Nicola Sturgeon has been accused of attempting to “dodge scrutiny” of plans for a “divisive” second referendum on Scottish independence by bringing forward the Bill for such a vote when Holyrood is in recess.
The First Minister told the SNP conference in Glasgow last week that the Independence Referendum Bill is to be published for consultation at some point this week.
The announcement sparked an angry reaction from Scottish Labour leader Kezia Dugdale, who has now raised her concerns with Scottish Parliament Presiding Officer Ken Macintosh.
Ms Dugdale argued that publishing the Bill when MSPs are not sitting is “not within the spirit” of the Ministerial Code, which states that “when the Parliament is meeting, ministers should ensure that important announcements of government policy are made, in the first instance, to the Parliament”.
A spokesman for Finance and Constitution Secretary Derek Mackay branded it a “silly, incoherent attack” as plans for a Bill had already been announced by the First Minister in her programme for government.
Ms Dugdale said: “Making such an announcement during a short recess – when this was very clearly a long time in planning – is not within the spirit of these rules. Publishing the consultation in recess is only avoiding necessary Parliamentary scrutiny.
“Rather than focusing on the bread-and-butter issues, the SNP is pressing ahead with plans for a divisive second referendum and is trying to dodge scrutiny by publishing the consultation during parliamentary recess.
“That simply isn’t good enough. Nicola Sturgeon must present her plans to the Scottish Parliament, not just to the party faithful at conference.
“The First Minister promised voters in 2014 that the result would stand for a generation. She should keep that promise. Scottish Labour will vote against any Bill for a second referendum.”
In her letter to the Presiding Officer, Ms Dugdale said she was “surprised” the First Minister had made the “very significant announcement” on the Bill’s publication to conference instead of the Parliament.
“It also troubles me that the consultation itself will be published during recess, when MSPs will have no opportunity to question the First Minister on this announcement,” she said.
“The question of a second independence referendum, particularly in light of the UK’s decision to leave the European Union, is one that has attracted significant public discussion and is critical to the future of our country.
“It is not acceptable that MSPs will not have an opportunity to question the government on a plan of such significance, possibly for as much as a week after publication.”
A spokesman for Mr Mackay said: “This is a silly, incoherent attack from an increasingly pointless Labour Party.
“The announcement that a referendum Bill would be published for consultation was already made to Parliament last month in our Programme for Government – and, of course, the whole point of having a public consultation is to enable proper scrutiny.
“Every single part of Scotland voted to Remain in the EU but a Tory government with just one MP out of 59 here wants to drag us out of Europe – so rather than acting as the Tories’ little helpers, Labour’s time would be better spent working with the SNP to ensure all possible options are kept open to respect that vote.”
A Scottish Parliament spokesman said: “The presiding officer will respond to Kezia Dugdale at his earliest opportunity.”