Joanna Cherry QC suggests Lord Advocate refer independence bill to Supreme Court
Reading time: 1 minute
Joanna Cherry
The Lord Advocate should test the constitutionality of an independence referendum held without the permission of Westminster by referring any enabling legislation to the Supreme Court, Joanna Cherry QC has suggested.
Writing in The Times, Ms Cherry said that James Wolffe QC should “proactively” refer questions about a bill to the court, as law officers in Wales and Northern Ireland have done.
“If they found the bill to be within competence, then the legality of the referendum would be beyond doubt,” she added.
“If they did not then I do not believe we would be any further back than we are now.
“I would expect the UK Supreme Court might have some comments to make about a constitutional stalemate which does not allow a second vote on independence when the Scottish parliament has voted to hold one, the party that wants one keeps winning elections and polls show the majority of Scots are in favour of holding a vote and in favour of independence.”
Prime Minister Boris Johnson has ruled out any vote while he is in power.
Share this article:
Subscribe to our newsletter to not miss articles like this one:
SUBSCRIBE
