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No legal advice sought on EU entry

 

The Scottish Government has admitted that no specific legal advice has been taken on entry to the European Union in the event of a vote for independence.

The announcement by Deputy First Minister Nicola Sturgeon follows concerted criticism from opposition parties about the SNP's attempts to keep the information under wraps.

It also effectively ends a potentially expensive legal challenge against a ruling by Information Commissioner Rosemary Agnew who ordered the Government to reveal whether advice was sought.

Ms Sturgeon made the comment during a statement at the Scottish Parliament just over a week since Prime Minister David Cameron visited Edinburgh to sign off a deal ensuring a legal and decisive referendum in 2014.

"In light of the Edinburgh agreement, by which both governments have agreed the process for Scotland to achieve independence, I can confirm that the (Scottish) Government has now commissioned specific legal advice from our law officers on the position of Scotland within the European Union if independence is achieved through this process," she said.

"The Scottish Government has previously cited opinions from a number of eminent legal authorities, past and present, in support of its view that an independent Scotland will continue in membership of the European Union but has not sought specific legal advice.

"However, as the Edinburgh agreement provides the exact context of the process of obtaining independence, we now have the basis on which specific legal advice can be sought."

She said the views of those eminent authorities, which the Scottish Government has so far relied on, will continue to be "highly relevant".

She told parliament: "Given that my statement today answers the ruling of the Information Commissioner on the existence of legal advice, there is now no need for the Government to pursue an appeal against this ruling in this specific case and I have asked our lawyers to advise the court accordingly and to ask that the appeal be dismissed."

The SNP insists that Scotland will automatically be accepted into the EU, while opponents say it would have to reapply and lose the UK's existing rights and opt-outs.

 
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