THE SNP have hit back at Alister Jack for stating that a second independence referendum held without the UK’s agreement would be “illegal”, saying the Tories’ stance is “indefensible and untenable”.

The Scottish Secretary made the comment in an interview yesterday as he discussed Constitutional Affairs Secretary Michael Russell’s proposal to hold a new vote should Boris Johnson fail to give his consent to one, even if there continues to be a pro-independence majority in Holyrood after the May election.

Responding to Jack’s intervention the SNP depute leader Keith Brown said: “The Tories sound more rattled by the day and it’s clear they are completely out of ideas and excuses.

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“Trying to block a democratic mandate is an indefensible and untenable position – the bottom line is the Tories are panicking as they run scared of a referendum they fear they will lose.

“It’s not for Alister Jack, or his boss Boris Johnson, to deny the people of Scotland the chance to determine their own future.

“That choice belongs to the people of Scotland and any Trump-like attempt to deny that would be utterly undemocratic – and would not hold.”

Jack’s comments came just days after the Prime Minister tried to tout the strength of the Union on a visit to Scotland amid successive polls recording an independence majority.

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Amid Johnson repeatedly ruling out a new vote and suggesting there should not be a second referendum until 2055, the SNP released an 11-point plan last month stating they would hold another vote if a pro-independence majority of MSPs were returned in May’s Holyrood elections, whether a Section 30 order granting it from London was forthcoming or not.

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The document, put together by Russell, would effectively dare the UK Government to challenge another referendum in court.

However, the Scottish Secretary told the BBC yesterday another vote without express permission would be illegal.

He said: “I’m afraid the constitution is a reserved matter, it would be an illegal referendum, let’s be clear about that.”

The Tory Cabinet minister said it was “not the time” for another vote on the constitution in Scotland, reiterating that senior figures in the Yes campaign and its own white paper said the vote was “once in a generation”.

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He added: “We can’t go into a process of ‘neverendums’ until eventually they get one that they win, that’s not what responsible government is about.

“We had a referendum in 2014, we’re now in a global pandemic, we’re going to have double-dip recession the way things are going.

“It’s about recovering our economy as one United Kingdom, pulling together, doing the trade deals we want to do, improving Scotland’s economy and rebuilding it as quickly as we can, and after we’ve saved people’s lives with this vaccine, then saving their livelihoods.”

Johnson last week refused to say whether he would mount a legal challenge to Holyrood legislation to hold a referendum. Scottish Tory leader Douglas Ross called on voters to boycott one which had not received the UK Government’s consent.

Nicola Sturgeon last week dared Johnson to mount a legal challenge to Holyrood legislation. She told an event on Thursday such an action by Johnson would not be the behaviour of a democrat.

She said: “He’d have to go to court to stand in the way of the democratic wishes of the Scottish people. All I would say to that Boris is ‘good luck’. It’s not a position any self-respecting democrat ever contemplates finding themselves in.”