A COURT has rejected a bid by independence campaigner Martin Keatings to appeal to the UK Supreme Court over the People's Action on Section 30 – which aims to show the Scottish Parliament can legislate for indyref2 without “consent” from Westminster.
Lady Carmichael had dismissed the action but an appeal to the Inner House of the Court of Session was heard earlier this month, which sought leave to take it to the UK’s highest court.
Keatings revealed today that the court had decided not to allow the appeal, but added that the action had “struck a major blow for access to justice as a whole in Scotland”.
READ MORE: Indyref2 Section 30 case appeal back in Court of Session
The Inner House upheld the earlier court ruling because the Scottish Government had not introduced a bill – only a “draft bill”.
It added: “A draft bill has no legal status. The result of the election is not yet known. A Bill may or may not be introduced, depending upon the Government formed as a consequence of the election.
“If introduced, a Bill may or may not be passed by the Parliament, depending upon that institution’s composition … The UK Government may or may not be prepared to obtain an Order in Council under section 30 of the 1998 Act, which would, in any event, allow the Bill to proceed to Royal Assent.
“If the Bill were passed without such an Order, it is highly probable that the UK Government’s law officers would refer the Bill for scrutiny by the UK Supreme Court.”
Keatings said the SNP’s failure to put forward a proper bill is the primary reason the court refused to consider it.
He warned: “You will note the words, ‘a draft bill has no legal status’. Simply put, if it has no legal status before the court, then it also has no legal status under which the Scottish Government can claim it is a legitimate bill for the purposes of this election."
Keatings said the fight is not over: “The fight for election to Holyrood is on in earnest, the fight to continue this case and obtain the judgement we seek on behalf of the 10,000 backers will be redoubled. We’re down but not out!”
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