A FORMAL complaint has been made against the BBC’s political editor Laura Kuenssberg over her assertion that only the UK Government has the legal right to allow a second independence referendum.
The complaint to new director-general Tim Davie has been made by Martin Keatings, convener of the Forward as One group and the litigant in what has become known as the People’s Action on Section 30.
This case against the UK Government is currently before the Court of Session, with Keatings gaining crowdfunding of up to £150,000 from 7000 supporters to take the case to a two day hearing as decreed by judge Lady Carmichael on November 3.
In the online article complained about – “The UK Government’s Scottish independence dilemma” – Kuenssberg asserts that “the law says it’s up to the UK Government to decide whether or not there should be another referendum”.
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The basis of Keatings’ complaint is that Kuenssberg has stated this as a fact, but that this assertion is “false and inaccurate.”
Keatings has gone to court because there is no legal ruling on whether or not a referendum in Scotland requires UK Government permission under section 30 of the Scotland Act.
His court action was started because there has never yet been a ruling by the Court of Session or the UK Supreme Court on whether the Scottish Parliament has the right to hold a referendum. Most legal and constitutional experts have said such a court ruling will be needed for the Scottish Government to proceed without a section 30 approval – and section 30 agreement is still the preferred option of First Minister Nicola Sturgeon.
A source close to the case said: “Indeed the whole point of Martin’s case is to clarify whether the UK Government’s permission is needed or not, and he has solid legal advice that permission is not needed.”
Keatings is asking the director-general to instruct Laura Kuenssberg to amend her article accordingly and to issue guidelines to all BBC staff reporting on this matter, otherwise he will be going to the regulator.
The complaint states that Keatings’ lawyers have assured him the matter of the section 30 approval or otherwise “has never been the subject of authoritative legal decision.”
He added: “Matters with respect to ‘permission’ from Westminster are not clear-cut. It is disingenuous and inaccurate for your staff to be reporting that the Scottish Parliament (or Scottish Government) require permission in order to advance a referendum bill to call a second referendum on Scotland’s independence from the United Kingdom.
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“It is inaccurate and false to leave out (continually) that the UK’s position of permission being required is true. It is certainly inappropriate to post face or otherwise qualify statements on matters surrounding section 30 of the Scotland Act with the words the law states or the law says because it doesn’t.”
Kuenssberg’s article about next May’s Holyrood election stated: “With a solid trend of polls backing independence in recent months, the SNP is hopeful of another convincing result in the May ballot that will give them a mandate for another referendum on whether Scotland should stay in the UK.
“Their problem, even if they win convincingly in May, is that the law says it’s up to the UK Government to decide whether or not there should be another referendum – a vote some Scots are massively eager to have, but which others want like a hole in the head”
A BBC Spokesperson said: “The BBC has received this letter and will respond in due course.”
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