Independence referendum: Why Scotland must not try to railroad UK into a second vote – Scotsman comment

Ahead of the SNP’s party conference, Joanna Cherry MP made the case for MSPs to pass legislation for a second independence referendum if the UK government continues its stance of refusing to grant permission in the event of a new nationalist majority after the Holyrood elections in May.

Joanna Cherry MP says the legal right for the Scottish Parliament to stage a second independence referendum should be tested in court

Delivering the Wales Centre for Government’s annual lecture, the MP for Edinburgh South West argued that even though such a Bill would face a legal challenge all the way to the UK Supreme Court this would not damage the cause of independence and a ruling in the SNP’s favour would result in “a lawful referendum… which would be hard for unionists to boycott”.

However, any attempt to railroad the UK government into a situation it is determined to avoid is likely to be met with resistance that could involve a legislative response.

The effect on public opinion, both nationalist and unionist, of such political and legal manoeuvring would likely be to further inflame passions that have already shown a propensity for generating significant heat.

And whatever Scotland’s future holds, it is important to maintain good relations with our nearest neighbours and doubly so if independence does come to pass.

A bad-tempered, disputed divorce would provide the worst possible of starts for the new nation that would, initially at least, face economic difficulties and whose population would still be divided over the issue.

The UK government’s mishandling of the Brexit negotiations has shown what can happen when a hostile stance is adopted by one side. With less than two months to go until the end of the transition period, it is still unclear whether a trade deal can be struck.

In the event of a referendum vote for independence, the Scottish government would need to negotiate with their UK counterparts on how the split would be accomplished.

This is why a negotiated, agreed process – rather than one reminiscent of sharp practice in the world of corporate takeovers – is so important.

The SNP should also realise that taking a hardline approach is likely to dissuade potential nationalist voters who fear a confrontation with Westminster. Joanna Cherry may dismiss comparisons with Catalonia, but unionists would make considerable political capital of anything remotely comparable to the foolish and reckless adventure undertaken by separatist politicians in Barcelona in 2017.

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