THE Scottish Government has said the independence campaigner trying to prove in court that Holyrood does not need Westminster’s permission to hold indyref2 is not the appropriate person to bring about such action.

The Times has obtained a copy of the closed record of the court in the People’s Action on Section 30 case, which sets out the legal arguments of all participants.

Forward as One’s Martin Keatings has brought the case forward on behalf of the independence movement after crowdfunding tens of thousands of pounds to fund it.

The activist wants to prove that a new independence referendum can go ahead without the Prime Minister accepting a Section 30 request.

READ MORE: Scottish Government pulls out of Section 30 People’s Action court case

In a joint response the Scottish Government and Lord Advocate say Keatings is not the right person to pursue this action because he is not an MSP.

They said: “No member of the Scottish parliament has introduced a bill to legislate for the holding of a referendum on Scottish independence absent such an agreement.

“It is not for the pursuer to attempt to stand in the shoes of those parliamentarians.”

The UK Government agreed, but added that it is not within the Scottish Parliament’s abilities to hold another referendum on independence.

The news of the Scottish Government’s response to the case comes during a tense time for the independence movement. There are splits regarding how to move ahead now polls show between 53-55% support for independence.

The First Minister has said that the SNP manifesto will make a commitment to indyref2, and that this will secure a mandate if the SNP achieve a majority at next year’s Holyrood election. So far opinion polls show this is a likely scenario.

However, Boris Johnson has ruled out agreeing to another Scottish independence referendum.

SNP ministers and the Lord Advocate told the Court of Session: “There is no impending decision for members of the Scottish Parliament in relation to which of those parliamentarians require the assistance of the court. No bill has been introduced into the Scottish Parliament on a referendum on Scottish independence and no vote is imminent.”

They went on to say that it was “not tenable for a UK government simply to refuse to engage with the process” of another vote on the issue.

While the constitution is a reserved matter, legal advice issued by Aidan O’Neill QC in January suggested that there are “good arguments” for the Scottish Parliament having the power to hold indyref2.

Balfour and Manson made the submission on Keatings's behalf, arguing that the “uncertainty in the law on this issue undermines democracy”.

Scottish ministers have now withdrawn from the People’s Action on Section 30 proceedings, but the Lord Advocate remains a party to the case.

A Scottish Government official told the newspaper: “The Scottish Government remains of the firm belief that the people of Scotland have the right to choose their own future and is determined to make that happen.

"We have no further comment at this time while the matter is ongoing.”