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UK Government accused of ‘hypocrisy’ for refusing to release legal advice on independence and the EU

Protesters, flanked by police officers, hold a European flag outside an administration building in Kiev during a demonstration. -- A rally was held to demonstrate the desire of Ukrainians, to join the European Union. The title of the march and rally was "We are Europeans!". Kiev, Ukraine. 26th October 2011
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Protesters, flanked by police officers, hold a European flag outside an administration building in Kiev during a demonstration. -- A rally was held to demonstrate the desire of Ukrainians, to join the European Union. The title of the march and rally was "We are Europeans!". Kiev, Ukraine. 26th October 2011 {headshot}

The UK Government has blocked access to legal advice on whether Scotland could stay in the European Union after independence.

The ban comes just weeks after Holyrood MSPs hit out at the SNP for imposing its own block on legal advice about Europe (link).And it means governments on both sides of the border are refusing to tell the voters the full story about Scotland’s place in the EU.

Earlier this month Scottish Secretary Michael Moore said the idea that Scotland would gain automatic entry to Europe was ”fanciful”. Backing a House of Commons call for the SNP to publish legal advice it has received, he said: ”We need to get these issues sorted out. The uncertainty needs to be resolved sooner rather than later.”

And Scottish Liberal Democrat leader Willie Rennie said: ”If the Scottish people are to make any kind of informed decision, we need clarity on the advice the SNP has received.”

But the UK Government has blocked a freedom of information request for its advice on Scotland in Europe.

It said: ”Whilst there is a strong public interest in seeing what legal advice has been provided to the UK Government on the implications of EU membership if Scotland were to achieve independence, we have concluded that this is outweighed by a strong public interest in the Government being able to seek free and frank legal advice.”

Meanwhile, in a written answer at Westminster, Scotland Office Minister David Mundell admitted: ”I have not received formal representations on the possible status of an independent Scotland within the EU.”

A spokesman for the First Minister said the answers proved there was no basis for attacks on Scotland’s place in Europe.

He said: ”The hypocrisy of the Tories and Liberal Democrats in refusing to publish their legal advice is revealed for all to see. And David Mundell has let the cat out the bag Tory scaremongering about Scottish independence is exposed as being based on nothing.

”The reality is that Scotland is already part of the European Union and Scots are already EU citizens. Our membership will continue after independence, just as we will continue to use sterling. The onus is on those who argue the opposite to prove it, and in 20 years of trying they have entirely failed to do so.”