DOUGLAS Ross has said the Lord Advocate should stop Nicola Sturgeon from bringing forward legislation in Holyrood to hold a second independence referendum.
The Scottish Conservative leader insisted it was not in the Scottish Parliament’s power to pass a referendum bill, saying responsibility for constitutional issues was reserved to Westminster.
He said the Lord Advocate, who provides legal advice to the Scottish Government and is a member of the Cabinet, should block any attempts to bring forward such legislation.
Ross spoke out amid speculation that the UK Government could go to court to stop the newly re-elected Scottish Government from holding another referendum.
The First Minister has argued that such a move would merely highlight the “lack of respect for Scottish democracy that this UK Government has” after Scots voted for a majority of MSPs who support independence.
In her victory speech on Saturday, Sturgeon said people in Scotland voted for a second independence referendum, declaring it is the “will of the country” that there should be one after Scots returned 64 SNP MSPs and eight Green MSPs – giving the pro-independence parties an overall majority at Holyrood.
Ross was speaking to journalists yesterday after his party saw 31 MSPs elected in Thursday’s Holyrood election, making them again the main opposition to the SNP.
He said: “If the Lord Advocate does not believe something is within the competence of the Scottish Government or the Scottish Parliament he is there in his dual role as both the most senior legal adviser to the First Minister and the Scottish Government, and of course a member of the Scottish Government Cabinet.
“His role, or whoever is in that position if there is any change, is absolutely crucial.
“And of course they have a Scotland Act to base their decisions on in terms of competency in what the Scottish Government can and cannot do.”
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The Tory leader and MP, who was elected to Holyrood on Thursday, continued: “Let’s look at the Scotland Act and what the Scottish Government have within their own competencies.
“And I think currently Nicola Sturgeon is jumping many steps ahead.”
He insisted: “It is not within the competency of the Scottish Parliament to hold another independence referendum.
“In 2014 we had the gold standard, which was one which had secured a Section 30 order.
“And I would expect the holder of the office of Lord Advocate to uphold the competency of what the Scottish Government can and cannot do.”
He said the Prime Minister will reject any request by the newly-elected Scottish Government to hold a second referendum on agreed terms in the new parliamentary term.
It is not known when the First Minister will make her new request to Johnson for a Section 30 order.
She has said she hopes to hold a referendum by the end of 2023 and her preference is to do so with the agreement of the UK Government, following the same process which paved the way for the 2014 vote.
However, her plan is to stage a vote anyway using Holyrood powers should the Prime Minister fail to agree to a new referendum.
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