Scotland needs mechanism to trigger independence referendum – Holyrood report

Scotland must be given a route to trigger a future referendum on independence from the UK, a report at Holyrood has said.

The Scottish and UK governments should urgently negotiate a “clear pathway” to allow for another vote in certain circumstances, the Parliament’s Constitution, External Affairs and Culture Committee said.

The report comes as part of its inquiry into the options for a legal route to trigger a referendum.

A majority of MSPs on the committee found it “problematic that no established mechanism exists for ensuring that, in appropriate circumstances, the wishes of the people of Scotland can be expressed”.

According to the report, the lack of a route to another vote represents a democratic “disjuncture” where the “democratic mechanism may not work”.

The committee said Scotland has no legal right to unilaterally hold an independence referendum, with any vote requiring the consent of the UK Parliament.

In 2022, the Supreme Court ruled that the Scottish Government cannot hold an independence referendum without the UK government’s approval.

The committee pointed to evidence from Professor Alan Renwick, of University College London, who said: “It is the UK electorate that chooses those with the power to trigger a referendum, whereas the electorate whose wishes are to be respected is that of Scotland.”

The majority of the committee’s view was that this creates a “democratic anomaly”.

The committee voted for the report down constitutional lines with three SNP MSPs, Clare Adamson, George Adam and Keith Brown joining Green MSP Patrick Harvie to vote for it.

Meanwhile, Tory MSPs Jamie Halcro Johnston and Stephen Kerr joined Labour MSP Neil Bibby in voting against it.

The report’s conclusions set out a number of statutory and non-statutory options that should be considered as part of negotiations between the Scottish and UK governments.

These include changes to the Scotland Act or a political agreement setting out when a referendum should go ahead, such as devolved elections or sustained public support in opinion polls.

Ms Adamson, committee convener, said: “The majority of the Committee recommends that steps should be taken to address this democratic anomaly.

“This should include the agreement, regardless of the UK’s political priorities, of a trigger mechanism which would allow the people of Scotland to exercise their democratic right to determine Scotland’s constitutional future if they so wish.”

A spokesperson for the Scottish Tories said the report showed the SNP and Greens were “using Holyrood time to once again push for another independence referendum”.

He added: “That is their only real priority rather than tackling the real issues facing Scots.

“If voters don’t want nationalist MSPs spending the next five years obsessing over independence then they should use their peach ballot paper at May’s election to vote for the Scottish Conservatives and stand up to the SNP’s latest push for another referendum.”

A UK Government spokesperson said: “This is simply not a priority for Scots. The UK Government is focused on delivering for people in Scotland, on growing the economy, improving our public services, and tackling the cost of living.

The Scottish Government has been approached for comment.