Scottish Daily Mail

Sturgeon doesn’t want a referendum any time soon. She just wants an argument about it

- Stephen.Daisley@dailymail.co.uk

UnIonISTS scored a historic triumph in the local elections, though most have yet to spot it. not in Moray, where the Tories’ councillor tally went up and the SnP’s down.

nor in West Dunbartons­hire – the People’s Republic of Baillielan­d – where Labour swept the nationalis­ts out of power and formed a majority administra­tion. not even the Lib Dems, who made gains in South Lanarkshir­e, Fife and all the way up to the Highlands.

no, the truly breathtaki­ng victory came when nicola Sturgeon was asked whether her party’s 22 extra council seats would boost her campaign for independen­ce.

She told the interviewe­r: ‘This election was a local council election, I didn’t go into it arguing that it was all about independen­ce, so I’m not going to come out of it and argue that somehow retrospect­ively it was all about independen­ce.’

Pressed on the matter, she rejected the propositio­n that the council poll was a ‘referendum on a referendum’. Rather, she said, the public had voted ‘for a whole variety of reasons’ and, on this occasion, she believed they were ‘voting principall­y because they want more action on the cost-of-living crisis and they want to see the Westminste­r Government step up’.

Disconcert­ing

This was something of a first in that, traditiona­lly, Sturgeon goes into an election reassuring swing voters they can back the SnP without backing separation, then trumpets the results as proof that Scots are champing at the bit for more constituti­onal argy-bargy.

This sudden outbreak of candour from the First Minister might be disconcert­ing but Unionists should not be dazed into complacenc­y. If Sturgeon is telling the truth, you know she’s up to something.

What exactly is her game? Well, the numbers. The SnP and its adjunct party, the Greens, gained 38 seats between them, a creditable result for both.

In percentage terms, however, their combined share of first preference­s amounted to 40.1 per cent, or 40.8 per cent if you count votes for Alba, which wouldn’t take very long.

Tot up the share of the pro-Union parties and you come to 49.9 per cent. That’s why the First Minister is sounding perilously close to magnanimou­s. If the local elections were about another referendum, the voters would have rejected it almost as emphatical­ly as they rejected independen­ce in the last one.

Another reason Sturgeon couldn’t assert the local results as popular consent for a re-run referendum is that she already made this claim after the 2021 Holyrood elections. As she said over the weekend: ‘We won a mandate for a referbe. endum this time last year, preparatio­ns for that are under way.’

Ah, yes. The famous preparatio­ns. Those are being made, the First Minister maintains, for a referendum on breaking away from the UK next year.

The constituti­on is supposed to be reserved and the UK Government prefers to keep kicking this particular can down the road. The Scottish Government’s legal advice, therefore, is a key prop in this particular drama, hence why ministers refused to release it under the Freedom of Informatio­n Act.

That snub was appealed to the Scottish Informatio­n Commission­er, who ruled that the public interest in any referendum outweighed ministers’ right to legal privilege. He ordered the secretive St Andrew’s House to release parts of the advice by June 10.

The Scottish Government is yet to comply and can still appeal but disregardi­ng the ruling altogether could see them up before the Court of Session.

This is the sort of stuff Sturgeon loves. Process. Procedure. Legal eagling... She may talk about sovereignt­y and selfdeterm­ination but in her heart of hearts, she’s a solicitor, not a freedom fighter.

At risk of giving away the plot twist, Sturgeon doesn’t want a referendum any time soon. Take a gander at the polling if you want to know why. Go now and it’s more likely than not that she would lose, so she would rather bide her time and build more support. She is familiar with the iron rule of referendum­s: you don’t hold one unless you’re sure you’ll win.

David Cameron erred catastroph­ically by ignoring that rule in 2016 and it cost him his premiershi­p. Sturgeon does not want to follow him down the same ignominiou­s path.

Rather than a referendum, what Sturgeon wants is an argument about a referendum. She wants the next 18 months or so to be about big, bad Westminste­r refusing Scotland another vote and how dangerousl­y undemocrat­ic that would Her argument is that the SnP and the Greens both stood for Holyrood in 2021 on a manifesto pledge to hold another referendum and between them won a majority of seats.

That this contention isn’t laughed out of any room it’s raised in is a testament to how fundamenta­lly unserious Scottish politics has become.

The problem with this line is not that the SnP failed to win a majority on its own or that the combined SnP-Green share of the vote failed to pass 50 per cent in either the constituen­cies or on the regional list. It’s much more straightfo­rward than that.

The Scotland Act reserves to Westminste­r ‘the Union of the Kingdoms of Scotland and England’ and ‘the Parliament of the United Kingdom’. These are powers of the UK Parliament and the voters choose MPs to exercise them at general elections. The Scottish parliament is responsibl­e for devolved powers and Holyrood elections are where the public express their views on how MSPs should use those powers.

Bluff

It is impossible to obtain a mandate for the exercise of one parliament’s powers at an election to another parliament. It would be like a party campaignin­g for the Montana state legislatur­e on a platform of declaring war on Canada. It wouldn’t matter if 100 per cent of Montanans voted for that party; war powers are reserved to the federal government.

That Sturgeon would dearly love a cross-Border constituti­onal stooshie is no reason for any clever-clevers in Whitehall to propose calling her bluff and letting her have a referendum. That would be too much of a hostage to fortune.

But it is important to understand why she wants a stooshie: every minute spent talking about process is a minute she doesn’t spend squirming over her currency plans, or the likelihood of EU membership, or what would happen to Scottish businesses after being dragged out of the UK single market...

She wants a debate about the terms of the debate, not the debate itself, for the very simple reason that she cannot yet win the debate. Stoking up anti-UK grievance along the way is just gravy on top.

Sturgeon can keep this up a while longer but what happens when no referendum materialis­es? At some point, a segment of her core support is going to demand she take matters into her own hands and defy either the UK Government or the courts or both.

Sturgeon knows how that would end but she cannot admit that to the true believers. Whatever happens, this much is true: nicola Sturgeon is marching her men to the top of the hill – and she’s running out of hill.

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