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SNP pledge first day of Holyrood vote on independence

John Swinney claims an SNP win on May 7 will mean a UK government will be forced to agree to a second independence referendum.

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John Swinney has laid out what he'd do in 100 days if re-elected as First Minister.
John Swinney has laid out what he'd do in 100 days if re-elected as First Minister. Picture: Alamy

By Gina Davidson

The SNP has moved the election goalposts on its demands for a second independence referendum, with John Swinney's aides saying he'd still seek the legal powers from Westminster to hold a new vote on the constitution - even if he fails to win an overall majority in the Scottish Parliament elections.

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Previously Mr Swinney has said that only an SNP majority win on May 7 would equal the "precedent" he says was set when Alex Salmond cleared that electoral bar in 2011. That win led to the then Conservative UK government agreeing to an independence referendum.

Today he said the SNP will immediately bring forward a vote on holding a second independence referendum on the first sitting day of the new Parliament.

John Swinney said his party would seek parliamentary approval for obtaining a section 30 order from the UK Government which would allow for an independence vote.

His pledge came in a new100-days strategy document but it did not specify that an SNP majority would be needed.

And while he said he was urging Scots to vote "emphatically" on May 7 for the SNP in order to secure a majority, one of his most senior aides later confirmed that he would rely on support from the pro-independence Scottish Greens in Holyrood to seek a new Section 30 Order.

The party's 2026 manifesto stated that only an SNP majority can secure a second referendum, but the new 100-days document says the SNP would “bring forward” a vote to approve the development of a Section 30 order – which would be needed to transfer powers to hold a referendum from Westminster to Holyrood - without any nod to a majority being needed.

Asked repeatedly by reporters to say whether that vote would take place if he failed to win a majority, he refused to do so. He said he would prefer a majority but added: “I’m simply saying to people, vote SNP and let’s get on with it.”

However one of his senior policy aides told reporters the vote would take place even with a minority government.

“You continue to pursue your agenda to the maximum amount, as all governments do,” he said. “If we’re elected as a government that manifesto stands. Otherwise what’s the purpose of a manifesto? The whole manifesto stands.”

Mr Swinney also vowed to publish a draft referendum Bill, however without a Section 30 Order it would have no legal standing and would be highly unlikely to be formally tabled at Holyrood.

Attempts by former First Minister Nicola Sturgeon to do similar, were blocked by the Lord Advocate, Scotland’s chief law officer, because those powers are solely reserved to Westminster. The UK Supreme Court also ruled in 2022 that only the UK Government could legislate for an independence referendum.

Mr Swinney also refused to say what would happen if Westminster refused the Section 30 - as Sir Keir Starmer and other leading Labour figures have already indicated they will do.

“I want people to vote SNP to give us an overall majority so that we can get on with this agenda,” Mr Swinney said.

Speaking at an event in Glasgow he added: “That’s my appeal to the people of Scotland in this election – vote for the SNP emphatically and let’s get on with giving Scotland the choice.”

But pressed on whether he could take legal action if Westminster refuses to allow a referendum, Mr Swinney said: “Nobody has to consider litigation if we just respect the precedent that was designed and created in 2011.

“The key point here is about respecting the democratic wishes of the people of Scotland. It just quite simply is unacceptable for a UK Government to be impervious to the democratic wishes of the people of Scotland.

“The precedent was established in 2011 of the election of an SNP majority leading to a referendum. It is a precedent I intend to repeat on May 7 and ensure that people in Scotland have their democratic right to choose their own future.”

His comments came as he stressed to voters that “Scotland must have the chance to become an independent country as soon as is practical”.

As a result, Mr Swinney said: “I can confirm today that on the first sitting day after the appointment of the new government, we will bring forward a vote of the Scottish Parliament to approve the development of a Section 30 order to give Scotland the power to hold an independence referendum.

“The Parliament chosen by the people of Scotland will have the chance to represent the democratic will of the people of Scotland.”

Responding to the 100-days document, Scottish Conservative leader Russell Findlay said: “John Swinney’s plot to make the first vote of the new parliament about an independence referendum confirms how breathtakingly out of touch he is with the people of Scotland.

“Instead of focusing on the cost-of-living crisis, jobs, education or the NHS, he’s hellbent on plunging Holyrood into fresh constitutional chaos.”

And Scottish Labour deputy leader Dame Jackie Baillie said “The SNP’s first 100 days in government happened nearly 20 years ago in 2007.

“If you want to know what 100 days of SNP government looks like, you only need to look at the last 100 days – an NHS in crisis, 10,000 kids in temporary accommodation, rising rates of crime and classrooms in chaos.

“No-one is buying John Swinney’s fresh start act – John Swinney and the SNP created this mess, and they have no idea how to fix it.”