Scottish Government can hold Indyref (says Scottish Government!)

NICOLA Sturgeon does not need Westminster’s approval for a legal independence referendum, claim official Scottish Government documents.

The First Minister – backed by a Scottish parliament vote – wants another poll, even though Prime Minister Theresa May has declared: ‘Now is not the time.’

The SNP leader has not said how she will drive Indyref 2 forward – but says she will make a statement after Holyrood’s Easter recess.

However, senior SNP figures say that Miss Sturgeon may call her own referendum without Mrs May’s approval, pointing to previous Scottish Government advice.

The consultation document Your Scotland – Your Referendum was published by Alex Salmond’s government in 2012.

It states: ‘The Scottish parliament has the power to legislate for a referendum as long as that would not change any reserved law or relate to those aspects of the constitution which are reserved by the Scotland Act 1998.’ Senior Nationalists say that view has not changed.

In a radio interview yesterday, Miss Sturgeon apparently ruled out two other widely discussed options – a snap Scottish election to reinforce her authority on a referendum, or a legal challenge.

She said: ‘These sort of scenarios are not the ones I am thinking [of], but I do have an idea of how I progress the will of parliament.’

Much of the debate centres around the need for a Section 30 agreement. Before the 2014 vote, Alex Salmond and David Cameron signed the Edinburgh Agreement, officially devolving power to Holyrood to stage the poll.

However, the 2012 documents mean Miss Sturgeon may decide another agreement is unnecessary. One SNP figure said: ‘It’s not an absolute requirement. If the Scottish parliament’s Presiding Officer deemed a Referendum Bill within the competence of parliament, it would have already passed the legal test.

‘If Nicola took the view that a Bill could be introduced, that would bolster the status of that legislation to further legal challenge.’

Another source said the Scottish Government could still seek a Section 30 deal – but at the end of the process, rather than the start.

The source said: ‘The nuclear option would be to hold a referendum without consent. There’s nothing to stop her doing that. But if I was the Conservative Party, I would say that’s an illegal referendum.

‘She could go for a reverse Section 30. Start the legislation towards having a referendum, then seek a Section 30 at the end of the process. You still need agreement from the UK Government to legitimise the outcome, but you could get a lot of work done and call it a lot earlier. I would say that is most likely.’

Scottish Labour leader Kezia Dugdale said: ‘People across Scotland will be rolling their eyes at a First Minister who only has one answer to every question – another divisive referendum.

‘Her behaviour is bordering on gross negligence.’

Scottish Tory constitution spokesman Adam Tomkins said: ‘Nicola

‘Section 30 not an absolute requirement’

Sturgeon should be focusing on what’s actually important to people. But it seems she would rather indulge in yet more niggling on independence.’

A spokesman for the First Minister said: ‘We agree with the Prime Minister that now is not the time for a vote, but if the UK Government’s intention is to try to indefinitely block a referendum, that would be utterly undemocratic.’