Prime Minister Andy Burnham has triggered a fresh row over Scottish independence after suggesting that a second referendum could be considered if majority public support for another vote emerged.
The comments came during Prime Minister's Questions, when SNP MP Chris Law challenged Burnham over the constitutional rights of Scotland compared with Northern Ireland.
Law pointed to the legal provision for a border poll in Northern Ireland and asked whether the people of Scotland should have an equal right to determine their constitutional future, with the conditions for another independence referendum set out in law.
Burnham replied by referring to the Good Friday Agreement and the circumstances in which a Northern Ireland border poll could be considered.
He then told MPs: “I would say exactly the same situation in Scotland. I am not aware that there is a majority of public support for another referendum and until that changes there won't be one.”
Swinney seizes on Burnham's remarks
Scotland's First Minister John Swinney immediately seized on the Prime Minister's wording, arguing that it represented a significant shift from Burnham's previous position.
Swinney said: “To go from ‘off limits’ to this is an acceptance of the reality that the people of Scotland will decide their own future – not the UK Government.”
He added that, in his view, Burnham had accepted for the first time since the 2014 independence referendum that majority support for another vote should mean one takes place.
Downing Street insists policy has not changed
Downing Street later insisted there had been no change in Government policy.
Burnham's press secretary said the Prime Minister had repeatedly made his position clear and pointed to his first call with Scottish First Minister John Swinney after entering Downing Street.
During that earlier exchange, Burnham said another independence referendum was “off limits”, while the Government has continued to state that Labour does not support Scottish independence or another referendum.
An official Downing Street account of Burnham's July call with the leaders of the devolved governments said the Prime Minister was focused on practical measures rather than “constitutional changes like further referendums”.
No automatic Scottish referendum trigger
Burnham's comparison with Northern Ireland does not itself create a legal mechanism for another Scottish referendum.
Northern Ireland has a specific statutory framework under which the Secretary of State must call a border poll if it appears likely that a majority would vote for Irish reunification.
Scotland has no equivalent automatic trigger.
The 2014 independence referendum was held after the UK and Scottish governments agreed a temporary transfer of powers under a Section 30 order.
A further referendum would therefore still require the UK Government to agree the legal route or Parliament to legislate for one.
Political pressure over constitutional position
The exchange is nevertheless politically significant because Burnham's wording appeared to link the possibility of another referendum to a change in public opinion.
That contrasts with the Government's repeated insistence that another vote is currently off the table and has handed the SNP a new argument in its campaign for independence.
Downing Street's clarification means there has been no formal change of policy, but the Prime Minister's remarks are likely to fuel further pressure for the Government to explain what, if anything, would constitute sufficient public support for another referendum.