Call for UK government to back independent Scotland's 'seamless entry' to the EU
Brandon Malone, who is a pro-independence solicitor advocate, called on the UK government to back Scotland's "seamless entry" to the EU, on 6 February 2014.
Mr Malone said the people of Scotland were entitled to assume the UK government would support Scotland's "seamless entry into the EU", and state whether in principle Scotland should inherit the UK's opt outs and part of its budget rebate.
Mr Malone called on the UK government to say in principle if it backed Scotland continuing membership in the EU from the day of independence and if it backed in principle the creation of a Sterling zone.
He said he was "disturbed" there had not been immediate confirmation by the UK government that it was in favour of Scotland inheriting EU membership.
In his submission Mr Malone goes on to say if the referendum is to "deliver a fair test and a decisive expression of the views of people in Scotland and a result that everyone will respect" as called for by the Electoral Commission, the UK government needs to engage with the Scottish government, the EU and other international bodies to provide clarity to voters on the consequences of a Yes vote.
The Scottish Government insists it will keep Scotland in the EU by negotiating a treaty amendment in the 18 months after the referendum, utilising Article 48 (on treaty amendment) of the Lisbon Treaty, a view backed by Mr Malone.
Some senior European figures, including European Commission president Jose Manuel Barroso and European Council president Herman Van Rompuy, have suggested Scotland would have to join as a new state under Article 49.
The European and External Relations Committee was continuing its inquiry into the Scottish Government's proposals for an independent Scotland: membership of the European Union.