Illegal "Referendum"?

[ToraToraTora]

https://www.dailymail.co.uk/news/article-9179599/SNP-tells-Boris-Johnson-hell-need-LEGAL-action-wants-stop-second-independence-vote.html
Why is the SNP wasting effort and resources on pursuing an illegal "referendum" when they should be fighting the war on COVID-19 with the rest of the UK?

[ToraToraTora]

Wee Jimmy could find herself in the slammer like the Catalans that tried this in Spain.

[THECORBYLOON]

What would be the charge?

[ToraToraTora]

err ....well whatever holding an illegal referendum comes under.

[New Judge]

Those in Catalonia were convicted of sedition and misuse of public funds. Sedition is no longer a crime in the UK but misuse of public funds is. However, I don't see any prospect of prosecutions if the Scottish government do hold a referendum. They should just be allowed to get on with it so long as those taking part are clear it is not legally binding.

I think many Scottish people are fed up with MS Sturgeon and her antics and the result of any referendum may not be the foregone conclusion that many think it is. But if they must go, they must because I think more English than Scots are sick of seeing Ms Sturgeon on the telly spouting her anti-English rhetoric. Quite frankly Scotland has enough problems to deal with - which it does not seem too clever at resolving - without going through the undoubted disruption that independence will bring.

[THECORBYLOON]

There is the Referendums (Scotland) Act 2020. It "applies to any referendum held throughout Scotland in pursuance of provision made by or under an Act of the Scottish Parliament."

If the Scottish Parliament approves the referendum, it won't be illegal.

[ToraToraTora]

made me laugh last week when their chancellor delivered the budget moaning about then monety they get from England. PMSL! Where's it going to come from after "independence" then love!

[ToraToraTora]

TCL, read the article "Under the blueprint, Ms Sturgeon would demand that Mr Johnson agree to a 'Section 30' order that paves the way to a second independence referendum. " - section 30 was granted in 2014 for the "once in a generation" referendum. If they hold one without it, it'll be a straw poll.

[woofgang]

didn't I read somewhere she wanted to hold an "advisory" referendum? Doesn't that mean "If I like the results I will take notice of them and if I don't I won't!"

[ToraToraTora]

"The PM has pledged to refuse such a request. But for the first time, the SNP has said it will then hold an 'illegal' referendum, forcing Mr Johnson to make it legal or take the Scottish Government to court to stop it. " - so even the SNP accept it would be illegal, TCL.

[Bobbisox1]

the woman is obsessed in every way, she will fight the Govenment with all she's got whether it be right or wrong, she's a one wee one crusade !

[ToraToraTora]

woofgang 15:47, it's the EUSSR way!

[jim360]

It's perhaps a part of UK tradition, but I don't see that the Scots Parliament can grant itself power to hold a legally-binding referendum without a S.30 approval, which will presumably not be forthcoming. I think the Act cited above also fits into this: it gives the Scottish Parliament the power to hold a referendum in general, but (presumably deliberately) doesn't talk about specifically an Independence Referendum.

[THECORBYLOON]

"If they hold one without it, it'll be a straw poll." it would be a legal referendum still.

"so even the SNP accept it would be illegal, TCL."

Where's the quote from the SNP saying that? It's the word "illegal" that's in quotation marks, suggesting the writer disagrees or is doubtful.

[ynnafymmi]

All this IndyRef talk is just a diversion to deflect from the on-going civil war within the SNP between the Wee Burneyites and the definitely not guilty Alex Salmond,Salmondites.

[maggiebee]

Why are you all so worried about a second referendum in Scotland. From what I read, most of you would be glad to get rid of us as we seem to be such a drain on your resources. I know who the drain is and who his cronies are.

[pixie374]

Maggie, it doesn't bother me, but democracy and integrity does. Once in a generation...

[jim360]

A second referendum bothers me for more or less the same reason the first one did: it's simply the wrong decision to try and break up the UK, and both countries would be worse off because of it.

The "once in a generation" part doesn't bother me particularly, because it's legally and politically meaningless. Very often it's used as a threat, if anything: ie, it's meant along the lines of "if you do this there is no turning back." But democracies are always free to change their decisions; no electorate can ever be beholden to its predecessors, in the same way that no law can ever be passed in this country that cannot be overturned at any point in the future.

[ynnafymmi]

@16.03.Alec Salmond?

[Hopkirk]

If they go, they had better take their fair share of the national debt with them. No doubt Ms Sturgeon will say that is unfair.

[TrevorThePug]

maggiebee I'm with you on this.