TOP lawyers have been tasked to re-examine whether Scotland has a right to self-determination in an attempt to challenge the Supreme Court’s indyref2 judgement, The National has learned.
An Alba source has said the party has commissioned two experienced KCs and a top-flight London law firm to examine Scotland’s ability to invoke its right to self-determination under international law to push for a second referendum.
It was an argument summarily dismissed by the Supreme Court in its judgment last year on whether Holyrood could hold an independence referendum without Westminster’s consent.
But Alba said Scotland should not “just accept” the decision of the court and insisted it must be challenged.
'Top people - and not cheap'
A party source told The National Alba had hired expensive lawyers in a bid to open the ruling up to challenges.
The source would not specially identify those who had been contracted to carry out the work saying the party intended to keep the experts’ findings under wraps to be used “strategically” at a later date.
READ MORE: 'No desire' in Scotland to rejoin the EU, Scottish Secretary claims
They said: “We’ve commissioned legal opinions from both UK-based cases and also international lawyers that have brought forward cases to international courts before to see what the possibilities are for Scotland on the back of the Supreme Court decision.
“We’ve got a KC’s opinion looking at what the domestic options are, we’ve also went to a top firm in London in terms of the international options.
“They’re top people – not cheap. We’re lucky that we’ve got a lot of members who continue to pay a lot in subscriptions and give us a mandate.”
The party is looking at exploring options which might avoid the de facto referendum option put forward by the SNP following the Supreme Court defeat – which has been criticised by senior figures within in the party.
READ MORE: BBC blunder sees Scots Tory leader Douglas Ross completely mislabelled
The First Minister has also expressed reservations about the strategy but has previously indicated she views it as the Yes movement’s best option for a speedy route out of the UK.
The source added: “We’re investigating what other options there are to counter the Supreme Court’s position.
“We don’t want to disclose opinions until we decide how we’re going to strategically [use them].
“Obviously the Greens and the SNP are in government, they’ve said their strategy is a de facto referendum – they seem to be going out of their way to undermine their own strategy, so someone’s basically got to put on a plate for them an option that we can build people in Scotland around it.”
READ MORE: Scottish distillery signs major supermarket deal in first for Outer Hebrides
The Supreme Court ruled late last year that the UN definition of the right to self-determination did not apply in Scotland as it did in post-colonial countries.
The unanimous judgment read: “The principle of self-determination is simply not in play here”.
It comes as Alba leader Alex Salmond delivered a speech at L’Institute D’Études Politique De Rennes in the French city on Wednesday, in which he stressed his belief that Scotland’s right to self-determination was being undermined by the Union.
He said: “Scotland’s claim of right to nationhood and self-determination will prove stronger than the undemocratic death agonies of this British rogue state.”
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