Sturgeon WARNED: Plan B for independence will ‘alienate’ EU – Supreme Court battle looms

Sturgeon : Election is ‘referendum on referendum’ says expert

The Scottish Government has repeatedly said a pro-independence majority in Holyrood after May’s elections should mean the Government has to grant another independence referendum. Prime Minister Boris Johnson has previously warned it should be up to 40 years before another vote is held after Scottish people voted against independence with a majority of 55 percent in 2014. But the First Minister appears to now have a back up plan if Westminster rejects her demands, which could involve taking the issue to the Supreme Court.

Kenny Farquharson, columnist for The Times in Scotland, warned Mrs Sturgeon her plan will not be approved by Lord Advocate James Wolffe as he is unlikely to go against “the law of the land”.

He wrote: “The whole shebang is heading for the Supreme Court.

“Already a major obstacle to the first minister’s strategy is becoming clear.

“That obstacle is a soft-spoken, grey-haired 58-year-old man called James Wolffe, who became the lord advocate in 2016.

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“Having looked at this from all angles I simply cannot see how Ms Sturgeon’s Plan B can get past Mr Wolffe. How can she persuade him to sign off a strategy that ultimately contradicts the law of the land?

“How can she expect him to stand before the Supreme Court and argue a case that has no foundation in statute?

“It seems Ms Sturgeon cannot pursue Plan B to its logical conclusion without sacking her lord advocate and replacing him with a patsy.

“I have spoken to people who have dealt with Mr Wolffe professionally and personally. None of them regards him as a rebel.”

In a speech to the SNP’s virtual conference last year, Ms Sturgeon said she wanted Scottish people to back the call to hold another vote “for a legal independence referendum to be held in the early part of the new parliament” – potentially in Autumn 2021.

She said: “I’m not ruling anything out, I’m not ruling anything in.”

Ms Sturgeon also hinted legal action could be taken if Mr Johnson blocks another vote.

She said: “That inalienable right of self-determination cannot, and will not, be subject to a Westminster veto.

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“We are seeing across the Atlantic, what happens to those who try to hold back the tide of democracy. They get swept away.”

The minister has also insisted an independent Scotland will join the EU.

She even told Europe that Scotland would be back soon, just after the Brexit transition period ended at 11pm on December 31.

She wrote on Twitter: “Scotland will be back soon, Europe.

“Keep the light on.”

But Mr Farquharson added Mrs Sturgeon will struggle to find a different Lord Advocate without losing all her credibility with the EU.

He wrote: “Could she sack Mr Wolffe and bring in a tame and obedient replacement? Possibly, if she could find one with sufficiently low self-respect.

“Could she do so and retain a shred of credibility before the EU and the wider international community? Not a chance.

“Ms Sturgeon knows an unconstitutional path to independence is self-defeating.

“Plan B as it stands has a fatal flaw.

“Ultimately it assumes that the UK government will cave in to Scottish demands, or at the very least clarify the terms under which a referendum can be agreed.

“But what if that does not happen?

“What if the UK government, either through intransigence or fear, continues to stonewall and is backed by the Supreme Court? What then?”

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