THE international community should not be asked to choose between Scotland and the rest of the UK after independence, Michael Russell has warned.
The Constitutional Secretary said said the Yes campaign must show Europe and the rest of the UK a positive case for Scotland being an independent state.
Russell was speaking at a virtual event hosted by pro-independence group Voices For Scotland where he answered questions about the country's future.
In a new plan for indyref2 – revealed exclusively by The National this week – the SNP are set to tell the Prime Minister that he’ll need to take legal action if he wants to stop Scots voters having their say on the constitution.
READ MORE: SNP unveils plan to hold indyref2 – even if Boris Johnson says no
Russell said taking Holyrood to court after a Yes majority in indyref2 would be "a really bad look for the UK Government".
"What Johnson will do with [Michael] Gove sniping away in his ear I do not know," he added.
"It is not impossible that they would say no and we would have to go to court. There is a way to do that, it could be done. I refuse to speculate on what would happen after that. Taking another government to court on the basis on what people have voted for is a really bad look for the UK Government. I think there would be some pause for thought in those circumstances."
But Russell warned that Scotland must maintain a relationship with the UK after independence and that rejoining the EU could be the way to do this.
He went on: "All states are run in self-interest. You cannot ask people to choose between us and the rest of the UK. The world needs to be big enough for an indy Scotland and an indy England. At some point if UK decided to rejoin EU then we’d have equity there."
READ MORE: Tories 'will be taking millions of Scots to court' if they challenge indyref2
When asked if indyref2 could take place in 2021 after May's Holyrood elections, Russell said it would have to take place when Covid has subsided – particularly since the Tories went ahead with Brexit plans during the pandemic.
He added: "I think it’s really impossible to say when indyref2 will be. Best practice for a referendum is that six months should pass between an election and a referendum but I can’t predict that. I hope a new Scottish Parliament moves without delay.
"I don’t think uncertainty is good. I argued for it last year before the pandemic. There is a job to be done and we shouldn’t leave that in other people’s hands so there is an urgency to it."
Russell was asked whether a referendum would still go ahead if a Section 30 order is not granted. He said: "I know next steps after referendum but not going to speculate on steps after that. The ball is then on the UK Government's court. We shouldn’t take it out of their court. I don’t want to let the UK off the hook."
He went on: "What we’re trying to do is define our relationship with the EU as an independent country, I don’t want us to be [defined as] an ex-member of the UK. There will be big issues to be dealt with but the addition of that element does not complicate things, it clarifies.
"The only thing that is required for independence is a decision by the UK Parliament."
When asked if the question should be changed from 2014 to give indyref maximum legal protection, Russell pointed out that the same question has been used in the 20 polls that have shown a majority support for Yes.
READ MORE: Stunning new poll is 20th in a row to put majority for independence ahead
"I was first constitution minister in 2009 and this idea was explored extensively and I've never seen any convincing argument in phrasing the question in a way that is advisory would make any difference," he said.
"The question is the question – it was asked in 2014, has been used in every poll since. The Tories would love a question that confuses people but I think we should stick to what we’ve got."
The Voices for Scotland event comes ahead of the SNP’s virtual National Assembly on Sunday, where members will meet to discuss “the tactics and strategy on the route from here to independence day”.
READ MORE: Virtual SNP National Assembly to discuss alternative routes to independence
The National Assembly was announced at last year’s annual conference by depute leader Keith Brown, with delegates overwhelmingly backing a motion welcoming it.
It is being seen as an attempt to ease tensions within the party over the way forward for a second referendum if Boris Johnson continues to refuse to agree to a Section 30 order.
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