Court of Session throws out Indy attempt

A case before the Court of Session on whether Scotland can hold a new independence referendum without Westminster’s consent has been dismissed as “hypothetical, academic and premature”.

Martin Keatings brought the case on behalf of the Forward As One group, asking it to rule the Scottish Parliament has the power to legislate for another vote.

During a two-day hearing last month, Aidan O’Neill QC, acting for Mr Keatings, told the court voters in May’s Holyrood election need to know if such action is possible.

But questions were raised by David Johnston QC, on behalf of the Advocate General, on the legal standing of Mr Keatings.

Lady Carmichael has now dismissed the case, ruling it as “plainly raised prematurely”, with the question of another referendum “hypothetical, and may never come to pass”.

Her ruling published yesterday said: “The defenders’ submissions on these matters all express in slightly different ways the underlying proposition that it is either not necessary, or not possible, for the court to provide this pursuer with the remedy that he is seeking.

“The action is, for these reasons, hypothetical, academic and premature, and the pursuer lacks standing to bring it.

“For the reasons given...I would have reached the same conclusion even if a draft Bill were available.

“It is, however, important that matters which may properly be the subject of political debate and campaigning in the democratic process are permitted to unfold and be worked out in the political process, and that the courts intervene only when they need to do so.”