How Labour's law reforms 'could pave the way to independence'

He argued that in exchange for giving legislative consent to the Labour government for a Westminster bill reforming the UK constitution, Holyrood should demand powers to hold an independence referendum. He said under his plan a new independence referendum could be held in 2027 or 2028. 

Writing exclusively for The Herald in an article published on Wednesday, Mr Noon argued that an early priority for a Starmer Government would be a constitutional reform bill taking forward proposals outlined in December by the last Labour Prime Minister Gordon Brown.

READ MORE: Stephen Noon's path to independence

Mr Brown's report proposes a democratic overhaul of the UK, including the abolition of the House of Lords to be replaced by an assembly of the nations and regions, as well as extra powers for Scotland and Wales. It also proposes strengthening the Sewel Convention, the process whereby Westminster obtains Holyrood approval before passing laws affecting devolved areas, making the consent obligatory.

Mr Noon argued that Labour's Constitutional Reform Bill would come before the Scottish Parliament for consent and that Holyrood could use the process to consult on a major scale with Scottish voters on the options. Greater devolution and independence could be among them.

He said that unlike the current Conservative Government Labour ministers would be required to respect this consultative and legislative consent process.

Mr Noon, who worked as an advisor to former First Minister Alex Salmond, argued it would be difficult for Labour to reject the request given the importance Mr Brown has placed on the Sewel Convention and on respecting devolution.

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"For me, the most powerful and attractive elements of the Brown package are those, like the Sewel reforms, that are designed to improve the way inter-governmental relations work.

"There is an ambition for a new, more co-operative way of working across these isles – not only new rules and structures, but an implicit commitment to make them work, even if it means the centre not always getting its way.

"Giving Scotland real legislative consent is a significant part of Labour’s plans. It is something to which they attach real meaning within a wider package of reform," he writes.

READ MORE: Sturgeon to face 'robust discussion' with SNP NEC on de facto vote

"While none of us can see the future, it would take a brave person to bet against the election of a Labour government at the next UK election."

He warned the legislative consent process could become the focal point for yet another constitutional "tug of war" but suggested voters were weary of that style of politics.

"We could, of course, choose to do things differently. Consultation is an already well-established part of the legislative consent process at Holyrood and, drawing on the experiences that helped bring the Scottish Parliament into being twenty-five years ago, that consultation could become a genuine civic engagement," he adds.

READ MORE: Expert warns SNP of consequence over a de facto vote climbdown on FM

"We might discover, in this process of real civic engagement, that the will of the Scottish people is for something more. The people of Scotland might wish their Parliament to agree to Labour’s plans, but only on the basis of some important additions, for example, gaining more job-creating powers or, indeed, securing the power for Holyrood to legislate for an independence referendum.

"How would a Labour government respond to a vote in the Scottish Parliament setting, as a condition for legislative consent, the granting of the power to hold an independence referendum?

"I can already hear the voices insisting that Prime Minister Starmer would ignore it, but does that not go against the very grain of the changes he is looking to introduce?"

Mr Noon's intervention comes ahead of a special conference being held by the SNP in March to consider First Minister Nicola Sturgeon's plan to use the next general election as a "de facto" independence referendum.

Some in her party have raised concerns over the strategy including the high threshold needed to win - a majority of votes - and the franchise, which would exclude EU nationals as well as 16 and 17 year olds who tend to support independence.

READ MORE: Stephen Noon: Court likely to rule against Scottish Government

Mr Noon said the de facto referendum "idea is not a magic wand" that would guarantee the delivery of the SNP's preferred 2014-style vote but "opens up a path that might take us there". He said it could deliver a gold-standard referendum in "four or five years".

He has previously argued for a wide civic discussion on the constitutional way forward for Scotland and suggested support for independence should be around 60 per cent before a second referendum is held.

A series of polls in recent months have given Labour a considerable lead over the Conservatives with a survey published by Savanta at the end of last year suggesting Starmer's party would win a 314-seat majority if the general election was held tomorrow.

SNP MSP Alasdair Allan said: "At the Scottish Parliament election, a record majority of MSPs were elected on a manifesto commitment to hold an independence referendum.

"It is an outrage for any Labour or Tory Westminster government to stand in the way of that democratic mandate - if either UK party had any respect for Scottish democracy then they would accept that democratic vote by the people of Scotland. 

“Independence will mean a proper partnership of equals between Scotland and the rest of the UK instead of ever tightening Westminster control.”

Scottish Conservative shadow constitution secretary Donald Cameron MSP said: “In the event of a Keir Starmer government at Westminster, the nationalists confidently expect Labour to roll over and grant them the referendum they’re so obsessed with.

“That confidence is entirely justified because Labour can never be trusted to stand up to the SNP on the increasingly small number of issues they don’t already agree with them on.

“Those who value Scotland’s place within the UK know that only the Scottish Conservatives will defend the union and not cave into Nicola Sturgeon’s self-serving push for independence.”    

Scottish Labour were approached for comment.