The bill will ensure that we have in place the rules for any future referendum in Scotland, so that, at the point of the framework being used, the debate can be about the merits of the referendum rather than about the technical detail of the rules. The recommendation reflected the fact that electoral law is dispersed, so the bill brings it together in a single framework for Scotland. The Independent Commission on Referendums recommended putting in place a framework for referendums in Scotland.

The referendum is considered to have been well run, and the legislation has been adapted to reflect changes in practice since then. We started from the basis of looking at the existing legislation, and we reflected on the process that worked well in 2014. It draws on the rules that are set out in the UK Parliament’s Political Parties, Elections and Referendums Act 2000 and the Scottish Independence Referendum Act 2013. The bill is based largely on existing legislation in Scotland and the United Kingdom. Broadly, it is a technical bill that sets out rules, including those relating to the franchise for any referendum, voting and conducting a poll, designation and participation in campaigns, and spending and donations. The bill proposes a legal framework for holding referendums on matters that are within the competence of the Scottish Parliament. In simple terms, why has the Scottish Government introduced the bill? What are the bill’s aims and purpose? Does similar legislation exist elsewhere in the United Kingdom? For the purposes of getting it on the record, and to help my fellow committee members, will you answer those questions? Penny Curtis (Scottish Government) Given that there has been no opening statement, I will start by asking some very simple questions. I also welcome to the meeting, from Newcastle University, Dr Alistair Clark, who will be advising the committee on the bill. I welcome Rebecca Whyte, the bill team leader Penny Curtis, the deputy director of elections and freedom of information and Colin Brown and Graham Fisher, who are solicitors in the Scottish Government.ĭoes Rebecca Whyte want to make an opening statement? Rebecca Whyte (Scottish Government) Under item 2, we will take evidence from Scottish Government officials on the Referendums (Scotland) Bill. You can find out more in the Explanatory Notes document that explains the Bill.

For example, setting processes for counting votes and the amount of money spent on campaigning. The Bill aims to ensure referendums are fair by making the rules for them clear. The regulations would need to be approved by the Parliament before the referendum could be held. set out the exact question that would be asked.

By secondary legislation, we mean regulations that would: Under the Bill, 'secondary legislation' could be used to propose that a referendum on a particular issue should be held. An Act is a Bill that’s been passed by the Parliament and been given Royal Assent (formally approved). The Bill would allow for Scottish referendums to be held without the Parliament passing a specific Act each time.Ĭurrently, 'primary legislation' (an Act) is required if the Scottish Parliament wants to hold a referendum. But there's no Scottish legislation to provide a framework for how referendums should be run. There's UK legislation which covers UK-wide referendums. The Bill would only allow for referendums on issues which the Scottish Parliament has responsibility for. The rules include who gets to vote and how campaigns are regulated. This Bill would give the Scottish Government power to decide that a referendum can be held in Scotland and to set the rules for the referendum.

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