Scottish independence RECAP: Rishi Sunak will “look to” avoid Indyref2 as Downing Street veto de facto referendum post Supreme Court ruling

The Supreme Court has ruled against the Scottish Parliament holding new independence referendum – with Nicola Sturgeon set to make a “full statement” in response to the Supreme Court ruling this morning.

In a statement, the First Minister said a “de facto” referendum is the most obvious choice for a lawful vote on independence.

The SNP is not abandoning the independence route, “Westminster is blocking it”, the First Minister claimed as she said the Scottish Government will find a new way to hold a referendum.

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The UK Government does not agree with Nicola Sturgeon’s proposal to use the next election as a de facto referendum, Downing Street has said.

Rishi Sunak will “look to” avoid another Scottish independence referendum while he is Prime Minister, Downing Street said.Rishi Sunak will “look to” avoid another Scottish independence referendum while he is Prime Minister, Downing Street said.
Rishi Sunak will “look to” avoid another Scottish independence referendum while he is Prime Minister, Downing Street said.

Asked whether the Prime Minister agreed with the plan, his press secretary told reporters: “I don’t think that is the position of the UK Government.

“The Supreme Court’s decision today has been very clear.”

Announcing the Supreme Court’s unanimous decision, the court’s president Lord Reed said that legislation for a second independence referendum would relate to “reserved matters” and was therefore outside the powers of Holyrood.

He said: “A lawfully-held referendum would have important political consequences relation to the Union and the United Kingdom Parliament.

“Its outcome would possess the authority, in a constitution and political culture founded upon democracy, of a democratic expression of the view of the Scottish electorate.

“It would either strengthen or weaken the democratic legitimacy of the Union and of the United Kingdom Parliament’s sovereignty over Scotland, depending on which view prevailed, and would either support or undermine the democratic credentials of the independence movement.

“It is therefore clear that the proposed bill has more than a loose or consequential connection with the reserved matters of the Union of Scotland and England, and the sovereignty of the United Kingdom Parliament.”

On Wednesday morning, the panel of five justices will delivered their verdict, in the wake of hearing arguments on behalf of both the UK and Scottish governments last month.

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The Scottish Government’s top law officer, the Lord Advocate, asked the Supreme Court to rule on whether Holyrood has competence to legislate for the vote.

During a two-day hearing in October, Dorothy Bain KC said resolving the legality of the proposed Scottish Independence Referendum Bill is a “critically important question”

The UK Government’s representative, Sir James Eadie KC, argued the Bill “squarely and directly” relates to a matter reserved to Westminster.

Nicola Sturgeon to make statement in response to Supreme Court ruling

There remains a number of possibilities for the ruling today - however, Time for Scotland will be hosting a series of rallies across Scotland with the main demonstration to take place outside the Scottish Parliament.

It really is shaping up to be a significant day in Scottish politics.

Nicola Sturgeon should “pause” her plans for a second independence referendum even if the Supreme Court rules it is within Holyrood’s power to hold one, the former head of strategy for Yes Scotland has said.

Stephen Noon said Scotland has not yet done the “nation-building” necessary to hold another vote.

He made the comments during an event at the University of Glasgow hosted by the UK in a Changing Europe, a research organisation based at King’s College London.

Rishi Sunak is facing MPs on his fourth PMQs on Wednesday.Rishi Sunak is facing MPs on his fourth PMQs on Wednesday.
Rishi Sunak is facing MPs on his fourth PMQs on Wednesday.

As well as the key judgement this morning, we will also have the ‘small matter’ of PMQs - which will likely see the judgment raised. Here’s what you need to know.

We are expecting an announcement shortly, so if you are just joining us here’s what you need to know.

The case was brought to the court after First Minister Nicola Sturgeon set out plans to hold a second vote on independence on October 19 2023.

The Scottish Government’s top law officer, the Lord Advocate, asked the court to rule on whether Holyrood has competence to legislate for the vote.

During a two-day hearing in October, Dorothy Bain KC said resolving the legality of the proposed Scottish Independence Referendum Bill is a “critically important question”.

She said she would not be able to “clear” the introduction of the Bill herself without the court’s ruling.

The Supreme Court normally sits in the Middlesex Guildhall in Westminster.The Supreme Court normally sits in the Middlesex Guildhall in Westminster.
The Supreme Court normally sits in the Middlesex Guildhall in Westminster.

“The First Minister would probably admit only in her wildest dreams does she believe the Supreme Court will rule in favour of the Scottish Government. Legal opinion is almost united in agreement that, should the case get that far, the court will rule in favour of the UK Government.”

As a subscriber you will of course be able to read our analysis and extensive coverage of the Supreme Court case - and what better time to do it when there is a sale on!

We are expecting some sort of judgement in under 10 minutes...