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Scottish independence: Martin Keatings IndyRef2 legal case was a sideshow

By Scott Crichton Styles Updated: May 4, 2021, 2:43 pm © Andrew Maccoll/Shutterstock At some point between 2021 and 2023 it is almost inevitable that Holyrood will pass a bill to hold IndyRef2, writes Scott Crichton Styles Sign up for our daily newsletter featuring the top stories from The Press and Journal. Thank you for signing up to The Press and Journal newsletter. Something went wrong - please try again later. Sign Up Does the Scottish Parliament have the power to legally authorise a second referendum on Scots independence without first obtaining the consent of the Westminster Parliament? Through an order made under section 30 of the Scotland Act 1998, Westminster granted permission for a Scottish independence referendum (ultimately held in 2014) as part of the 2012 Edinburgh Agreement. But Boris Johnson’s current government has repeatedly stated it will not agree to ‘IndyRef2’.

Explainer-Scotland s difficult route to another independence referendum

Explainer-Scotland s difficult route to another independence referendum
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Lawrie McFarlane: Why it doesn t make sense for Scotland to separate

To date, the Scottish National Party has twice asked the U.K. parliament to agree on a second referendum. Former prime minister Theresa May said no the first time. Current Prime Minister Boris Johnson said no the second time, calling a referendum “a once in a generation event.” Yet it’s not quite that simple (it never is when the Scots and Sassenachs are at each others’ throat.) As Britain’s Institute for Government puts it, “Under the Scotland Act 1998, the Scottish Parliament is not allowed to pass legislation relating to matters “reserved” to Westminster, including ‘the Union of the Kingdoms of Scotland and England’. This is widely interpreted to mean that any referendum relating to Scottish independence would require Westminster approval. However, the matter has never been tested in court, so there remains some uncertainty about whether Holyrood could hold an advisory referendum without consent.”

Scottish independence: Who needs a section 30 order, anyway?

Scottish independence: Who needs a section 30 order, anyway?
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