LABOUR is demanding the Lord Advocate delivers an urgent statement tomorrow before Holyrood goes into recess after claiming the Scottish Government has “left the big questions unanswered” over its independence plan.
Yesterday, the First Minister told MSPs that Lord Advocate, Dorothy Bain, has asked the UK Supreme Court for a view on her plans for Holyrood to hold its own referendum on independence.
Ms Sturgeon published a draft bill saying the vote would be on 19 October 2023, but did not introduce it to parliament as there was a question mark over its legislative competence.
Rather than try to pass it and wait for the UK Government to refer it to the Supreme Court for a ruling, she said the Lord Advocate has decided to refer it in advance for a ruling.
The First Minister said that “some weeks ago”, she asked the Lord Advocate “to consider exercising her power under paragraph 34 of schedule 6 to the Scotland Act 1998 to refer to the Supreme Court the question whether the provisions in the bill relate to reserved matters”.
She said: “That power is exercisable by the Lord Advocate alone, not by the Scottish ministers collectively. Accordingly, whether she exercises it is a matter solely for her.”
Speaking yesterday, Ms Sturgeon added: “The Lord Advocate has agreed to refer the provision in the bill to the Supreme Court.
"Indeed, as I speak, the process is under way for serving the requisite paperwork on the UK Government by lawyers and messengers-at-arms, and I confirm that the reference will be filed with the Supreme Court this afternoon.
“As I have made clear throughout, this Government respects the rule of law. However, by asking the Lord Advocate to refer the matter to the court now, rather than wait for others to do so later, we seek to deliver clarity and legal certainty in a timely manner and without the delay and continued doubt that others would prefer.”
Now Scottish Labour have called for an urgent statement from the Lord Advocate before Parliament goes into recess on Thursday.
Scottish Labour have written to the Lord Advocate requesting this statement in light of her significant role in yesterday’s announcement and what Anas Sarwar’s party claimed was the ongoing ambiguity over her view on the legality of this bill.
Scottish Labour business manager, Neil Bibby, said: “Yesterday’s statement left the big questions unanswered, with the First Minister refusing time and time again to give any real clarity.
“That’s why I have written to the Lord Advocate to urge her to come before Parliament and answer questions, so we can shed some light on her views, decisions and role in this.
“Since the Supreme Court haven’t started considering this case, sub judice rules do not apply and there is therefore nothing to stop the Lord Advocate coming before parliament and answering our questions.
“The SNP Government can always find parliamentary time for their announcements, but when it suits them they hide behind procedure to avoid accountability.
“The Scottish Parliament is not Nicola Sturgeon’s soapbox – the SNP must support our attempts to deliver proper scrutiny and oversight of their decisions.”
In his letter, Mr Bibby said: “There are number of questions members wish to ask on behalf of our constituents about the legal process that the First Minister has asked you to pursue.
“The First Minister was right to draw attention to your independent role as a law officer and I know from speaking with many members that we would be grateful for the opportunity to hear from you directly on this issue.
“I hope you are in a position to accommodate this request.”
Scottish Conservative shado constitution Secretary, Donald Cameron, said: “It's absolutely critical that we hear from the Lord Advocate as soon as possible. MSPs must be allowed to ask questions about the Scottish Government's legal position relating to their proposed independence referendum.
“This is a matter of national importance given the very serious legal issues arising. We have to hear from the Lord Advocate urgently – and definitely before Holyrood breaks for the summer.
“That is precisely why I questioned the First Minister on this topic yesterday and why I raised a point of order in parliament today on this issue.
“In addition, my colleague Stephen Kerr is also calling for a statement from the Lord Advocate.”
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