Recommendation 2

The Committee recognises that within the context of both international law and the UK constitution, Scotland has no legal right to unilaterally secede nor to unilaterally hold a referendum on the question of independence. But of equal importance, the people of Scotland have a democratic right to determine Scotland’s constitutional future. Indeed, this is central to the Scottish constitutional principle of the sovereignty of the people. It is also implicit in the findings of the Smith Commission which stated that “nothing in this report prevents Scotland becoming an independent country in the future should the people of Scotland so choose”. As Professor Renwick told us, “there is widespread agreement that the Union is voluntary and that, should the people of Scotland wish it, Scotland is entitled to independence.”