James Wolffe

Mike Rumbles, Liberal Democrat MSP for North East Scotland, has written to the top legal officer to ask him to set out his position on “the competency of the Scottish Government to authorise another referendum without another section 30 order”.

The 2014 referendum was held after the UK and Scottish governments concluded the Edinburgh Agreement, under which they agreed to promote an Order in Council under section 30 of the Scotland Act 1998 to provide a clear legal basis for the referendum.

First Minister Nicola Sturgeon wrote to Prime Minister Theresa May in March 2017 to “begin early discussions” on a new Order under section 30, but was knocked back.

In the letter sent to Mr Wolffe yesterday, Mr Rumbles asked:

• What is your position on the competency of the Scottish Government to authorise another referendum without another Section 30 order?
• If the Scottish Government were to consider such a move, what advice would you give them?
• Have the Scottish Government asked for an update on legal advice in relation to conducting a second Scottish independence referendum with or without another Section 30 order?
• What would be the legal implications and likely consequences if the Scottish Government chose to hold a so-called ‘wildcat’ referendum without a Section 30 order?
• What the legal implications are of the Scottish Government instructing civil servants to work on plans for a second independence referendum without a Section 30 order?

Commenting, Mr Rumbles said: “The SNP were rightly on-board when it came to pressing the UK government to release their Brexit legal advice. It is most disappointing that they have not been as open with the Scottish public about their own plans.

“The Scottish government need to tell the public whether they are planning to hold another independence referendum without a section 30 order against the wishes of the Scottish public and whether the Lord Advocate thinks that’s legally sound.”