‘Delay and delay and delay until the truth and reality finally have to come out’
that the Scottish Government does not have the power to stage a binding Indyref.’
Mr Bonnington has now called for ministers to be held to account for ‘wasting everyone’s time and money’ in planning for another independence referendum that he says they have no legal power to hold.
He told the Scottish Daily Mail there could be a case for accusing the Government of delict – a deliberate or negligent breach of a legal duty – if it is wasting public money on referendum plans ministers know to be pointless.
Mr Bonnington said: ‘If they have deliberately gone ahead and dragooned civil servants into working on another independence referendum, knowing the whole exercise was useless because the legal advice tells them they don’t have the power, then clearly that is wasted money and ministers should be held to account.’
He added: ‘From a legal perspective, it’s dead simple.
‘The Scottish Government cannot hold a binding referendum and I would be amazed if there is a lawyer in the land who would tell them otherwise.
‘It seems to be the SNP’s policy to delay and delay and delay until the day that the truth and reality finally has to come out.
‘They are just wasting everyone’s time and money.’
Miss Sturgeon insisted last week that she still planned to hold a second independence referendum in 2023 and that work was ‘under way’ – despite Westminster rejecting any bid for a legally binding referendum.
But ministers have repeatedly refused to hand over advice given to them by lawyers on whether their vote would be legal.
Scottish Information Commissioner Daren Fitzhenry has now ruled that disclosing the legal advice would ‘significantly enhance public debate on this issue’, despite the Scottish Government’s attempt for secrecy.
The Scotsman newspaper successfully challenged the SNP administration’s refusal to release the legal advice, with the commisindependence sioner ordering it to be published by June 10.
The Scottish Government has failed to confirm whether it would obey the order, saying only it is ‘considering its terms’.
In his ruling, Mr Fitzhenry said: ‘Given the fundamental importance of Scotland’s future constitutional relationship to all individuals living in Scotland, and its fundamental importance to political and public debate at the time of the request and requirement for review, the commissioner is satisfied that disclosing this information would significantly enhance public debate on this issue.’
He added: ‘While the ministers have expressed concern that disclosure of legal advice in this case would have the effect of future legal advice being more circumspect or less effective, the commissioner acknowledges the point made by the applicant that the ministers’ own decision to disclose legal advice relating to the Alex Salmond case has already created such an environment.’
Mr Bonnington described the commissioner’s ruling as a victory for transparency.
He added: ‘It’s highly relevant for the public to know whether the SNP is just talking pie in the sky about whether they can hold another referendum because it’s pretty clear the Westminster Government is not giving permission.’
Mr Ross said: ‘This is a devastating rebuke to the unacceptable culture of secrecy at the top of the SNP Government.
‘The advice given to ministers on the legal validity of a second referendum is demonstrably in the public interest and the information commissioner is right to rule that withholding it was unlawful.
‘If the SNP are going to devote large sums of public money deploying civil servants to work on a divisive referendum that the majority of Scots don’t want, we are entitled to know the legal advice they have been given.’ Labour MSP Sarah Boyack said: ‘The public have a right to see this information about their future and the SNP must release it right away. But, more importantly, they must stop wasting time, energy and money on this separatist distraction.
‘People in Scotland need their Government to be focused on recovering from the pandemic and tackling the cost of living crisis – not tying themselves in legal knots in an attempt to hide the holes in their case for a divisive referendum.’
A Scottish Government spokesman said: ‘We have received the decision from the Scottish Information Commissioner and are considering its terms.
‘However, we are clear that the Scottish Government has acted lawfully in its application of freedom of information legislation.’
SCOTLAND ‘Wasting time and money’