Referendum risk
Sir: James Forsyth’s excellent analysis (‘To save the Union, negotiate independence’, 5 September) has one flaw: it is not quite correct to say that ‘there is no way a legal referendum can take place without Westminster’s consent’. That is true for a decisive referendum that would commit the UK to the outcome, but not necessarily true for an advisory one. The Commons Library briefing paper (29 May 2019) says that the devolution legislation is unclear and the matter ‘has not been resolved’. This view is supported by the Institute for Government. Nicola Sturgeon is likely to take the issue to the Supreme Court which, with its two Scottish judges, is quite likely to side with Edinburgh. The Brexit referendum was advisory but the conclusion was hard to resist. Downing Street seems to be oblivious of the risk. It would be easy enough to legislate it away.
Tim Ambler
Senior Fellow, Adam Smith Institute
London SW1
On entry visas
Sir: Lionel Shriver is entirely right that ‘taking back control’ of our borders is almost impossible once immigrants have landed on our shores (‘The trouble with “taking back control”’, 5 September).
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