Scotland and Brexit: Brave Heart or Timorous Beastie?

At the Scottish National Party (SNP) party conference on the 13 October 2016, Scotland’s First Minister (Nicola Sturgeon) announced that the Scottish Government would issue a draft of a second independence referendum bill in the following week. She also announced that the Scottish government would soon table an alternative plan 'to protect Scotland’s interests in [the EU] and keep us in the single market – even if the rest of the UK decides to leave'. This would entail 'substantial additional powers for the Scottish Parliament', namely all the Scottish powers that 'currently lie with the EU – and significant new powers', namely the power to negotiate international treaties and 'greater powers over immigration'.

Implicitly the Scottish government is offering the UK government a choice: negotiate to ensure that Scotland stays in the single market as a distinct part of the UK, or face another independence referendum.

The author in this blog examines the legal issues arising from these two options in turn, and concludes with some broader observations about the Brexit process compared to the prospect of Scottish independence.

ESO: Background information: Nicola Sturgeon opening address to #SNP16, Glasgow, 13 October 2016 | First step towards a second independence referendum for Scotland http://www.europeansources.info/record/nicola-sturgeon-opening-address-to-snp16-glasgow-13-october-2016-first-step-towards-a-second-independence-referendum-for-scotland/

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