottish Green Party co-convener Patrick HarvieImage source, bbc
    Image caption,

    Scottish Green Party co-convener Patrick Harvie

    Scottish Green Party co-convener Patrick Harvie says the discussion on question testing has changed, as any referendum will be subject to primary legislation.

    MSPs will now be able to put in an amendment dictating that testing of a question must happen.

    He indicates the cabinet secretary's amendments will receive his backing.

  7. Labour voting against cabinet secretary's question testing amendmentspublished at 09:41 Greenwich Mean Time 27 November 2019

    Labour MSP Alex RowleyImage source, bbc
    Image caption,

    Labour MSP Alex Rowley

    Labour MSP Alex Rowley says the cabinet secretary has failed to bring the Electoral Commission and the government together on this

    The evidence was quite overwhelming against what the minister is proposing, says Mr Rowley.

    "I certainly will be voting against the minister's amendments and supporting Adam Tomkins'."

  8. Background: Electoral Commission would want to review indyref2 questionpublished at 09:38 Greenwich Mean Time 27 November 2019

    THi isImage source, Referendum Act
    Image caption,

    Here's the question from 2014

    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.

  9. Russell argues parliament should decide on indyref2 questionpublished at 09:35 Greenwich Mean Time 27 November 2019

    Mike RussellImage source, bbc

    Mr Russell says Mr Tomkins' amendment is "illogical and impractical".

    The constitution secretary cites evidence that there is a very strong case that a question previously should have a "shelf life", particularly when it is as well understood as the indyref question.

    He says his amendments would mean that a referendum question would have a limited life.

    A decision about whether it could be reused would require the parliament to back it and would be required by the commission to give a view, says Mr Russell.

    He argues it is right that it be up to the parliament to decide whether a question be reused.

    This is a major concession from the Scottish government, Mr Russell insists.

  10. Here is the crucial amendment from the cabinet secretarypublished at 09:33 Greenwich Mean Time 27 November 2019

    MotionImage source, Scottish Parliament
    Image caption,

    Here is Mike Russell's amendment

    Scottish ministers have been urged to strike a deal with the Electoral Commission over testing the question for a future independence referendum.

    Earlier this month Constitution Secretary Mike Russell pledged to discuss the indyref2 questions with the Electoral Commission.

    Above is the amendment Mr Russell has tabled for today:

  11. Tory MSP calls for Russell's amendments to be rejectedpublished at 09:30 Greenwich Mean Time 27 November 2019

    Mr Tomkins reiterates that the committee unanimously called for agreement between the cabinet secretary and the Electoral Commission.

    The Tory MSP says the cabinet secretary's amendments do not establish that any referendum question must be tested by the commission, irrespective of whether it has been tested before.

    He argues his amendment in this group does, and he regrets the fact there is not agreement between the government and the commission on this.

    The Tory MSP calls for the cabinet secretary's amendments to be rejected.

  12. Postpublished at 09:28 Greenwich Mean Time 27 November 2019

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  13. No agreement on Electoral Commission's role on indyref2 questionpublished at 09:23 Greenwich Mean Time 27 November 2019

    Conservative MSP Adam Tompkins
    Image caption,

    Conservative MSP Adam Tompkins

    Tory MSP Adam Tomkins pivots to the Electoral Commission's role in testing the indyref2 question.

    Mr Tomkins points to the strong evidence from the Electoral Commission calling for it to be allowed to test the question regardless of it having been used before.

    He says the committee said the cabinet secretary must come to an agreement with the Electoral Commission on this.

    The evidence shows no such agreement has been reached, says Mr Tomkins.

  14. MSPs will vote on a compromise amendment on testing the indyref2published at 09:22 Greenwich Mean Time 27 November 2019

    Ministers will seek a compromise on the Referendums (Scotland) Bill, external at the Scottish parliament today.

    MSPs are considering amendments to the legislation which will set the framework for indyref2, amid calls for the Electoral Commission to be consulted about the question.

    Holyrood's constitution committee recommended the Electoral Commission should be consulted on the wording of an independence referendum question.

    Ministers had argued the phrasing used in 2014 doesn't need to be re-tested, but the Constitution Secretary Mike Russell has tabled a compromise.

    He's suggesting the question should remain valid for the duration of a Parliamentary session, or longer if MSPs agree to it.

    The conservatives want to amend the legislation to ensure the elections watchdog has to consider the intelligibility of the question.

  15. Postpublished at 09:21 Greenwich Mean Time 27 November 2019

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  16. A consensual start on the need for primary legislation for a referendumpublished at 09:17 Greenwich Mean Time 27 November 2019

    AmendmentImage source, Scottish Parliament

    Scottish Green Party co-convener Patrick Harvie says is glad this compromise has been reached.

  17. Russell backs primary legislation requirement for referendumspublished at 09:12 Greenwich Mean Time 27 November 2019

    Constitution Secretary Mike RussellImage source, bbc
    Image caption,

    Constitution Secretary Mike Russell

    Constitution Secretary Mike Russell says he accepts the argument that most referendums should require primary legislation.

    Mr Russell says he has put his name to Adam Tomkin's amendment to achieve this.

  18. Power to provide for referendumspublished at 09:05 Greenwich Mean Time 27 November 2019

    Tory MSP Adam TomkinsImage source, bbc
    Image caption,

    Tory MSP Adam Tomkins

    We begin with amendments to the Referendums (Scotland) Bill, external which would mean any constitutional referendum would only be possible if a further piece of primary legislation was passed first.

    Tory MSP Adam Tomkins points to evidence the committee took that led to the recommendation that at least constitutional referendums would require primary legislation to be passed by the parliament.

    Mr Tomkins very much welcomes Constitution Secretary Mike Russell's apparent support for this.

  19. MSPs will shortly consider amendments to the Referendums (Scotland) Billpublished at 08:51 Greenwich Mean Time 27 November 2019

    Yes no crowdImage source, Getty Images

    The Finance and Constitution Committee will now consider Stage 2 amendments to the Referendums (Scotland) Bill, external.

    The bill, also known as the 'indyref2 framework bill' would set the rules for a future independence referendum.

    However, ministers have accepted that further legislation would need to be passed before a vote could be held.

    Constitution Secretary Mike Russell has also tabled proposals aimed at resolving a row over whether the Electoral Commission would be allowed to test the question for a further independence referendum.

    To follow this session you'll need the following:

  20. Welcome to Holyrood Live!published at 11:27 Greenwich Mean Time 25 November 2019

    Saltire ballot boxImage source, bbc

    Welcome to BBC Scotland's online coverage of the Scottish Parliament on 26 November 2019.

    9am: Referendums (Scotland) Bill: The Committee will consider the Bill at Stage 2, which is also known as the indyref2 framework bill

    2 pm Portfolio Questions:Communities and Local Government; Social Security and Older People

    2.40-5.pm: Liberal Democrat Debate: Mental Health

    5.05 pm: Members’ Business:Rona Mackay – 16 Days of Activism Against Gender-based Violence