Indyref will be legally meaningless ...says SNP’s own chief law officer!
Lord Advocate’s bizarre Supreme Court submission
SCOTLAND’S top law officer will argue in court that the Scottish Government can stage a second independence referendum because it would only be ‘advisory’ with no legal effect.
In a bid to argue holding a re-run of the 2014 vote without Westminster’s consent would be legal, Lord Advocate Dorothy Bain, QC, will urge judges to ignore its possible implications.
SNP leader Nicola Sturgeon instructed Miss Bain to ask the Supreme Court whether she could hold a lawful referendum on Scottish independence.
The court agreed to consider the issue, as well as UK Government accusations that the attempt is premature because no Bill has been passed at Holyrood.
In her written submission, Miss Bain suggests a referendum may not affect reserved powers because it would merely gauge public opinion, and ‘would have no prescribed legal consequences arising from its result. It is not, unlike some other referendums, self-executing’.
She adds: ‘The words and provisions of the Bill indicate that the legally relevant purpose is to ascertain the wishes of the people of Scotland on their future. The wider motivations and aspirations of the Scottish Government and other political parties are not legally relevant.
‘The legal consequences of the Bill are, relevantly, nil. Any practical effects beyond ascertaining the views of the people of Scotland are speculative, consequential and indirect and should not properly be taken into account.’
The Supreme Court will hear the arguments in London on October 11 and 12. Miss Sturten geon has said she wants to hold an independence vote on October 19, 2023, and if the court decision goes against her, the next general election would be a de facto referendum.
A UK Government spokesman said: ‘We are preparing our writcase on the preliminary points we have noted, as well as the substantive issue, and will submit them to the court in accordance with its timetable.
‘The UK Government’s clear view remains that a Bill legislating for a referendum on independence would be outside the legislative competence of the Scottish parliament.’
Scottish Tory constitution spokesman Donald Cameron said: ‘The SNP’s self-indulgent push for another divisive referendum is the worst possible priority at this time.
‘Nicola Sturgeon’s relentless obsession with trying to break up the United Kingdom must end. She needs to stop playing these political games.
‘Ordinary Scots want her fully focused on tackling the global cost of living crisis, addressing record high A&E waiting times, and accelerating our postpandemic recovery. Instead, she is typically creating constitutional grievances to deflect from her own record of failure, and divide us all over again.’
Scottish Labour constitution spokesman Sarah Boyack said: ‘Whether or not the government can hold a referendum, it is a complete dereliction of duty to do so while bills are soaring, the NHS is in crisis, and people can’t afford to put food on the table.
‘The SNP need to stop trying to tear communities apart, and start using the powers they already have to build a better future for Scotland.’
‘Merely gauge public opinion’