Indyref rerun without Westminster approval ‘illegal’, insists Jack

Scottish Secretary Alister Jack has said that any Scottish independence referendum without Westminster approval would be “illegal”.

The Conservative minister was speaking amid reports that the SNP could move to hold another vote on the nation’s future before the end of this year.

The legality issue has been raised following the SNP’S publication of an 11-point road map towards a second referendum.

The blueprint said that if the party was in government after the Holyrood election in May, it would request a Section 30 order from the UK Government to hold the vote, in the same way it did before the 2014 poll.

But it would also introduce and pass a Bill in the Scottish Parliament to begin making arrangements for the vote to be held, after the pandemic.

The Scottish Government would then challenge the Westminster administration to either grant the Section 30 order, or agree that Holyrood already has the powers to hold its own vote, or to try to block it in the courts.

Questioned about the document on the BBC yesterday, Mr Jack said: “On that 11-point plan, which I’ve read – I mean, I don’t see 11 points in it, which is the first point I’d make.

“It seems quite muddled in its thinking.

It says when the pandemic is over – well, that’s a viewpoint.

“And it doesn’t make it clear at all whether it is a legal or an illegal referendum.”

On a vote without a Section 30 order, the Scottish secretary added: “I’m afraid the constitution is a reserved matter. It would be an illegal referendum, let’s be clear about that.”

The Sunday Times had earlier reported comments from an online discussion in which Constitution Secretary Michael Russell signalled that it was possible that a referendum could be held by Christmas.

He said it was “impossible to say” when it would be, but “best practice for referendums suggests that six months should expire between the legislation and the referendum”.

The newspaper said that the legislation could be passed in June, paving the way for a 2021 vote.

It says when the pandemic is over – well, that’s a viewpoint

Scottish Secretary Alister Jack has warned the SNP.