I do wish Brian Taylor would stop saying “it’s quite clear” that the power to hold a referendum resides at Westminster because that simply isn’t the case. The weight of legal opinion is that the Scotland Act is open to a different interpretation. #indyref2
If Holyrood passed a bill to hold a referendum it would be up to the UK Govt to challenge its competency & the @UKSupremeCourt would decide if it was competent. If they held that it was then you would have a “legal” referendum which might be hard to boycott
I’m not suggesting that this is a magic bullet. As @AileenMcHarg has pointed out the U.K. Govt could retaliate by retrospectively amending the Scotland Act to put beyond doubt that Holyrood could not hold a referendum
They have the majority to do that but I can’t see such behaviour being well received in Scotland and it would be a tacit admission that they were unsure of their position & prepared to curtail devolution further to thwart democracy
My point is that having Holyrood pass a bill to hold a referendum could be part of a multi faceted strategy to move away from the current impasse & stop this constant talk about #Section30 & seeking “permission” to act from Westminster
Also my point is this course of action should not be so lightly dismissed by commentators despite the legal arguments. Ultimately of course it’s for the FM to determine next steps & like everyone else I’m looking forward to her announcement on Friday
For those interested in the legal arguments see links below
