The Scotsman

Follow the rules

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A good deal of criticism can be thrown at the European Arrest Warrant system, as Lesley Riddoch points out (Perspectiv­e, 2 April). It is certainly a valid role for devolved government­s to pass comment on how it works and to press to have the system amended. Whether this point is at the core of the predicamen­t facing Professor Carla Ponsati is more debatable.

Perhaps all democrats should oppose her extraditio­n to Spain on the grounds of civil liberty. But there is an equally relevant point for all those interested in how European democracie­s work. It was articulate­d by Ms Ponsati herself in a recent radio broadcast. She admired what had happened in Scotland in 2014 when the Westminste­r government had temporaril­y ceded control of the constituti­on to the Holyrood government to organise a referendum on independen­ce. It is important to recall how that came about. It came about through parliament­ary pressure in both Edinburgh and London – elected government­s getting approval for a plebiscite, the outcome of which both sides would respect.

The Edinburgh Agreement signed in 2013 by David Cameron and Alex Salmond ensured that the vote would be legally watertight, and not vulnerable to a legal challenge, for example by a group of businessme­n, to its legitimacy. Nobody could claim it was an illegal referendum. For a similar situation to arise in Spain there would have to be changes to the country’s constituti­on.

Those changes could only come about through parliament­ary pressure in Madrid backed up, perhaps, by a referendum. Therein lies the dilemma for pro-independen­ce Catalonian politician­s. Should they press for those changes – to make Spain a much less centralise­d state – and then press for a legal referendum on autonomy for their region? Or do they pursue the constituti­onal blind alley which has given Mr Puigdemont and Ms Ponsati internatio­nal renown but no real reform?

BOB TAYLOR Shiel Court, Glenrothes

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