The Scotsman

Law officer stays silent on indyref2 advice

● Lord Advocate says advice is privileged ● Sturgeon adviser in ‘softest indy’ call

- By SCOTT MACNAB

Scotland’s top law officer has refused to reveal if Nicola Sturgeon has sought his legal advice on holding a second referendum on Scottish independen­ce.

Lord Advocate James Wolffe told Liberal Democrat Mike Rumbles it would “not be appropriat­e” even to say whether such advice has been asked for.

It came as a key economic adviser to Nicola Sturgeon called for the “softest of all” forms of independen­ce in order to win a Yes vote. Andrew Wilson, who penned the recently revised economic blueprint for an independ- ent Scotland – the Sustainabl­e Growth Commission – says this is the way to “win big.”

The row over legal advice has prompted Mr Rumbles to write to Holyrood’s standards committee calling for an overhaul of parliament­ary rules to force the minister to answer such questions. The refusal has prompted anger because the SNP had been calling for Theresa May to release her legal advice on Brexit.

Ms Sturgeon has pledged to set out her plans for a second vote on Scotland’s future in the UK in the coming weeks. The prospect of a “wildcat” vote being held without authority from Westminste­r – which has control over the constituti­on – was at the centre of Mr Rumbles’ inquiries. The Scottish Government has already refused to answer this and Mr Rumbles sought answers from the Lord Advocate, who is also a government minister.

But he has told Mr Rumbles in a response this week that such advice is “privileged and confidenti­al.”

“It would not be appropriat­e for me to disclose whether I have advised or might advise the Government on the matters identified in your letter,” the Lord Advocate added.

Mrrumblesh­asnowwritt­en to the Scottish Parliament’s standards, procedures and public appointmen­ts committee to ask them to consider changes to standing orders to allow MSPS to get answers to simple questions, including making it easier for the Lord Advocate to respond to MSPS.

“The SNP worked alongside Liberal Democrats when we successful­ly pressed the UK government to release their Brexit legal advice,” Mr Rumbles said.

“People will wonder why the SNP government are refusing to put their own independen­ce plans through the same openness test.”

Mr Wilson spoke out yesterdat after the pro-independen­ce campaign faced increasing­ly awkward questions over the practicali­ties of leaving a centuries old union, in light of the turmoil engulfing the UK over its looming departure from the EU.

But he said: “In the parlance of Brexit, we offer the softest of possible changes to the current arrangemen­ts, not the hardest,” he said.

“We recognise the level of integratio­n and all the ties that have bound us for centuries. We create a platform that can unify a majority for progress that stands a chance of winning and winning big.” His comments have prompted criticism from Scotland in Union chief Pameal Nash, who insisted there is “no such thing” as soft independen­ce.

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