Asimpleplan?

With the election of a majority of MSPS on a manifesto pledge to hold an independence referendum, debate has now focused on how one may or should be held.

Many, including the UK government, argue that a referendum can only be lawfully held under a “Section 30" order (which is hence presumably in the gift of the UK government). However, this over-complicates what should be – in legal terms – quite a straightforward process.

As far as the UK Parliament is concerned, Scottish independence would be implemented by cancelling the list of reserved powers, so granting full legislative authority to the Scottish Parliament.

Presumably this would occur in parallel with termination of the UK’S power to legislate for Scotland (as was done for Canada in 1982). The question is, therefore, what the Scottish Parliament has to do in order to request this action by the UK Parliament.

Holding an independence referendum is one way in which the Scottish Parliament could justify a request for the repatriation of sovereign powers.

It is also conceivable that a majority in the Scottish Parliament could simply request the transfer of all reserved powers (presumably, though not necessarily, on the basis of a manifesto pledge to do so), without holding an independence referendum.

Indeed, the Concordat between the Welsh Assembly Cabinet and the Wales Office specifically provides for this scenario: “The Assembly is free to request the UK government to introduce primary legislation at any time. Such requests will be considered in the context of the parliamentary timetable for the prospective legislative programme.”

There is no mention of referendums, or of Section 30 orders consenting to referendums. Unless and until "referendums" become a reserved matter, there is no need for Westminster to consent to the mechanism (ie an independence referendum) that the Scottish Parliament uses as a basis for deciding whether or to request Westminster to transfer sovereign powers.

Westminster approval is, of course, necessary in order to act on any request from the Scottish Parliament to transfer reserved powers. However, that is not a legal issue but an entirely political issue, which everyone will have to decide on its political merits if and when the time comes.

The law should be a neutral arbiter and it is unfortunate that it is being distorted here to defend specific interests, when we could be using it as an instrument for resolving the current constitutional debate once and for all.

THOMAS ROBERTS Wester Coates Gardens

Edinburgh