Election watchdog begins 12-week review of Scottish referendum question

http://www.guardian.co.uk/politics/2012/nov/09/watchdog-review-scottish-referendum-question

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The Electoral Commission has begun scrutinising the Scottish government's question for the independence referendum, as ministers pledged the poll would follow "the highest international standards".

The commission confirmed on Friday morning that it had been asked by Alex Salmond's government to assess the proposed question, unveiled in January – "do you agree that Scotland should be an independent country?" – for bias, clarity and simplicity.

John McCormick, the Scottish commissioner on the UK electoral watchdog, said it would tell the Scottish parliament if its 12-week review found evidence that this form of words was misleading or flawed.

"We will assess the referendum question to see whether voters find it clear, simple and neutral. If it isn't, we'll say what needs to be done," McCormick said.

The commission, which ruled against Nick Clegg's preferred wording of the AV electoral reform referendum held last year, will set up a series of focus groups, a voter survey by Ipsos Mori and meetings with political parties and outside elections experts for its inquiry.

The wording of the question has already provoked controversy, with allegations from leading pollsters and elections analysts that it is inherently biased towards a yes vote because it asks whether voters "agree" with the proposition.

Critics believe this tends to sway undecided voters, who may feel more reluctant to disagree with a positive request. In a tight contest, it could prove significant.

An independent commission set up by the pro-UK parties with Edinburgh University, headed by the university's former principal Lord Stewart Sutherland, said in August that voters should be asked to agree or disagree with a neutral statement that "Scotland should be an independent state".

That panel, however, said the evidence about "emotive" questions was mixed: it found there was no conclusive evidence from previous referendums that Salmond's wording would necessarily produce a biased result.

Nicola Sturgeon, the deputy first minister, pointed out on Friday that this wording had been "broadly supported" by 64% of the 26,000 responses to the Scottish government's consultation on the referendum, which also found that 59% backed Salmond's proposal to stage the vote in autumn 2014.

But that consultation exercise proved difficult for Salmond's government: it found that 59% did not want a two-question referendum, favoured by the first minister, while support for votes for 16- and 17-year-olds was split.

The commission could have to tackle a series of issues with the Scottish government, particularly over campaign financing.

Sturgeon was seen to suggest at the SNP's annual conference last month that her government would ignore the commission's views on setting relatively high limits on funding and donations, which the SNP fears will favour the pro-UK parties and campaign. The SNP wants tighter spending limits.

The SNP's independence campaign has had two high-profile donations worth £2m in total, but the yes campaign has only the SNP and several smaller parties behind it, while the no campaign includes the three major UK parties, who could draw on greater financial and political resources.

However, Sturgeon indicated on Friday that the SNP was keen to follow the commission's guidance and UK legislation. Her statement said the referendum rules "will match those for other referendums in the UK under the Westminster Political Parties, Elections and Referendums Act 2000".

She added: "The independence referendum will meet the highest international standards. The Electoral Commission has considerable expertise in regulating referendums and elections."

Scottish leaders of the Conservatives, Lib Dems and Labour issued a joint statement urging the Scottish government to honour the commission's ruling on the proposed question. "It is vital that the referendum properly reflects the will of the Scottish people," they said.

"We look forward to hearing the views of the Electoral Commission and will abide by its ruling. It is our hope that the SNP government will also follow the Electoral Commission's decision and publicly commit to its ruling. As an independent arbiter, the Electoral Commission is the best judge of what question will allow for a fair, legal and decisive referendum."