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Scottish independence: UK government say keep 'trusted devolution' Scottish independence: UK government says 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 released 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.
UK ministers also published legal opinion suggesting an independent Scotland would be a regarded as a separate state under international law.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.
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 outlined the UK argument along with Advocate General Lord Wallace - a former Scottish deputy first minister - and Scotland Office minister David Mundell.
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.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.
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.
It is in the nature of legal opinions that they are rarely black and white.It is in the nature of legal opinions that they are rarely black and white.
And so it is with the UK government's new advice on Scottish independence.And so it is with the UK government's new advice on Scottish independence.
Profs James Crawford and Alan Boyle clearly think it is "most likely" that independence would create only one new state - Scotland.Profs James Crawford and Alan Boyle clearly think it is "most likely" that independence would create only one new state - Scotland.
They expect the rest of the UK would just carry on, having inherited the current UK's treaties and memberships of international organisations.They expect the rest of the UK would just carry on, having inherited the current UK's treaties and memberships of international organisations.
Scotland, they argue, would have to negotiate its way in the world from scratch, including joining the EU as a new member.Scotland, they argue, would have to negotiate its way in the world from scratch, including joining the EU as a new member.
However these eminent lawyers do not completely discount other possibilities.However these eminent lawyers do not completely discount other possibilities.
In the case of the EU, they say automatic membership is "not inconceivable" if member states were "willing to adjust the usual requirements" in Scotland's circumstances.In the case of the EU, they say automatic membership is "not inconceivable" if member states were "willing to adjust the usual requirements" in Scotland's circumstances.
They also note the "importance of negotiations in predetermining the consequences of independence".They also note the "importance of negotiations in predetermining the consequences of independence".
In other words, if the UK and Scottish governments wanted to agree a Czechoslovak style "velvet divorce" creating two new, equal successor states, they could do so.In other words, if the UK and Scottish governments wanted to agree a Czechoslovak style "velvet divorce" creating two new, equal successor states, they could do so.
Of course, the UK government does not want to run a new state and has ruled out any pre-negotiation with the Scottish government, because it does not support independence.Of course, the UK government does not want to run a new state and has ruled out any pre-negotiation with the Scottish government, because it does not support independence.
Creating two states from one is not just a legal matter.Creating two states from one is not just a legal matter.
Domestic and international politics are also in play.Domestic and international politics are also in play.
"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."
The Scottish secretary said he was confident more devolution for Scotland would happen, but said the UK government would not be bringing forward such proposals, arguing they should come from the "grassroots".The Scottish secretary said he was confident more devolution for Scotland would happen, but said the UK government would not be bringing forward such proposals, arguing they should come from the "grassroots".
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.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."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.""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.