Law officer stays silent on indyref2 advice
● Lord Advocate says advice is privileged ● Sturgeon adviser in ‘softest indy’ call
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.