Plea for certainty soon on indyref legality

Judges should rule on whether Scotland can hold a second independence vote without Westminster’s consent before the Holyrood election so people do not have to vote “in ignorance”, a court has heard.

Appeal judges are hearing a case brought by Martin Keatings on behalf of the Forward As One group, asking the court to declare the Scottish Parliament has the power to legislate for another referendum.

After a hearing in January, Lady Carmichael dismissed the case, ruling it was “plainly raised prematurely” and the question of another referendum was “hypothetical, and may never come to pass”.

At an appeal hearing at the Court of Session yesterday, Aidan O’Neill QC, for Mr Keatings, said it was clear that Holyrood could legislate for an independence referendum.

He said the Scottish Government has now published a draft Bill for a second vote and Constitution Secretary Mike Russell has said the Bill will be introduced if the SNP win a majority in May.

Mr O’Neill called on the court to make its decision before the May 6 election so voters can make an informed choice. He stressed that Mr Russell believed a Bill to be within Holyrood’s legislative competence, adding: “So what that means is that there is a real issue for this court to determine – is he right or is he wrong on that?

“Voters need to know, because the voters have to determine whether to cast their votes on the basis of that claim being accurate or not.

Lord Carloway, Lord President of the Court of Session, pointed out the court has other cases on its rolls and it should not be assumed it could do as suggested.

He ended proceedings with a decision due “as soon as we can”.