A JUDGE at the Inner House of the Court of Session has granted a motion to speed up the appeal process in Martin Keatings’ court action on whether the Scottish Government can hold indyref2 without Westminster’s consent.
The case was initially dismissed by Lady Carmichael, who ruled it was “premature” and the question of another referendum “also hypothetical, and may never come to pass”.
However, Aidan O’Neill QC, for Keatings, stressed to Lord Malcolm the importance of an urgent disposal which would allow an appeal to be heard in April.
READ MORE: People’s Action on Section 30 returns to court in bid to speed up legal process
He referred to Michael Russell’s statement on the evening submissions to Carmichael concluded, when he declared there would be a draft bill published regarding indyref2 and that it was the intention of the SNP, if re-elected in May, to introduce such legislation before the Scottish Parliament.
O’Neill said: “We see this very much as a live issue which requires an authoritative ruling form the court,” and is “clearly not just an election issue but an issue of dispute between the UK and Scottish Government being seen as central to the basis of which voters are being asked to cast their votes”.
Andrew Webster QC, for the Advocate General of Scotland, disagreed about the need for “urgency” and said the question would still be irrelevant.
He added: “If the draft bill is indeed relevant ... then I beg the question where is the rationale to have this matter disposed of before that bill is available?
“And if it’s not relevant, I ask the same question – where is the rationale to have the matter disposed of before the bill is available if it is not relevant?”
Keatings (above), convener of Forward as One, told The National: “We are pleased to see that Lord Malcolm has considered our motion and that this case must be heard prior to the May 2021 elections for Holyrood.
“We are awaiting confirmation of the date for this to happen, but it is expected to be the first week in April.”
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