Original devolution deal for Scotland ‘permits unofficial independence referendum’

Scotland’s original devolution agreement allows its Government to hold a non-binding referendum on ‘whatever it likes’, newly released documents suggest.

The comments two decades ago by the late Donald Dewar, the original First Minister, may raise fears that Nicola Sturgeon would be free to hold a wildcat independence vote even if opposed by Boris Johnson.

Ms Sturgeon has threatened to hold such a plebiscite in the face of Westminster’s refusal to rerun the 2014 referendum, which was won by the No to independence campaign.

It would carry no official legal weight but would be a powerful propaganda tool if it returned a strong Yes vote.

According to a 1997 email found in the National Archive and seen by the Telegraph, Mr Dewar, who led the country for Labour, believed such a vote was possible.

The message from Tony Blair’s then special adviser on Scotland, the now MP Pat McFadden, highlighted concerns over Mr Dewar’s views ahead of publication of a white paper on devolution that he authored.

‘The reserved powers model means that the Scottish Parliament will have the power to legislate on anything not in the reserved list,’ Mr McFadden wrote.

‘Therefore it can have referendums on anything it wants, even if it cannot enact the result. 

The comments two decades ago by the late Donald Dewar, the original First Minister, may raise fears that Nicola Sturgeon would be free to hold a wildcat vote even if opposed by Boris Johnson.

Ms Sturgeon has threatened to hold such a plebiscite in the face of Westminster’s refusal to rerun the 2014 referendum, which was won by the No to independence campaign.

According to a 1997 email found in the National Archive and seen by the Telegraph, Mr Dewar, who led the country for Labour, believed such a vote was possible.

 ‘A couple of very worried Scottish MPs have rung me about this. It scares them a great deal that such a referendum could take place.

‘Donald’s view is that the Scottish Parliament can have a referendum on whatever it likes, even matters outside its competence, which is in line with the logic of the White Paper.’

Currently matters like independence are a ‘reserved matter’ and can only be dealt with by Westminster. 

But it can use legislation to allow votes like the one in 2014 to take place with a binding result. 

However, Mr Johnson has refused to rerun it, saying it was a ‘once in a generation’ referendum. He has pledged to keep the Union together. 

In May Ms Sturgeon lay down the gauntlet to Mr Johnson on a second Scottish independence referendum as she told the Prime Minister another vote is a matter of ‘when – not if’.

Ms Sturgeon and the SNP fell short of winning an overall majority in Holyrood at the ‘Super Thursday’ elections.

But she made clear she still intends to push for a re-run of the 2014 border poll to split from the rest of the UK.