The Scottish Government has been called upon to “clarify once and for all” whether it has the power to pass laws for a second referendum on independence in Holyrood.
A limited selection of legal advice was published on Tuesday after a long battle for freedom of information with the Scotsman newspaper, but the key question is whether the SNP government has been informed that a second independence referendum bill is within the Scottish Parliament’s remit. the disclosure.
Opposition parties in Holyrood condemned the “murky secret approach” after the limited publication was forced by a decision of the information commissioner, who said he had an “exclusive” public interest in revealing the council.
The two-page document shows that ministers have been told they can work on policies in preparation for a second independence vote and test an issue with the election commission.
The question of whether the SNP can legislate for a new referendum has worried constitutional experts since the party published its roadmap for a second vote in January 2021, stating how – if Westminster continues to refuse the necessary transfer of power to a legitimate vote – Holyrood will pass a law holding a referendum nonetheless.
This would cause an almost inevitable litigation to determine whether holding a referendum on the trade union census is a reserved issue and therefore outside the remit of Holyrood, likely to end up in the Supreme Court. But despite the Commissioner for Information’s decision, it remains unclear what legal advice the Scottish Government has received on the matter.
Scottish Labor spokeswoman Sarah Boyc welcomed the “rare victory for transparency”, but added: “This council leaves the big questions unanswered”.
“Another referendum is the SNP’s answer to every question under the sun, so the public should not remain ignorant of its legitimacy. The SNP has been pulling this circus long enough – it needs to be cleared once and for all, “she said.
“We cannot continue to waste time and energy stuck in a quagmire of constitutional disputes and cover-ups when people are struggling to make ends meet and our public services are at a tipping point.
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The Scottish Government argued that publicizing the council would violate the lawyer’s professional privilege after the Scotsman asked him for any legal advice from ministers or provided by the civil service on the subject of a second independence referendum, but the information commissioner agreed with the public. significant enough to overcome these concerns.
Scottish Information Commissioner Darren Fitgenry says the Scottish government’s decision to issue legal advice on Alex Salmond’s judicial review after significant cross-party pressure also demonstrates that there are exceptions when such advice needs to be published.
Scottish Conservative Secretary-General Donald Cameron said: “It’s good that the SNP was finally drawn to release this information, which they tried to hide from the public. However, this still leaves unanswered questions about how they plan to continue their efforts for a second separation referendum. The murky covert approach must end. “
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