In a letter sent today to the First Minister, Conservative MEP Ian Duncan and Highlands and Islands MSP Jamie McGrigor call on Alex Salmond to clarify the Scottish Government's position on EU Membership of an Independent Scotland in light of two letters sent by Vice President of the European Commission Viviane Reding. Writing to the Scottish Parliament's European and External Relations Committee, Ms. Reding makes it clear that if Scotland votes for Independence, Scots will no longer be EU citizens. Ms. Reding sets out that where any part of the territory of a Member State ceases to be part of that state, the European treaties cease to apply to it.  

The Commissioner's letters flatly contradict the Scottish Government's White Paper assertion that the European treaties would continue to apply to an Independent Scotland, and that a treaty change under Article 48 would be a suitable process to facilitate the transition process. The Commissioner also indicates that citizenship of the EU is dependent on being a citizen of a Member State, something Scots would not enjoy in the event of separation.

Mr Duncan and Mr McGrigor write

'In light of Ms Reding's letters and the clarification she provides, we would like to ask you if the Scottish Government now accept that in accordance with EU law, it no longer follows that Scotland's de facto membership of the EU since 1973 is suitable grounds to avoid applying to become an independent member of the EU under Article 49; and secondly, whether the Scottish Government accept that in the event of becoming an independent state, Scotland would cease to be party to European Treaties, thus rendering us liable to pursue independent membership through Article 49'.

Mr Duncan commented

'As we saw in the debate with Alistair Darling on Monday night, Mr Salmond likes to shout questions but doesn't like to give answers. The Commissioner makes it clear in her letters to the European and External Relations Committee that Scotland would have to re-apply for membership of the EU. That means no UK rebate, taking the Euro as currency, and losing VAT exemption on children's clothes, to name but a few. Mr Salmond must be straight with the Scottish people'.

Mr McGrigor added

'I believe that the overwhelming arguments and the legal framework for accession leads us to Article 49 of the EU Treaties, which explicitly states that any ‘new’ state applying for membership will have to follow the same process. In a nutshell, that means in all probability having to sign up to the Euro and agreeing to Schengen, with not even the proviso that we would be accepted. It also means the Scottish Government’s suggested timescale of 18 months is farcical given the fact that it took Croatia almost a decade from applying to being admitted.'

“From the many experienced, influential and key experts who have given evidence to the Scottish Parliament’s European Committee inquiry, it is clear that there is no automatic right that an independent Scotland would be admitted to the EU. I think of the contributions to our inquiry made by leading academics such as Kenneth Armstrong, professor of law at Cambridge University, who said that Article 48, the so-called fast-track means by which an amendment to the treaties would be sufficient for membership would be "legally implausible and incredibly politically risky." Professor Armstrong went on to say that Article 48 is "a way of renegotiating the treaties between existing member states, and not with some other non-member state." I am also reminded of what Patrick Layden QC said, and I quote, "If we decide seriously to leave the United Kingdom, one of the consequences that is reasonably clear and generally agreed is that Scotland will not be part of the European Union."