Scottish independence

Queen would need governor general in Scotland if it leaves UK, says expert

Whether to have governor general would need to be addressed, but Queen would remain head of state in independent Scotland

Scottish independence referendum – live blog
Queen Elizabeth II with Scotland's first minister Alex Salmond
Queen Elizabeth II with Scotland's first minister Alex Salmond at the Palace of Holyroodhouse in Edinburgh. Photograph: Andrew Milligan/PA

The Queen will need to establish the role of a governor general in Edinburgh to act on her behalf if Scotland votes to leave the United Kingdom, according to a constitutional expert.

The change would be the result of several questions about Scotland's future relationship with the monarchy that would be thrown up by a yes vote.

"The Queen couldn't have two conflicting sources of advice from two different governments. There would have to be a governor general," said Vernon Bogdanor, professor of government at King's College, London. "It's perfectly workable. The Irish free state had one."

Bogdanor said the Queen's grandfather King George V appointed a governor general for the Irish free state in 1922, while he remained Ireland's head of state.

The Scottish government white paper on independence says the Queen will remain head of state in an independent Scotland, as she is in the UK and 15 other nations, such as Canada and Jamaica, known as the Queen's realms.

But the Queen's realms normally have a governor general, a representative who officiates on her behalf when the monarch is out of the country. The actions of governor generals have, in the past, proved controversial.

In extreme circumstances, governor generals have reserve powers to act without ministerial advice to:

• Appoint a prime minister if an election has resulted in a hung parliament.

• Dismiss a prime minister.

• Force a dissolution of parliament and call new elections.

• Refuse a prime minister's request for an election.

• And refuse assent to legislation.

In 1975, Australia's then governor general, Sir John Kerr, dismissed the Australian prime minister, Gough Whitlam, whose government had been plagued by resignations and faced the blocking of its budget by the upper house of parliament. and appointed the leader of the opposition as caretaker prime minister in his place.

Kerr was widely criticised for the unprecedented move, and the constitutional crisis, often referred to as "the dismissal", represents one of the most turbulent periods in modern Australian history.

Professor Stephen Haseler, director of the Global Policy Institute in London, said: "The governor general was meant to be above politics, but in 1975 he got involved in politics. They never got over that. I don't think it would happen again."

Haseler said the prospect of a governor general depended on whether the Scottish parliament wanted to be a member of the Commonwealth, adding: "I would think that the Scots would not want a Commonwealth relationship with Britain."

He stressed that if there was a yes vote and no governor general, there could be an issue for the Queen as the plans for an independent Scotland were put into place.

"It could bring them into conflict. The negotiations are going to be quite tense," Haseler said.

The Yes Scotland campaign has maintained that a governor general role will not be needed.

"No such position would be required for very obvious reasons," a spokesman said. "The Queen is regularly in Scotland, she is extremely close to Scotland to be able to carry out ceremonial duties, and has always opened each session of the Scottish parliament, for example."

The Queen receives a weekly report from the Scottish parliament and has regular audiences with the Scottish first minister to keep up to date with Scottish politics.

Her weekly audience with prime minister, David Cameron, is carried out by telephone if neither the monarch nor the prime minister is available to meet.

Any need for a governor general brings with it the problem of who would be given the role. The chosen candidate would be appointed by the Queen on the advice of the Scottish government, is likely to hold the post for around five years and is usually paid a large salary.

The New Zealand governor general receives around £168,000 a year, while in Australia, the pay is around £240,000.

There is also speculation that following a yes vote, Scotland might eventually become a republic when the crown passes to the Prince of Wales.

Haseler said: "I would think there's no chance at all that Charles could take over as the next king [of Scotland]'. The SNP [Scottish National party] has not talked about heirs and successors."

He predicted an independent Scotland would eventually become a republic, adding: "Some people think there would be a second referendum on the monarchy if there is a yes vote."

Buckingham Palace issued a statement earlier this week saying the Queen took the view that the fate of Scotland – to stay in the union or leave – was in the hands of its people.

There had been reports the Queen was growing increasingly concerned about Scotland breaking away, but the palace stressed any suggestion the head of state wanted to influence the referendum vote was "categorically wrong".

During her silver jubilee year of 1977, there were growing calls for power to be devolved to Scotland and Wales. The Queen made her views clear in a speech to both houses of parliament when she said she understood the aspirations of Scotland and Wales: "But I cannot forget that I was crowned Queen of the United Kingdom of Great Britain and Northern Ireland. Perhaps this jubilee is a time to remind ourselves of the benefits which union has conferred, at home and in our international dealings, on the inhabitants of all parts of this United Kingdom."

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