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Decisive hearing in independence camp court battle Parliament lawyers tell judge IndyCamp should not be permanent
(about 13 hours later)
Holyrood independence campaigners are set for what could be their final court battle against the Scottish Parliament's bid to evict them. Protesters camped outside the Scottish Parliament do not need to be there permanently, a judge has been told.
Members of the IndyCamp group are back in the Court of Session for a hearing which could last up to three days. Lawyers for Holyrood's corporate body argued there were alternative ways to protest.
Lord Turnbull wants to hear evidence on whether evicting the camp would be a "proportionate" response, with regard to their human rights. Lord Turnbull is being asked to decide whether evicting the IndyCamp group is a "proportionate" response, with regard to their human rights.
The parliament's corporate body has taken legal action to remove the camp. IndyCamp was set up in November 2015 with the aim of continuing until Scottish independence.
The IndyCamp was set up in November 2015, with the aim of staying in place until Scotland is declared independent. In his address to the Court of Session on Wednesday, Gerry Moynihan QC - who is acting on behalf of the parliament - said there was a distinction between restricting freedom of expression and restricting the precise manner of expression.
The corporate body argueed they were taking up space which could be used by others and endangering the political neutrality of the parliamentary estate. He added that there were plenty of ways for the campers to make their point and protest "without a permanent encampment".
Case not adjourned
Earlier, Lord Turnbull had dismissed a bid by the IndyCampers to adjourn the case.
They had been hoping to secure legal aid in order to pay for their court fight.
The corporate body of the Scottish Parliament argued that the group was taking up space which could be used by others. It also suggested that it is endangering the political neutrality of the parliamentary estate.
A series of legal debates has seen the campers put forward defences based on the Declaration of Arbroath, the Treaty of Union and the rights of indigenous peoples.A series of legal debates has seen the campers put forward defences based on the Declaration of Arbroath, the Treaty of Union and the rights of indigenous peoples.
At the last hearing, one respondent said the camp was a "spiritual mission" authorised by the returned "Jesus Christ the Second", and said they would like to call the Queen as a witness.At the last hearing, one respondent said the camp was a "spiritual mission" authorised by the returned "Jesus Christ the Second", and said they would like to call the Queen as a witness.
Lord Turnbull has warned the group that he only wants to hear arguments based on human rights in the next hearing.
Written affidavits by both sides will be heard by the court, before a legal argument about them.