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The
Church of Scotland
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Church and Society Council
Official Response
SUBJECT:
REQUESTEDBY:
REFERENCE:
DATE:
SUBMITTED BY:
Your Scotland - Your Referendum
Scottish Government
OR-2012j09
11 May 2012
Preamble
The Church of Scotland understands the need for the debate about Scotland's constitutional
future to come to some point of decision within the lifetime of this Scottish Parliamentary
Session, given commitment in the SNP manifesto and the mandate the present Scottish
Government has in holding a majority in the Parliament.
The Church does not want the debate to be simply one of constitutional change in and of
itself. Self-determination for any nation is a good political principle that the Church has
supported explicitly since 1948; this includes the right of the electorate to vote for or
against constitutional change. The key issue for the Church is to ensure that social justice
would be improved by any constitutional change. Critical questions in this debate will be
about the values which reflect the teachings of Jesus Christ i.e. more about poverty, health,
education and all the other aspects of human flourishing than it will be about a transfer of
some, more or even all powers from one parliament to another.
Neither independence for Scotland, nor increased devolution, nor the status quo are prizes
in themselves. The real victory lies in the alleviation of poverty, the reduction of ill health,
forgiveness in the criminal justice system and in society, cultural change that builds better
neighbourhoods, removes prejudice that feeds things like sectarianism and welcomes
strangers without qualification and all the other things that nurture human living.
This response is about process but the process of Scotland becoming the nation it wants to
be in the 21st century global village is a journey that the outcome of any referendum on
constitutional change is but one small sign post from which there is still little clear direction.
QUESTION 1: What are your views on the referendum question and the design of the
ballot paper?
The Church of Scotland would support clarity, honesty and transparency in the drafting
process. The integrity ofthe process may be queried ifthe question on such a
fundamentally important issue for the nation is drafted by an organisation or political party
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that has already expressed a view on the hoped-for outcome could be seen as leading.
Given that the Scottish Government recognises in this consultation paper that its "preferred
policy is independence" the drafting of and decision about the final question on the ballot
paper should be solely in the hands of the independent body overseeing the whole process
QUESTION 2: What are your views on the proposed timetable and voting arrangements?
The Church would urge that the timetable for the referendum should give sufficient time for
the questions of principle we have referred to above, to be fully debated, rather than simply
a rehearsal of the party positions. However providing time for debate should not be seen as
an excuse for postponing the vote for a long time or for the creation of advantage for one
particular view.
QUESTION 3: What are your views on the inclusion of a second question in the
referendum and the voting system that could be used?
The Church of Scotland's General Assembly of 1989 noted that "The Church of Scotland has
consistently called for an effective form of self-government in Scotland within the
framework of the United Kingdom since 1948" and for the people to make the choice as to
how that self-government is manifested as an expression of that sovereignty. This Scottish
tradition recognises the sovereignty of God, entrusted to the community of the realm - who
may from time to time establish appropriate institutions at different levels through which
sovereignty may be exercised. This is a tradition that underpins the Claim of Right which
underpinned the creation ofthe Parliament. Sovereignty thus is not located in anyone
institution and all political institutions are provisional, an understanding we believe helps us
approach all issues from the perspective of "what best serves the people of Scotland".
Whatever the change proposed, the people should decide.
There are fundamental constitutional differences between more powers being granted to a
devolved parliament within the context ofthe United Kingdom and the dissolution ofthe
Union and the creation of an Independent Scotland. The Church is pleased that the Scottish
Government is committed to the Electoral Commissions guidelines that state "that
referendum questions should present the options, clearly, simply and neutrally".
Whilst it has not taken a view on one question or two, given the radically different
constitutional outcomes between a yes vote for increased devolution and one for
separation, the Church would call for clarity about both who drafts any questions on the
ballot paper and, if the decision is to have two questions, the relationship between those
two questions in terms of where it might appear that both have over 50% support of those
voting in the referendum.
QUESTION 4: What are your views on the proposal to give the Electoral Management
Board and its Convener responsibility for the operational management of the
referendum?
The Church of Scotland would support a referendum being run independently of any
political body, especially one with a vested interest in a particular outcome. Whilst the
Electoral Management Board is, without question, independent; in the interests of complete
transparency, The Electoral Commission would seem to be the best example of a properly
independent body separate from all political bodies in Scotland that is already set up to run
these aspects of the democratic process.
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In addition, as a matter of international good practice and transparency, the referendum
should be monitored by the (Warsaw-based) Office for Democratic Institutions & Human
Rights (ODIHR) ofthe (Vienna-based) Organisation for Security & Co-operation in Europe
(OSCE).The ODIHR is now one ofthe world's foremost election monitoring agencies.
QUESTION 5: What are your views on the proposed division of roles between the
Electoral Management Board and the Electoral Commission?
Whilst the EMB could assist in the delivery ofthe logistics ofthe referendum, they should do
so under the direct supervision and authority of the Electoral Commission. Any division of
roles should reflect that demarcation.
QUESTION 6: What are your views on the idea that the referendum could be held on a
Saturday or on other ways which would facilitate voting?
There is a responsibility on all involved to maximize opportunities for increasing the
participation of the people in the referendum.
In 1989 The Church of Scotland's General Assembly received a report that gave a theological
basis for understanding that Sovereign power is held only by God and that political power,
though ordained by God, is merely held by some on behalf of others and accountable to
them and God, rather than some, once elected, having absolute power over citizens, as is
the case with the present constitutional settlement of Westminster Parliament. It refers, for
example, to the declaration of Arbroath of 1320 which asserted that the Kings of Scotland
ruled "subject to the assent of the community of realm" and that this tradition of lim ited
political sovereignty has continued in Scotland to the present day. Given this understanding
ofthe Sovereignty of the people and that the proposed referendum is so fundamental to
the future of our Nation and how its institutions of political power will be shaped.
The Church's General Assembly of 2000 received a report expressing real concern about the
reductions not only in voting but in all aspects of political life and process by the public
outlining a number of reasons as to why that is the case and offering some ideas as to how
this might be changed, none of which related to logistical changes. The Church is ofthe view
however that increased voter participation will come more as a consequence of the
maximum opportunity for quality engagement in the debate by citizens prior to the
referendum itself.
The Church believes that the opportunity to discuss, debate and question about the best
way of achieving for example the alleviation of poverty or improving life expectancy ofthe
poorest communities in a safe context where the discussion is not simply a debate "for or
against" Scotland becoming independent from the United Kingdom and becoming an
independent country, will have a far great effect on turnout than changes the process of
voting itself.
Whilst not against logistical changes in the voting process per se, the Church would want to
see real and robust evidence that any proposed changes do help increase turnout and
would place a great priority on pre voting debate and discussion than logistical changes as
such.
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QUESTION 7: What are your views on extending the franchise to those aged 16 and 17
years who are eligible to be registered on the electoral register?
In its support for devolution and the vote to achieve that constitutional change, the Church
did not express support for expanding the franchise for that process beyond the
arrangements for parliamentary elections at that time. In remaining consistent with that
position, the Church would support the use of the franchise for the Scottish Parliament
being the basis for eligibility to vote in the referendum.
QUESTION 8: What are your views on the proposed spending limits?
The Church has no specific policy on the funding of campaigns of this nature. The Church
has consistently called for fairness and transparency in the democratic process and as such
would call for the same in the funding of that process, including ensuring that the voices
that have least access to funding are heard as loudly as those who have most.
QUESTION 9: Do you have any other comments about the proposals in the draft
Referendum
No.
(Scotland) Bill?
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