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Scottish independence: UK government say keep 'trusted devolution' Scottish independence: UK government say keep 'trusted devolution'
(35 minutes later)
By Andrew Black Political reporter, BBC Scotland By Andrew Black Political reporter, BBC Scotland
Scottish devolution has established itself as a trusted form of government that would be lost under independence, UK ministers have said.Scottish devolution has established itself as a trusted form of government that would be lost under independence, UK ministers have said.
The comments came as the Westminster government published the first in a series of papers on the issue. The comments came as the Westminster government released the first in a series of papers on the issue.
Scottish Secretary Michael Moore said independence was an end, rather than an extension, to devolution, which came into being in 1999. UK ministers also published legal opinion suggesting an independent Scotland would be a regarded as a separate state under international law.
The Scottish government is staging its independence referendum in autumn 2014.The Scottish government is staging its independence referendum in autumn 2014.
In what was the first in a series of papers on the issue, Mr Moore outlined the UK argument along with Advocate General Lord Wallace - a former Scottish deputy first minister - and Scotland Office minister David Mundell. Mr Moore href="https://www.gov.uk/government/publications/scotland-analysis-devolution-and-the-implications-of-scottish-independence" >outlined the UK argument along with Advocate General Lord Wallace - a former Scottish deputy first minister - and Scotland Office minister David Mundell.
In support of its case, the UK government has published in full the href="https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/79368/Scotland_analysis_Devolution_and_the_implications_of_Scottish_Independance-annexA_acc.pdf" >legal opinion it received on the international law aspects of Scottish independence. It included legal opinion from Prof James Crawford of Cambridge University and Prof Alan Boyle of Edinburgh University, that Scotland would become a new state after independence.
The experts consulted by Whitehall, Prof James Crawford of Cambridge University and Prof Alan Boyle of Edinburgh University, concluded that Scotland would become a new state after independence.
They said the remainder of the UK would be considered the "continuing state" under international law.They said the remainder of the UK would be considered the "continuing state" under international law.
Speaking in Edinburgh, Mr Moore said: "No matter which side of the debate you are on, we all recognise this will be a momentous choice.Speaking in Edinburgh, Mr Moore said: "No matter which side of the debate you are on, we all recognise this will be a momentous choice.
"It's a choice that is too important to get wrong and a choice that we must make on the basis of evidence, not assertion."It's a choice that is too important to get wrong and a choice that we must make on the basis of evidence, not assertion.
"To do that, we all need to be able to consider the facts.""To do that, we all need to be able to consider the facts."
The Scottish secretary said devolution had allowed Scotland to make key decisions in areas like schools, policing and the health service.The Scottish secretary said devolution had allowed Scotland to make key decisions in areas like schools, policing and the health service.
He added: "Unless we understand what we have - how our nation contributes to and benefits from being part of our United Kingdom, we cannot begin to consider the implications of independence.He added: "Unless we understand what we have - how our nation contributes to and benefits from being part of our United Kingdom, we cannot begin to consider the implications of independence.
"Our first paper in this series makes the case that devolution - Scotland's constitution today - offers our country the best of both worlds. We're a strong proud nation within a modern, devolved country.""Our first paper in this series makes the case that devolution - Scotland's constitution today - offers our country the best of both worlds. We're a strong proud nation within a modern, devolved country."
"Too often we have taken for granted what we have, so, in our paper, we set out a full and detailed examination of the devolution settlement that we have in the UK.""Too often we have taken for granted what we have, so, in our paper, we set out a full and detailed examination of the devolution settlement that we have in the UK."
Mr Moore said the devolved Scottish Parliament had become an "established and trusted form of government in Scotland", adding: "Independence would end devolution - it is not an extension of it."Mr Moore said the devolved Scottish Parliament had become an "established and trusted form of government in Scotland", adding: "Independence would end devolution - it is not an extension of it."
On the legal advice, Lord Wallace added: "The opinion from Professors Crawford and Boyle concludes that, in the event of a vote in favour of leaving the UK, in the eyes of the world and as a matter of law, Scotland would become an entirely new state.
"In international law, new or 'successor' states are regarded as fundamentally different in law from 'continuator' states.
"A successor state, in contrast with a continuing state, does not automatically inherit the rights, obligations and powers of the predecessor."
The Scottish government is publishing a White Paper outlining the substantive case for independence towards the end of the year.The Scottish government is publishing a White Paper outlining the substantive case for independence towards the end of the year.
A bill setting out the terms of the autumn 2014 referendum - including the precise date - is expected to be introduced to the Scottish Parliament in March.A bill setting out the terms of the autumn 2014 referendum - including the precise date - is expected to be introduced to the Scottish Parliament in March.