SNP may go to court to force new Scots vote
●Downing Street uses the Queen’s Speech to reject demands for indyref2 ●Mike Russell says legal action ‘cannot be ruled out’ if referendum blocked
The Scottish Government warned that a court challenge over the right to stage an independence referendum “cannot be ruled out” as a repeat of the 2014 vote was effectively vetoed in the Queen’s Speech yesterday.
Nicola Sturgeon said she will “cross that bridge” when she reaches it as she was questioned about the prospect of a legal challenge, with Scottish ministers stepping up the pressure on Prime Minister Boris Johnson to grant a Section 30 order to allow Holyrood to hold a vote on leaving the UK.
The SNP leader, who will make a keynote speech to her party’s autumn conference in Aberdeen today, insisted that Scots would vote for independence by a “significant margin” if another referendum was staged.
Ms Sturgeon is to seek a Section 30 order from Westminster in the coming weeks, but this was again rejected by the UK government, which has control over the constitution.
The Scottish Government insists this position is “unsustainable” but has rejected holding an unauthorised “wildcat” referendum.
However, the UK Supreme Court recently stepped in to block the UK government’s attempt to prorogue Parliament and Constitution Secretary Mike Russell hinted that a changing atmosphere towards involving the courts in politics may see them asked to judge on the Scottish referendum issue.
He said: “I do think we’re seeing an interesting period. For a long time it appeared constitutional jurisprudence wasn’t something that we tended to rely on.”
“Now we’re beginning to see the development of certain things taking place, so I don’t know. It cannot be ruled out.”
The nationalist movement in Quebec tried to seek independence through international law but the case was rejected by Canadian courts.
But Mr Russell hinted there may be a difference in going to court to seek a
referendum, rather than independence itself.
“There is a difference between the right to selfdetermination and the right to secession.”
He added: “I think we’ve moved into a different time, there are different currents flowing here. I don’t know.”
And Ms Sturgeon did not rule out a legal challenge when questioned about this.
“I’m going to take things step by step,” she said when asked about a possible legal challenge on BBC Radio Scotland’s Good Morning Scotland yesterday.
“If and when we reach that bridge I will come and talk to you and set out how I intend to cross it.”
Asked again whether a legal challenge was an option, she added: “I’m not going to get drawn into options or speculate about what might happen in the future.”
She insisted that her “plan A” for a legally binding referendum, which follows the precedent of the Edinburgh Agreement signed by David Cameron and Alex Salmond, which paved the way for the 2014 vote, is the way to proceed.
“It’s the one that is best capable of delivering independence,” she said.
Polling evidence suggests Scots are split down the middle on independence but Ms Sturgeon believes she can win a resounding victory if Scots are asked again about leaving the UK.
“I believe this will be the case. I can’t sit here and prove it to you now, but when Scotland comes to take this decision again, Scotland will vote by a significant margin to be an independent country.”
The First Minister would not rule out the prospect of a “hard border” with England if an independent Scotland rejoined the EU and the rest of the UK left the Brussels bloc. Mr Russell admitted yesterday that such a decision on borders would be down to the EU’S rules.
“There will be issues that will confront us as an independent country which we will have to recognise and respond to,” he said.
“The issue of the relationship between countries and borders between countries, of course, will be an issue.
“But it will be governed by our membership of the EU, that is the important issue. Just as Ireland’s relationship with the UK will be governed.”
Ms Sturgeon wants to hold a second referendum at the end of next year but Downing Street yesterday rebuffed the Scottish Government’s call for a second Scottish independence referendum next year, using the Queen’s Speech to underline its opposition to granting the powers for another vote on Scotland’s future.
The Prime Minister’s spokesman said that the 2016 referendum was “once in a generation”.
Presenting the Government’s programme in Parliament, the Queen said the “integrity and prosperity of the Union that binds the four nations of the United Kingdom is of the utmost importance”.
The Government said that the people of Scotland had voted decisively to remain part of the United Kingdom and “we will respect this”.
Shortly before the Queen addressed parliamentarians from both Houses in the Lords, the Prime Minister’s spokesman said: “The Prime Minister has set out his views in relation to an independence referendum. The last vote was described as once in a generation.”
Ms Sturgeon will tell delegates at her party’s conference today that an independent Scotland would be uniquely placed to act as a bridge between the UK and the EU, making the country a “magnet for global investment”.
She is expected to say: “Scotland is rich enough, strong enough and big enough to take our place among the proud, independent nations of the world.
“But we must reject a postbrexit race to the bottom and embrace instead a race to join the top tier of independent nations.
“And consider this – as an independent European country, Scotland will have a unique advantage.
“We will be in the EU single market and also the closest neighbour to our friends in the rest of the UK – a bridge between the EU and the UK, making our country a magnet for global investment.
“That’s what I call the best of both worlds.”
Scottish Conservative chief whip Maurice Golden called on Ms Sturgeon to focus on domestic issues.
“People are sick of hearing Nicola Sturgeon’s empty promises and grand delusions – all of which are predicated on her selfish desire for a legacy.
“They want to know about the here and now, and an explanation for 12 years of SNP failure.
“Education, health, justice and the economy are all in a desperate state on Nicola Sturgeon’s watch.
“It’s no wonder the only thing she wants to talk about is separation.”