THE Scottish Government is “very confident” that it can legally spend money on preparations for independence, Humza Yousaf has said.
The First Minister also said that Scottish ministers had not had any contact with UK officials who have been tasked with probing his devolved administration’s spending in reserved areas.
The news comes after Simon Case, the UK’s most senior civil servant, told peers on the Lords Constitution Committee that he had officials working with Tory ministers looking at Scottish Government spending.
And Lucy Neville-Rolfe, a Cabinet Office minister, told the House of Lords that the UK Government would consider what sanctions could be laid out in the updated “Cabinet Manual” for devolved administrations whose work strays into reserved areas.
Speaking at the launch of a Scottish Government white paper on citizenship after independence, one of the pieces of work which is under fire from a Unionist opposition who label it “a blatant misuse of public money”, Yousaf said his government was “very confident” in the legality of its actions.
“We are very confident in the position that we have, the legality and the legal position which we have, to bring forward these papers, publish these papers, and do the work that we’re doing,” Yousaf said.
“You will have seen some comments from academics in the last 48 hours who are experts in the issue of devolution [saying] that this is very much something that is within the gift of the Scottish Government.”
Independence Minister Jamie Hepburn (below), who was also present at the launch, added: “On that point, Robert Hazell, who was co-author of the Cabinet Manual which this has all been predicated on in terms of being looked at, said yesterday that it would be odd that the democratic mandate which we have would be tread across.
“It would be odd that civil servants aren’t able to support the Scottish Government in the democratic mandate they have to pursue independence.”
Professor Hazell was the founder and first director of the Constitution Unit at University College London (UCL).
His opinion came on top of another from Scottish Government law officers. In an opinion from December 2019 and referenced in a Freedom of Information release from 2020, the unnamed law officers said that Scottish ministers “can lawfully undertake policy development work preparing proposals for independence and in calling for a transfer of power”.
In the wake of such expert opinion, Yousaf told journalists at the launch of the independence white paper that there were no concerns about the legality of such work.
He went on: “We’re very confident in our basis for producing these papers, as are the civil servants that have done an excellent amount of work on producing these papers. What I would say to our opposition in particular is I think it speaks volumes that you’re trying to shut down our positive case for independence.
“Where’s your positive case for maintaining the Union? If you truly believe that there’s a case to be made, a positive case to be made for your proposition, then make it.”
He added: “They know that we have a winning argument here so they’re trying to shut it down instead of making their own case.”
The Scottish Conservatives have raged against the production of such white papers, with the group's constitution spokesperson Donald Cameron claiming: “People across Scotland will be appalled that Humza Yousaf is focusing on yet another self-indulgent paper touting independence. It is the wrong priority at the worst possible time.
“This paper is not only a blatant misuse of public money and resources by the SNP, but it also demonstrates how out of touch they are with the public."
