Scottish Independence Referendum (Authorisation)

– in the Scottish Parliament on 23rd January 2019.

Alert me about debates like this

Photo of Mike Rumbles Mike Rumbles Liberal Democrat

3. To ask the Scottish Government what the Lord Advocate’s position is on its competency to authorise another referendum on Scottish independence without another section 30 order. (S5O-02801)

Photo of Graeme Dey Graeme Dey Scottish National Party

By long-standing convention, the content of any legal advice received by the Government is confidential.

Photo of Mike Rumbles Mike Rumbles Liberal Democrat

What a poor response that was. In the spirit of openness and transparency, which the Parliament prides itself on, does the minister agree that, just as the Scottish ministers demanded that the United Kingdom Government publish its legal advice on Brexit and it was published, the Lord Advocate’s advice on an independence referendum should be published by the Scottish ministers? I see that the Lord Advocate is present in the chamber. It would have been helpful if he had given us the benefit of his advice.

Photo of Graeme Dey Graeme Dey Scottish National Party

Presiding Officer, in the spirit of your oft-repeated plea that ministers and members should avoid extending such exchanges unnecessarily, I refer the member to my previous answer. However, in so doing, I point out that the convention that I referred to is so long standing that it goes all the way back to when the Lib Dems were part of the then coalition Executive. Of course, that was quite some time ago, which is perhaps why the existence of the convention has slipped from Mr Rumbles’s memory.

Photo of Adam Tomkins Adam Tomkins Conservative

Is it the Scottish Government’s view that the Parliament could lawfully pass legislation authorising an independence referendum without a section 30 order—yes or no?

Photo of Graeme Dey Graeme Dey Scottish National Party

I have to refer the member to my earlier answer.