STV NewsJohn Swinney has written to Prime Minister Andy Burnham in an effort to launch the “agreed legal mechanism” for holding a Scottish independence referendum.
It comes after Burnham suggested on Wednesday that another Scottish independence referendum could be held if public opinion “shows demand for one”.
The PM had previously told Scotland’s First Minister that a second referendum is “off limits”, but in the Commons he appeared to indicate a vote could be held if there was clear public support, comparing the situation to the conditions for a border poll in Northern Ireland.
Swinney has now said that the Prime Minister has “agreed the principle that Scotland should have a referendum when it is likely that people would vote for independence”.
In an official letter sent to Andy Burnham, Swinney has called for a meeting to discuss how to create an agreed legal mechanism that could constitute a second referendum.
‘Scotland will decide their own future’
The full letter that the First Minister sent to Prime Minister Andy Burnham read:
“Dear Andy. I am writing with regards to your comments at Prime Ministers Question’s in response to my colleague Chris Law MP’s question.
“Earlier today, you said; “on that question of a border poll, it is to be considered by the Northern Ireland Secretary when there is a clear consensus in the country – when public opinion has changed to the point where the call has to be considered. I would say that it is exactly the same situation in Scotland.
“The Good Friday Agreement, as implemented in UK domestic law by the Northern Ireland Act 1998, makes clear that if it appears likely that a majority of people in Northern Ireland would vote for Irish unification, a referendum should be held.
“Your acceptance of the fact that majority support for independence in Scotland also means that a referendum should take place is welcome.
“I am encouraged that you have reconsidered your previous comments that the democratic right of the people of Scotland to choose their own future is ‘off limits’.
“This is a long-overdue acceptance of the reality that the people of Scotland will decide their own future, not the UK Government, and a clear endorsement of the fact that the UK must be a voluntary union.
“In May, the SNP won a historic and unprecedented fifth term in office, and the people of Scotland elected more pro-independence MSPs than at any point in the Parliament’s history.
“Given that, the previous refusal of the UK Government to consider Scotland’s right to decide its own future was clearly unsustainable.
“You have rightly identified that there must be a discussion about where power lies across these islands.
“By concluding a clear, understandable mechanism, both sides of the constitutional debate can move forward constructively in the full knowledge of an agreed process by which the Scottish people can exercise their democratic right at a time of their choosing.
“Now that you have agreed the principle that Scotland should have a referendum when it is likely that people would vote for independence, it is important for us to meet to discuss how we turn that principle into an agreed legal mechanism, as exists in Northern Ireland.
“I have asked my office to take forward the necessary arrangements.”
Despite Burnham’s comments, Downing Street later insisted there had been no change in position and that a vote on independence was “off limits”.
Burnham’s press secretary said: “The PM’s been repeatedly clear on this.
“In his call with the Scottish First Minister in his first week, the PM stated upfront that another referendum on independence was off limits and as our election manifesto makes clear, Labour does not support independence or another referendum.”
Legally, to trigger a second Scottish independence referendum, the UK Government would need to issue a Section 30 order.
The provision for Northern Ireland leaving the UK is contained in the Good Friday Agreement, and a referendum, ordered by the Northern Ireland secretary, would be called if it was likely to be passed.
Scottish Conservative leader Russell Findlay said: “Andy Burnham has pulled the pin on a constitutional hand grenade – which John Swinney has now thrown back at him.
“The ex-Manchester mayor is dangerously naïve about the SNP’s relentless agitation to break up the United Kingdom.
“It was inevitable that John Swinney would pounce on Burnham’s naive comparison between Scotland and Northern Ireland.
“Opening the door to another divisive referendum is further evidence that Labour can’t be trusted to defend the union.”
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