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Referendum ballot 'rigging' claim SNP reject 'rigging' vote claims
(about 1 hour later)
Labour has accused the Scottish government of trying to avoid scrutiny of its draft independence referendum bill, which it will publish this week. The Scottish government has denied claims that it is trying to "rig" the bill on a proposed referendum on Scottish independence.
It has emerged the SNP administration plans to set up a special body to run a proposed referendum on independence. Labour made the allegations after it emerged the SNP does not want to use the usual overseeing body, but plan to set up a special organisation.
Ministers do not want to use the Electoral Commission, which overseas Westminster elections. But Education Minister Mike Russell has insisted the Scottish Referendum Commission would be independent.
Scottish Labour's Pauline McNeill said the SNP was trying to take control and "rig" the referendum. He added it would be responsible to the Scottish Parliament, not ministers.
The Electoral Commission oversees all elections called by the Westminster parliament. Normally, the Electoral Commission oversees all elections called by the Westminster parliament, and monitors Scottish Parliament elections too.
While it does oversee Scottish Parliament elections, it does not have an automatic statutory role with regard to referendums which are called by the devolved institutions. But it does not have an automatic statutory role for referenda called by the devolved institutions, and the government wants to create a new body - the Scottish Referendum Commission - to monitor its ballot.
It's like ordering the referee off the pitch Pauline McNeill MSPLabour, Culture and Constitution
Mr Russell explained: "The discussions which have gone on show how much we respect the Electoral Commission but a Scottish election needs to be regulated in a particular way, not by a Westminster body, and that's the issue."
Mr Russell added: "The aim from the very beginning was to get the proper body, that was independent, that reported to the parliament and which had the tightest set of rules."
But Scottish Labour's spokeswoman on culture and the constitution Pauline McNeill said the SNP was trying to "rig" the referendum.
She said: " "It's like ordering the referee off the pitch."
FOI DOCUMENTS Extracts from correspondence between the Electoral Commission and Scottish government officials
FOI DOCUMENTS Extracts from correspondence between the Electoral Commission and Scottish government officials
Email from the Scottish government, 13 March, 2009 - "We are now looking at what the question in an independence referendum might be and at some point will need to show we have properly assessed it for intelligibility, neutrality, etc."Email from the Scottish government, 13 March, 2009 - "We are now looking at what the question in an independence referendum might be and at some point will need to show we have properly assessed it for intelligibility, neutrality, etc."
Electoral Commission minute, 22 September, 2009 - "Scottish government officials confirmed... that there was currently no provision to consult any organisation as to the intelligibility of the referendum question."Electoral Commission minute, 22 September, 2009 - "Scottish government officials confirmed... that there was currently no provision to consult any organisation as to the intelligibility of the referendum question."
Electoral Commission minutes, 6 November, 2009 - "There seems little regard to the remit and role of what the Scottish Referendum Commission would actually do." Read the full exchanges obtained under FOI [2.91MB] Most computers will open this document automatically, but you may need Adobe ReaderElectoral Commission minutes, 6 November, 2009 - "There seems little regard to the remit and role of what the Scottish Referendum Commission would actually do." Read the full exchanges obtained under FOI [2.91MB] Most computers will open this document automatically, but you may need Adobe Reader
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Documents obtained as a result of a Freedom of Information request show that the Scottish government would create a new body - the Scottish Referendum Commission - to oversee its ballot. Explain why
Education Secretary Michael Russell said: "The discussions which have gone on show how much we respect the Electoral Commission but a Scottish election needs to be regulated in a particular way, not by a Westminster body, and that's the issue."
Mr Russell added: "The aim from the very beginning was to get the proper body, that was independent, that reported to the parliament and which had the tightest set of rules.
"When those draft rules are published later this week, I think you will realise that it is international best-practice, not UK best-practice, not English best-practice, but international best-practice for the fairest referendum it is possible to have."
Ms McNeill, Scottish Labour's spokeswoman on culture and the constitution, told BBC Scotland that not using the electoral commission was "like ordering the referee off the pitch".
She said: "They would set up a new body which is untried, untested, under their control.
"So quite clearly it is an attempt to rig any question so they would have control over a referendum.
"It completely lacks integrity."
The Scottish Conservatives accused First Minister Alex Salmond of trying to dream up new ways of rigging a referendum.The Scottish Conservatives accused First Minister Alex Salmond of trying to dream up new ways of rigging a referendum.
The Freedom of Information paperwork also revealed the concerns of the Electoral Commission over the wording of the referendum questions and that the timescale towards the poll was too short. Liberal Democrat Chief Whip Mike Rumbles said: "If the SNP want to hand the constitutional future of Scotland to a different organisation, they need to explain why."
All of the main parties at Holyrood currently oppose the SNP's proposed independence referendum. It has also been revealed through a Freedom of Information request that the Electoral Commission had concerns over the wording of the referendum questions and the timescale towards the poll.
It will be difficult for the minority government to gain the votes it needs to put the referendum to the Scottish people. The draft bill on the independence referendum is expected to be published on Friday.
If the draft bill is passed, the independence referendum could take place as soon as 30 November. If it is passed, the vote could take place as soon as 30 November.
The bill is expected to be published on Friday.