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Scotland seeks legal advice on EU status as independent nation

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Published 24 October 2012, updated 16 January 2013

Scotland has formally asked for legal advice on its position in the European Union if it votes for independence from Britain in its 2014 referendum, the government said yesterday (23 October). 

"I can confirm that the government has now commissioned specific legal advice from our law officers on the position of Scotland within the European Union if independence is achieved through this process," Deputy First Minister Nicola Sturgeon told Scottish lawmakers.

Britain's Prime Minister David Cameron and Scotland's pro-independence First Minister Alex Salmond signed a deal in Edinburgh last week for a referendum which could end the 300-year-old union (see background).

But the vote has raised the question of Scotland's status within the current 27-member EU if it decides to split.

One of the big questions is whether Scotland would be obliged to introduce the euro as a new EU member. All the twelve countries which joined the EU in 2004-2007 had the obligation to join the Union’s common currency provided they meet the criteria. A majority of Scotts favour retaining the British pound for their currency, although it remains unclear under what terms this would be possible.

London has also raised other questions about a break-up of the United Kingdom.

Last week it said that an independence vote could threaten British security, with enemies of Britain likely to try to exploit any instability. Scotland is hosting the UK fleet of Trident nuclear submarines, which Salmond wants removed. The Scottish leader recently said he wanted Scotland to remain part of NATO, but pledged to make nuclear weapons illegal if his country was to win independence from Britain.

The announcement of the request for a legal advice triggered a political storm in Scotland, with Salmond facing accusations of having lied, back in March, when he said in an interview that he possessed advice from the Scottish Law officers on the issue of Scotland’s independence.

Scottish Labour MEP Catherine Stihler called Salmond a “liar” and said he must “pay for his deceit”. According to her, such a legal advice never existed.

“The Scottish government," she said, "has previously cited opinions from a number of eminent legal authorities, past and present, in support of its view that an independent Scotland will continue in membership of the European Union - but has not sought specific legal advice.”

“Thousands of pounds later and now we are told they are seeking legal advice. … Today we found out [Salmond] lied about receiving legal advice on EU membership of an independent Scotland. What else is he lying about?”

Next steps: 
  • 5-8 June 2014: European elections (dates to be confirmed)
  • 24 June 2014: 600 years from the Battle of Bannockburn, referendum set to coincide with the anniversary
  • Autumn 2014: Scottish referendum
Jennifer McKiernan, journalist at the Aberdeen Evening Express and a Robert Bosch Stiftung-EurActiv Journalism Fellow

COMMENTS

  • States in N.A. meet the Gov's Criteria !
    Question is ! are you united or not and get currency from this Union! That's logic!

    But why should Scotland splitt the UK!
    In case of ! Should Scottland not transfer security sovereignity back to London!?
    Makes that sense for Scotland to be independent and then join Europe?

    Maybe N . Farage will change party now and stopping talking about the words "undemocrats"!

    By :
    an european
    - Posted on :
    24/10/2012
  • There is more chance of Scotland being part of the European Union post 2014 than England.

    By :
    Mark C
    - Posted on :
    24/10/2012
  • Hello?

    By :
    Jenny
    - Posted on :
    24/10/2012
  • Why not ask the Scots if they want to be in the EU? I bet that's not on Salmond's agenda.

    By :
    Charles_M
    - Posted on :
    24/10/2012
  • @ Mark C- Posted on : 24/10/2012reply

    I agree with you but it should first result their independency in 2014 referendum and even indicating the willing of joining the EU WITH its currency!
    To be honest!

    By :
    an european
    - Posted on :
    24/10/2012
  • Whatever the procedure, it is obvious that an independant Scotland willing to remain in the EU will face no problem to stay (or to re-enter). However, there will be a profusion of legal intricacies that will keep lawyers busy for some time ! As for the Euro, Scotland might apply for a british style derogation but may not get it - since everyone know recognizes that such derogations create more problems than solutions.

    By :
    Jean-Guy Giraud
    - Posted on :
    25/10/2012
  • @ Jean-Guy Giraud

    "Scotland might apply for a british style derogation"

    Is that not rather an habit than an derogation ?

    By :
    an european
    - Posted on :
    25/10/2012
  • @Mark C.
    There is more chance of Scotland being part of the European Union post 2014 than England.

    I don't think you have thought that one through Mark. The current Polls suggest Scotland against Independence by approx 2:1 I would accept that it is all to play for and there is two years to go before this is put to bed. The reason Alex Salmond is so worried about whether Scots would be automatically entitled to the UK's membership, is because he is terrified about the Euro and Schengen. The Scots wont go for it on that basis. The nightmare scenario where Scotland is in Schengen, the remainder of the UK is not and needs to control their borders. What will happen then? Border controls of some description will have to come into play.

    I fully expect bribes half truths and lies to come into play over the next two years but there are an awful lot of questions that the SNP have yet to answer. Simple things like:

    Will pensions be the same as before?
    Will taxation be the same as before?
    What is the plan for defence (spell it out)
    If you get rid of Trident (at least it is an honest policy) what will happen to the 7,000 odd people who rely on it for a living?
    It goes on and on and on.

    How are they going to handle all of this within the restrictions that the EU/Brussels will impose.
    There are many things that the Nationalist have suggested as policy which would have been fine in a fully Independent country. A lot though would not be deemed acceptable to and independent Scotland within the EU.

    George Mc

    By :
    George Mc
    - Posted on :
    26/10/2012
  • I don't think Scotland is any more pro EU than the rest of the UK - Salmond is some kind of socialist/nationalist hybrid with jumbled thinking and of course he needs all the options open including EU membership.

    I would dare Barroso to have a holiday in, say, Fraserburgh or Peterhead - he would be lynched by the locals for what the EU has done to the Scottish fishing industry.

    By :
    Charles_M
    - Posted on :
    26/10/2012
  • Charles,

    I don't think Scotland is any more pro EU than the rest of the UK.

    You are probably right on that and I agree that Salmond will seek all avenues in his quest for Independence. Personally I don't think it is on but I do worry about the quality of the 'No' campaign. Salmond is a very able, cunning and sleekit politician and is unfortunately head and shoulders above the party leaders in Holyrood.

    By :
    George Mc
    - Posted on :
    26/10/2012
Background: 

Scotland and the UK signed an agreement on 15 October opening the way for a referendum on independence in the autumn 2014.

Scotland has been a nation within the United Kingdom since the UK was founded in 1707. The current Scottish Parliament was founded in 1999 as part of the process of devolution within the UK, which created regional assemblies in Scotland, Wales and Northern Ireland, to give the regions greater autonomy. The Scottish Parliament has control over some parts of policy, such as education and health, and can create its own laws on these issues.

The Scottish National Party (SNP), which leads the devolved government, is campaigning for Scottish independence. The SNP claims that Scotland needs a stronger voice in Europe and beyond to properly represent its social, political and economic interests. 

Scottish ministers complain that issues important to them are often sidelined by the UK government based in London, and representation for Scotland is lost or diluted when the interests of the UK are represented internationally. 

The Scottish government has put forward several issues on which it believes the interests of their nation would be better served as an independent state within the EU, including diplomatic relations, energy policy, fisheries and environmental policy. 

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