Swinney will call vote on referendum powers after Scottish elections | Scotland
John Swinney will vote on independence powers on the first day of the next Scottish parliament even if he fails to win an overall majority, aides have said.
A senior adviser to the leader of the Scottish National Party has said he will rely on the support of the pro-independence Scottish Greens to win that vote, if necessary to demand the UK government give Holyrood the legal authority to hold a second referendum.
Swinney told his party’s conference last year that an overall SNP majority was a “clear and unequivocal” prerequisite to achieving these powers; a stance reinforced in the party’s 2026 manifesto.
However, the strategy document announced by Swinney on Monday, which sets out what the SNP government will do in the first 100 days, did not specify whether a majority was required.
The document states that if the SNP comes to power without any preconditions, the SNP will “bring forward” a vote on the first day of parliament’s sitting in early May.
Reporters repeatedly asked Swinney if the vote would be held if he did not win a majority, and he refused to do so. The first minister insisted he would prefer a majority but added: “I’m just telling people, vote SNP and let’s get on with it.”
Swinney’s top policy aide told reporters the vote could happen even if there is a minority government. “You continue to follow your agenda at the maximum level, just like all governments do,” he said. “If we are elected as a government whose manifesto is valid. Otherwise, what is the purpose of the manifesto? The entire manifesto is valid.”
The first 100-day document stated that the SNP would publish a draft referendum bill at a later date, containing the same yes or no question on independence from the 2014 referendum.
If introduced, the bill would have no legal basis and would be unlikely to be formally tabled in Holyrood. Attempts by former first minister Nicola Sturgeon to do so were blocked by the lord advocate, Scotland’s chief legal officer, because those powers belonged solely to Westminster.
The high court ruled decisively in 2022 that only the UK government can legislate for an independence referendum; This decision hastened Sturgeon’s resignation as first minister. The UK government has repeatedly said it will refuse to approve the referendum.
Speaking on Monday, Swinney refused to say whether he would go to court to force the UK government to hand over its referendum powers if there was a majority vote at Holyrood.
He had previously claimed the legal challenge would be based on precedents set by the then-Conservative Party-led UK government’s 2012 decision to devolve power to Holyrood. The UK government did this largely because the SNP won an overall majority in 2011.
Swinney’s approach appears to have softened markedly. He said Monday the majority had an “incredibly strong underlying argument” and did not confirm he was planning legal action to secure those powers.
But he made clear that he wanted to prove to all of Scotland’s pro-independence supporters that he was determined to make independence his top priority.
He said: “My message to people who support independence in Scotland is that I am offering a way for Scotland to have the option of becoming independent. [and] “I would encourage independence supporters to vote SNP to ensure this happens.”
Repeated opinion polls show that while the SNP is heading for a comfortable victory on May 7, only 75% of Scotland’s pro-independence voters will support the SNP. Many will support the Greens or other parties.
Scottish Conservative Party leader Russell Findlay said: “John Swinney’s plan to cast his first vote in the new parliament on the independence referendum confirms how breathtakingly out of touch he is with the people of Scotland.
“Instead of focusing on the cost of living crises, jobs, education or the NHS, he is determined to plunge Holyrood into new constitutional chaos.”
