THE SNP is to submit an application to intervene in the Scottish Government’s Supreme Court case on an independence referendum.
The party’s national executive committee (NEC) unanimously agreed the decision on Saturday – on the recommendation of leader Nicola Sturgeon.
The SNP’s ruling body said the party has the “legal standing” to put forward its political case.
Lawyers are now being instructed to prepare the application and it is expected to be filed with the court in due course.
It comes as Lord Advocate Dorothy Bain QC (below) referred a prospective referendum bill to the UK Supreme Court to determine if it is within Holyrood’s powers.
The latest court document filed by Scotland’s top law officer said on Friday that the case for holding an independence referendum leaned heavily on the vote being “advisory”.
In a 51-page filing, the Lord Advocate argued the bill would not be “self-executing” and would have no real effect on the Union – which is reserved to Westminster – but would simply be to “ascertain the wishes of the people of Scotland on their future”.
The arguments are expected to be heard by the court on October 11 and 12.
READ MORE: Scottish Government submits written indyref2 case to Supreme Court - read it in full
Kirsten Oswald, the SNP’s business convener, welcomed the reference to the Supreme Court.
She said: “It is important that there is clarity as soon as possible on whether or not a referendum without a Section 30 order is within the competence of the Scottish Parliament.
“That clarity will, we hope, pave the way for a referendum on October 19 next year, and this is what the SNP is actively planning for.
“Given the importance of this case to the future of Scotland, the NEC has decided that it is appropriate for the party to make an application to intervene.
“The NEC wishes to give full support to the argument that an advisory referendum is within the power of the Scottish Parliament, and also make the case that Scotland has a right to self-determination, which – as things stand with Westminster’s democracy denial – can only be upheld through legislation in the Scottish Parliament under its current powers.”
The SNP will be able to put forward its political case if the application is approved.
Oswald continued: “As the largest independence-supporting party – which has won every election in Scotland in the past decade – we consider that the SNP has legal standing to represent the interests of the very significant proportion of the population who support Scotland becoming an independent country.
“We also have an important perspective on the legal issues that the court will consider and, in particular, the importance of these matters being decided in a way that upholds the right of the people of Scotland to have their say and express their democratic will.
“Whether or not to grant the application is, of course, a matter for the court.”
Why are you making commenting on The National only available to subscribers?
We know there are thousands of National readers who want to debate, argue and go back and forth in the comments section of our stories. We’ve got the most informed readers in Scotland, asking each other the big questions about the future of our country.
Unfortunately, though, these important debates are being spoiled by a vocal minority of trolls who aren’t really interested in the issues, try to derail the conversations, register under fake names, and post vile abuse.
So that’s why we’ve decided to make the ability to comment only available to our paying subscribers. That way, all the trolls who post abuse on our website will have to pay if they want to join the debate – and risk a permanent ban from the account that they subscribe with.
The conversation will go back to what it should be about – people who care passionately about the issues, but disagree constructively on what we should do about them. Let’s get that debate started!
Callum Baird, Editor of The National
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules hereLast Updated:
Report this comment Cancel