The Scottish Government wrongly “farmed out” a decision on whether it has the power to hold an independence referendum to the UK’s highest court because it disagreed with its own legal advisers, judges have been told.
Sir James Eadie KC, representing the UK Government, told the Supreme Court that Holyrood ministers “do not like the answer” given to them by the Lord Advocate,Five justices at the court in London are hearing evidence in the case concerning the Scottish Independence Referendum Bill for a second day., with Sir James making the bulk of the UK Government’s case on Wednesday.
The court is being asked to decide whether draft legislation from the Scottish Government paving the way for a referendum goes beyond the Scottish Parliament’s powers.whether a second referendum will be held on 19 October next yearThe UK Government is also arguing that the Supreme Court should decline to make a decision on the key issue because the Scottish legislation is still in draft form.
Under normal circumstances, Bills that could be outside Holyrood’s powers are not referred to the court until they have been passed by MSPs.