Public Law

Two days removed from the launch of the Guide, and, unsurprisingly, there has been no lack of comment on the content of the Guide. See here, here, here and here for links to our own posts.

For some media comment, see here, here, here and here (I did warn you there would be a few!).

On the topic of an independent Scotland’s EU status, it is interesting to note that the Spanish Prime Minister has today been quoted as saying that a “region that would separate from a member state of the European Union would remain outside the European Union”. His view is that an independent Scotland would have to apply to become a member of the EU from outside the EU.

That position is at odds with the Scottish Government’s view (outlined in the Guide) that, although an independent Scotland would have to negotiate to become a member state, Scotland would not leave the EU at any point because those negotiations would be conducted and concluded before independence from the UK was achieved (24 March 2016 – the Scottish Government’s proposed date for independence in the event of a ‘yes’ vote).

While Tuesday’s Guide provided greater clarity on some issues, EU membership remains an issue of real controversy.

Ramsay Hall

Associate at Brodies LLP
Ramsay is a solicitor in the firm’s Government, Regulation and Competition team. He has advocacy experience in both civil and criminal litigation and acts for a wide range of public and private sector clients in the Court of Session and the Sheriff Courts. Ramsay also provides public law advice on freedom of information, human rights, statutory interpretation and the powers of the Scottish Parliament.