TWO SNP MPs have signed affidavits formally supporting a landmark court case aiming to prove that Scotland does not need permission from Westminster to hold a second independence referendum.

Support from Kenny MacAskill and Angus MacNeil for the case – dubbed the People’s Action on Section 30 – was announced by indy and disability rights campaigner Martin Keatings, convener of Forward as One.

A Section 30 order, as granted by Westminster for the 2014 indyref, is seen as the gold standard for such a poll, but Keatings – and more than 10,000 supporters – contends that it is not required for the referendum to be within the law.

He told The Sunday National: “Governments propose laws, parliaments create laws, police enforce laws, the procurators fiscal prosecute under those laws.

“Only the court in its position of masters at law, equal in stature to parliaments and governments by design, has the power to interpret those laws.

“The idea advanced by some that challenging government and parliament on substantive questions of law should be the fiefdom of a select few in elected office is antithetical to the principle of representative democracy.

“The idea that it is not for 10,000 ordinary members of the electorate to stand in the shoes of parliamentarians is outdated, outmoded, and not fit for 21st century Scotland.

“If the people cannot ask reasonable questions about their own constitutional future to be fully informed of their rights and the powers of their own parliament, then the system would be fundamentally shattered.

“But such arguments are ultimately doomed to failure and I am pleased that on our side of the constitutional question, our parliamentarians are more progressive than those on the Tory, Labour and Liberal benches.

“There are parliamentarians who do still believe that their position exists to represent their constituents.

“There are parliamentarians who understand that it is right and proper for the electorate to be able to ask, and have answered, reasonable questions of law in substantive matters such as their own constitutional future.”

He added that the affidavits from East Lothian MP MacAskill and MacNeil, MP for Na h-Eileanan an Iar, had been lodged at the Court of Session.

A hearing on a motion on the case will be held on Tuesday before Lady Carmichael.

MacAskill said: “The SNP has a long and proud tradition of supporting campaigners and their court actions.

“From supporting the Plessey occupation and opposing the TSB privatisation both of which I was involved in through to more recent actions involving colleagues and relating to the UK Governments actions.

“As an election approaches and a referendum is a critical issue, clarity is required for members and electors. It should be established before the election whether a Section 30 is going to be granted or not, it should also be established before the election whether the Scottish Parliament has the competence to hold a referendum or not.

“If not, that would surely change the SNP’s ask of the people at a General Election and could turn the election into a plebiscite if all routes to a referendum are blocked.

“Therefore, this work by Martin Keatings is important in establishing, one way or the other, whether one of the possible routes to independence is legally open or not to the Scottish Parliament.”

MacNeil added: “It should be established before the election whether a Section 30 is going to be granted or not, it should also be established before the election whether the Scottish Parliament has the competence to hold a referendum or not. 

“If not, that would surely change the SNP's ask of the people at a General Election and could turn the election into a plebiscite if all routes to a referendum are blocked.

“Therefore, this work by Martin Keatings is important in establishing, one way or the other, whether one of the possible routes to independence is legally open or not to the Scottish Parliament.

“I am wholly in agreement with the view that some route must be found which is legal and constitutional but not blocked by either limited devolution or Westminster so that the Scottish people can decide on the matter of independence.

“There are at least three ways for our independence to be internationally recognised, Martin Keatings is pursuing one way but is it legal within the current devolved set up? To his credit this is what he is trying to establish.”