Scottish independence RECAP: Rishi Sunak will “look to” avoid Indyref2 as Downing Street veto de facto referendum post Supreme Court ruling
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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Hide AdThe UK Government does not agree with Nicola Sturgeon’s proposal to use the next election as a de facto referendum, Downing Street has 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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Hide AdThe 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
Plaid Cymru’s Westminster leader Liz Saville Roberts said: “This ruling exposes the fundamentally undemocratic nature of Westminster rule.
“It is time for the UK Government to guarantee the right to self-determination for all the devolved nations.”
Dorothy Bain KC, the Lord Advocate and the Scottish Government’s top law officer, had referred to the court the question of whether the Scottish Parliament has competence to legislate for the vote.
Lawyers for the UK Government argued that a proposed Bill that would enable another vote was at too early a stage for the court to issue a ruling on.
In their written judgment, the Supreme Court justices concluded: “The reference has been made in order to obtain an authoritative ruling on a question of law which has already arisen as a matter of practical importance.
“It is a question on which the Lord Advocate has to advise ministers. The answer to the question will have practical consequences: it will determine whether the proposed Bill is introduced into the Scottish Parliament or not.
“The question is therefore not hypothetical, academic or premature.”
Justices added: “It is understandable that the Lord Advocate should have decided that it should be referred to this court in the public interest.”
Reacting to the Supreme Court ruling, Nicola Sturgeon added that “Scottish democracy will not be denied”.
She stated: “Today’s ruling blocks one route to Scotland’s voice being heard on independence – but in a democracy our voice cannot and will not be silenced.”
Ms Sturgeon added she would be making a “full statement” in response to the Supreme Court ruling at 11.30am.
Scottish Labour leader Anas Sarwar said the Supreme Court had given a clear answer on the legal question and “we must now focus on the problems facing our country, from rising bills to the crisis in our NHS”.
He said: “There is not a majority in Scotland for a referendum or independence, neither is there a majority for the status quo.
“One thing is clear, there is a majority in Scotland and across the UK for change.”
That change could be delivered by a Labour government, he claimed.
Former Scottish Conservative leader Baroness Davidson warned the SNP would seek to “leverage this ruling for further grievance” against Westminster.
She tweeted: “While this ruling isn’t surprising, its unanimity and clarity is welcome.
“No doubt the SNP will try to leverage this ruling for further grievance.
“If only the huge effort, capacity & resource spent bidding to rerun the original vote had been put into health, education and
the economy.”
Douglas Ross said the Supreme Court had delivered a “clear and unequivocal verdict”, and the SNP government must respect it.
“The Scottish people have made it clear in poll after poll that they don’t want another referendum next year,” he said.
“The country faces enormous challenges right now. Our economy and our NHS are in crisis.
“We have a wave of public-sector strikes – including the first teachers’ strike in almost four decades. These key issues must be everyone’s top priority.
“Holding another divisive referendum next year is the wrong priority at the worst possible time for Scotland.”
Scottish Secretary Alister Jack said UK ministers “note and respect the unanimous ruling from the Supreme Court today”.
The Conservative MP said: “People in Scotland want both their governments to be concentrating all attention and resources on the issues that matter most to them.
“That’s why we are focused on issues like restoring economic stability, getting people the help they need with their energy bills and supporting our NHS.
“Today alone, 11.6 million UK pensioners – around one million in Scotland – are starting to receive up to £600 to help with their energy bills this winter.
“As the Prime Minister has made clear, we will continue to work constructively with the Scottish Government in tackling all the challenges we share and face.”