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The SNP government told a court that indyref2 is not imminent as they argued against attempts by an activist to test whether Holyrood can go ahead without permission from London.
Legal documents reveal that Scottish ministers and the Lord Advocate, the country’s top legal official, said it would be inappropriate for Martin Keatings to pursue the challenge because he is not an MSP.
The development, revealed in documents seen by The Times newspaper, raised questions about whether the SNP is withholding a challenge for after the upcoming Holyrood election in May.
In a joint submission to the Court of Sessions, Scotland’s highest civil court, the Scottish ministers and the Lord Advocate argued: “No member of the Scottish Parliament has tabled a bill to legislate for a referendum on independence Scottish without such an agreement.
“It is not for the persecutor to try to put himself in the shoes of those parliamentarians.”
They added: “There is no imminent decision for members of the Scottish Parliament as to which of those MPs needs the assistance of the court. No bill has been tabled in the Scottish Parliament on a referendum on Scottish independence and there is no vote imminent. “
The UK government went further in its presentation by arguing that an independence referendum is beyond the control of the Scottish Parliament.
The proposal to ask Scots again if they want to leave the UK is central to the SNP’s re-election campaign. But there is tension over how quickly, and by route, to bring the referendum to the people.
Prime Minister Boris Johnson has so far refused to consider the idea, leaving Holyrood in a delicate position. Some argue that the MSPs could keep one anyway, pressuring Westminster to accept a possible Yes outcome. Others say it must be legally watertight like the referendum ballot agreed between Alex Salmond and former Prime Minister David Cameron in 2014.
In a statement to the Times, Keatings said: “His reasons for withdrawing remain a mystery. Any questions in this regard should be directed to the Scottish government.”
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