Indyref2: Chief civil servant urged to check legality of using £20m of public funds on referendum

It follows the Supreme Court ruling that the Scottish Parliament cannot legally call a referendum without Westminster approval.
It follows the Supreme Court ruling that the Scottish Parliament cannot legally call a referendum without Westminster approval.
PA
George McMillan

By George McMillan


Published: 28/11/2022

- 15:36

Updated: 14/02/2023

- 10:29

The Supreme Court ruled that the Scottish Parliament cannot legally call a referendum without Westminster approval

Scotland’s chief civil servant has been urged to seek ministerial direction on whether the Scottish Government can continue to spend public funds on independence referendum plans.

It follows the Supreme Court ruling that the Scottish Parliament cannot legally call a referendum without Westminster approval.


Donald Cameron, constitution spokesman for the Scottish Tories, has written to John-Paul Marks, permanent secretary to the Scottish Government, to assess whether the forecasted spend of £20 million on referendum preparation is “lawful”.

First Minister Nicola Sturgeon speaking at a rally outside the Scottish Parliament in Edinburgh following the decision by judges at the UK Supreme Court in London that the Scottish Parliament does not have the power to hold a second independence referendum. Picture date: Wednesday November 23, 2022.
First Minister Nicola Sturgeon speaking at a rally outside the Scottish Parliament in Edinburgh following the decision by judges at the UK Supreme Court in London that the Scottish Parliament does not have the power to hold a second independence referendum.
Jane Barlow

He accused the Scottish Government of using public funds for “party propaganda”.

Figures obtained by the Tories on Sunday revealed more than £1.5 million of taxpayer cash would be spent on civil servant salaries who are tasked to work on the independence brief.

But in his letter to Mr Marks, the Tory MSPs wrote: “Given that the Supreme Court ruled that ‘the Scottish Parliament does not have the power to legislate for a referendum on Scottish independence’, there is now significant uncertainty as to whether the forecast use of £20 million of taxpayer money on an issue that is not within the devolved competence of the Scottish Parliament is lawful.

“I am therefore seeking urgent clarification on whether this remains the position of the Scottish Government, and also to request that you seek a “ministerial direction” to settle this matter.”

After sending the letter to the senior civil servant, Mr Cameron said he struggled to see “any legal clarification for ministers to continue to lavish” the estimated £20 million.

Scottish Conservative MSP Donald Cameron listens to Deputy First Minister John Swinney making a statement at the Scottish Parliament in Edinburgh, where he said work on a Bill to incorporate a UN treaty on children's rights into Scots law will continue despite the original being sent back to Holyrood by the UK Supreme Court. Picture date: Wednesday October 6, 2021.
Donald Cameron, constitution spokesman for the Scottish Tories.
Fraser Bremner/Daily Mail

He added: “That’s why I have written to the permanent secretary for clarification. I believe he has a legal duty to seek ‘ministerial direction’ on this because it looks as if the Scottish Government is allocating public money to something that is beyond its legislative competence.

“Nicola Sturgeon said her next step, after the Supreme Court’s judgment, was to try to turn the next general election into a ‘de facto referendum’.

“But that’s SNP strategy as a party – not a Scottish Government policy. There is no excuse for impartial civil servants to be deployed on party propaganda this way, and no reason for taxpayers’ money to be wasted on it.

“In the midst of a global cost-of-living crisis and huge cuts being imposed by the SNP on key public services, it’s outrageous for ministers to spend money pushing for a referendum that most Scots don’t want.

“Now there are question marks over the legality of this approach too.”


You may like