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Seòmar agus comataidhean

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 4 May 2021
  6. Current session: 13 May 2021 to 29 November 2025
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Displaying 2911 contributions

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Constitution, Europe, External Affairs and Culture Committee [Draft]

Transparency of Intergovernmental Activity

Meeting date: 20 November 2025

Stephen Kerr

Yes.

Constitution, Europe, External Affairs and Culture Committee [Draft]

Transparency of Intergovernmental Activity

Meeting date: 20 November 2025

Stephen Kerr

Andrew Dunlop’s review reported in 2022, and my reading of it was that the hinge upon which the structure would work, which would determine how the meetings would be conducted in terms of qualitative control as well as their frequency, was going to be an independent, outside secretariat. However, as has been touched on, the current secretariat is inside the Cabinet Office of the UK Government. An independent secretariat doing the work to make this happen has not been delivered.

Constitution, Europe, External Affairs and Culture Committee [Draft]

Transparency of Intergovernmental Activity

Meeting date: 20 November 2025

Stephen Kerr

Yes, of course.

10:30  

Constitution, Europe, External Affairs and Culture Committee [Draft]

Legal Mechanism for any Independence Referendum

Meeting date: 13 November 2025

Stephen Kerr

So, the vagueness exists for the secessionists, with regard to the route.

Constitution, Europe, External Affairs and Culture Committee [Draft]

Legal Mechanism for any Independence Referendum

Meeting date: 13 November 2025

Stephen Kerr

The permissiveness and vagueness work for both those who would wish to pursue a secessionist argument and those who would wish to retain the current constitutional arrangements.

10:30  

Constitution, Europe, External Affairs and Culture Committee [Draft]

Legal Mechanism for any Independence Referendum

Meeting date: 13 November 2025

Stephen Kerr

In balance, then, does that permissiveness, or that vagueness, weigh in favour of anyone in particular as opposed to a codified secessionist legal route?

Constitution, Europe, External Affairs and Culture Committee [Draft]

Legal Mechanism for any Independence Referendum

Meeting date: 13 November 2025

Stephen Kerr

Right. Thank you very much for your clarity—and your certainty—around the fluidity of the situation.

Constitution, Europe, External Affairs and Culture Committee [Draft]

Legal Mechanism for any Independence Referendum

Meeting date: 13 November 2025

Stephen Kerr

Okay—that is fair enough.

Constitution, Europe, External Affairs and Culture Committee [Draft]

Legal Mechanism for any Independence Referendum

Meeting date: 13 November 2025

Stephen Kerr

Good.

Constitution, Europe, External Affairs and Culture Committee [Draft]

Legal Mechanism for any Independence Referendum

Meeting date: 13 November 2025

Stephen Kerr

Earlier, our committee advisers gave us the same sort of picture that you are giving us. Basically, this whole discussion is fundamentally political. Adam Tomkins, you talked about the “vagueness” of the British constitutional arrangement—and you described the fact that it is vague as a strength. I ask you all to tell us what is certain about the legalities surrounding the constitutional arrangements that we have in these islands. What is certain in law? That is your area of expertise.

Adam, why not go first? Tell us what is certain.