ABSTRACT

Short of devolution taking the form of a dismantling of the Union, which has endured for nearly 300 years, and conferring complete legal and political independence upon Scotland, this solution is not viable. The devolution of power falls far short of complete legislative independence. The Scottish Parliament enjoys legislative competence in relation to matters which are not reserved to the Westminster Parliament. Accordingly, in matters reserved to the Westminster Parliament, it is not tenable to argue that there should be no Scottish representation at Westminster and, a fortiori, that there should be no representation in relation to matters relating to Scotland which have been reserved to the Westminster Parliament. To adopt such a policy would ensure not the strengthening of the Union, but its rapid and ultimate demise and the break up of the United Kingdom.