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Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 4 May 2021
  6. Current session: 13 May 2021 to 17 December 2025
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Displaying 1689 contributions

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Constitution, Europe, External Affairs and Culture Committee [Draft]

Decision on Taking Business in Private

Meeting date: 11 December 2025

Clare Adamson

Good morning, and a warm welcome to the 33rd meeting in 2025 of the Constitution, Europe, External Affairs and Culture Committee. We have received apologies from Stephen Kerr. We welcome Brian Whittle, who is not a substitute but is joining us for the stage 2 proceedings.

The first agenda item is a decision on taking business in private. Does the committee agree to take in private at a future meeting our consideration of the stage 1 report on the Desecration of War Memorials (Scotland) Bill?

Members indicated agreement.

Constitution, Europe, External Affairs and Culture Committee [Draft]

UEFA European Championship (Scotland) Bill: Stage 2

Meeting date: 11 December 2025

Clare Adamson

There will be a division.

For

Halcro Johnston, Jamie (Highlands and Islands) (Con)

Against

Adam, George (Paisley) (SNP)
Adamson, Clare (Motherwell and Wishaw) (SNP)
Bibby, Neil (West Scotland) (Lab)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Harvie, Patrick (Glasgow) (Green)

Constitution, Europe, External Affairs and Culture Committee [Draft]

Legal Mechanism for any Independence Referendum

Meeting date: 11 December 2025

Clare Adamson

As there are no further questions from the committee, that concludes our questioning this morning. I thank you all for an interesting session and for all the work that you did prior to the meeting to send your briefings to the committee. I wish you all a safe journey home and a rest, especially if you have got up in the middle of the night in Canada.

Meeting closed at 10:42.  

Constitution, Europe, External Affairs and Culture Committee [Draft]

Legal Mechanism for any Independence Referendum

Meeting date: 11 December 2025

Clare Adamson

Good morning, again, and a warm welcome back to the meeting. Our next agenda item is continuation of our evidence taking on a legal mechanism for any independence referendum.

I hope that I get the witnesses’ names right—please correct me if I am wrong. We are joined in the room by Professor Nikos Skoutaris, professor of European constitutional law, University of East Anglia; Dr Lea Raible, school of law, University of Glasgow; and Professor Ailsa Henderson, professor of political science, University of Edinburgh. We are joined online by Professor Aoife O’Donoghue, school of law, Queen’s University Belfast, as well as, for the second week in a row, a guest from Canada—and I want to thank Professor André Lecours, professor of political studies, University of Ottawa, for his early rise. Thank you all for your written submissions, which have been very helpful in our deliberations.

We have heard in our evidence taking that, especially in the wake of the Supreme Court ruling, the Scottish Parliament does not have the competence to legislate for another independence referendum. Is there any merit in seeking to formally establish the circumstances in which a referendum could take place? Moreover, do you have any views on what that legal framework or procedure could look like, or what framework or procedure could be arrived at?

I will go from left to right, starting with Dr Raible.

Constitution, Europe, External Affairs and Culture Committee [Draft]

Legal Mechanism for any Independence Referendum

Meeting date: 11 December 2025

Clare Adamson

On international courts, I remember taking evidence from Sir David Edward before the referendum in 2014. He said that there was no mechanism to take citizenship away from an individual and we talked about the circumstances. I think that Nicola Sturgeon said at the time that, unless there was a significant change in circumstance, there would not be another referendum but, of course, we have been taken out of the EU, and we have all lost our EU citizenship, unless we are lucky enough to have a grandparent or to be married to someone from the European Union.

We talk about international law, but is there not a human rights issue here? Things have happened to Scotland that were against the democratic will of the Scottish people, yet we still have a barrier to determining how we want to take things forward.

Professor O’Donoghue is nodding her head, so she can come in first.

Constitution, Europe, External Affairs and Culture Committee [Draft]

Legal Mechanism for any Independence Referendum

Meeting date: 11 December 2025

Clare Adamson

I have a follow-up question for Professor O’Donoghue. Professor Skoutaris mentioned the right to self-determination but, given the organisation of the UK, individual citizens in Northern Ireland have a completely different set of circumstances to get to a united Ireland or whatever compared to citizens in Scotland, and devolution is different again in Wales. Is there a danger that citizens are left with different rights across the UK?

Constitution, Europe, External Affairs and Culture Committee [Draft]

UEFA European Championship (Scotland) Bill: Stage 2

Meeting date: 11 December 2025

Clare Adamson

I invite Mr Adam to wind up the debate and to press or withdraw amendment 6.

Constitution, Europe, External Affairs and Culture Committee [Draft]

UEFA European Championship (Scotland) Bill: Stage 2

Meeting date: 11 December 2025

Clare Adamson

The result of the division is: For 1, Against 5, Abstentions 0.

Amendment 13 disagreed to.

09:15  

Amendment 10 moved—[George Adam]—and agreed to.

Section 35 agreed to.

Section 36—Regulation-making powers

Amendment 11 not moved.

Section 36 agreed to.

Section 37—Interpretation

Amendment 2 moved—[Richard Lochhead]—and agreed to.

Section 37, as amended, agreed to.

Section 38 agreed to.

Section 39—Repeal

Amendment 12 moved—[George Adam]—and agreed to.

Section 39, as amended, agreed to.

Section 40 agreed to.

Long title agreed to.

Constitution, Europe, External Affairs and Culture Committee [Draft]

Legal Mechanism for any Independence Referendum

Meeting date: 11 December 2025

Clare Adamson

Thank you. Does anyone else want to comment?

Constitution, Europe, External Affairs and Culture Committee [Draft]

UEFA European Championship (Scotland) Bill: Stage 2

Meeting date: 11 December 2025

Clare Adamson

That is fine. I call the minister.