The “uncertainty” around the legality of a second independence referendum is 'not good for Scotland or the UK', the Lord Advocate has said.

The text of the request from the Lord Advocate, Scotland’s most senior law officer, to the Supreme Court of the United Kingdom over an independence referendum has been published.

Dorothy Bain, Lord Advocate, has asked the highest court to determine whether it is competent for the Scottish Parliament to debate and vote on a Bill to hold an independence referendum.

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In the request, she states the SNP was elected on a manifesto commitment to hold a second referendum.

She also notes that Scottish Greens have nine MPS and are in an agreement to govern with the SNP and it also stood on a manifesto commitment to hold a referendum.

In the reference, Ms Bain said Nicola Sturgeon had asked for the matter to be referred to the court

She said: “The First Minister, recognising that the question of whether a Bill providing for an advisory referendum on independence relates to reserved matters is contested, asked the Lord Advocate to consider making a reference under para.34 of Schedule 6.

“Having given this matter detailed consideration, the Lord Advocate has decided to make a reference.”

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In asking the court to decide on the issue, the Lord Advocate said: “There is a genuine issue of law that is unresolved.

“That issue of law is of exceptional public importance to the people of Scotland and the United Kingdom; and It is directly relevant to a central manifesto pledge that the Scottish electorate has endorsed.”

She said the uncertainty was not good for Scotland or the UK.

The reference states: “The Scottish Government, the Scottish Parliament and the people of Scotland and the wider United Kingdom ought to have clarity on the scope of the relevant reservations on this issue of fundamental constitutional importance.

“Being questions of law, only this court can provide that clarity and unless the issue is judicially resolved there will remain uncertainty and scope for argument about the powers of the Scottish Parliament.

“That is not in the best interests of the people of Scotland or of the United Kingdom.

The specific request is: “Does the provision of the proposed Scottish Independence Referendum Bill that provides that the question to be asked in a referendum would be 'Should Scotland be an independent country?' relate to reserved matters? In particular, does it relate to: (i) the union of the kingdoms of Scotland and England and or (ii) the parliament of the United Kingdom.”

If the Supreme Court agrees it is a matter for the Scottish Parliament, then the First Minister will introduce the Bill to Holyrood.

If it says it is not, and needs Westminster legislation, Sturgeon said the SNP would contest the next UK General Election as a “de-factor referendum”.