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08 March 2013 / Bob Watt
Issue: 7551 / Categories: Opinion , Public , Constitutional law
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Party politics

Does the SNP’s suggestion of an independence treat flout the law, asks Bob Watt

Independence Day; the hauling down of the Union Flag and the raising of the Saltire, and, of course, a party; perhaps the biggest for 309 years. If, as the SNP government intends, Scotland becomes A Nation Once Again in March 2016 one might very well expect a party.

Party promise

Would and, more importantly, should it be lawful for the Scottish Nationalists to promise any public celebration which would be contingent upon the electorate, which may be expanded to include 16 and 17 year olds, delivering a “Yes” vote in 2014? Many people would instinctively feel that if a valuable, non-political reward was predicated upon a certain result being obtained that the ballot was less than free and fair. People, not exclusively the young and inexperienced, may be swayed by the promise of a celebration, and any such promise would be held over the referendum result by the Unionist press threatening to deprive it of its validity.

Is it lawful to promise such a treat? Section 114 of the

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