Scottish independence: Supreme Court ruling on Scottish independence referendum ‘some months away’

A ruling from the Supreme Court which could allow the Scottish Parliament to legislate for a second referendum on independence is likely to take “some months”

Two days have been set aside for the hearing at the Supreme Court in London, with the UK Government expected to respond on Wednesday.

The case concerns proposed legislation at the Scottish Parliament called the Scottish Independence Referendum Bill.

Lord Reed, the President of the Supreme Court, earlier told those following the hearing that it was likely to be “some months” before justices gave their ruling.

Demonstrators outside the Supreme Court in central London ahead of justices hearing arguments in a case which could allow the Scottish Parliament to legislate for a second referendum on independence. Picture date: Tuesday October 11, 2022.

He said that “despite the political context” of the case, the issues the court had to consider were “limited to technical questions of law”.

The first is whether the court should have jurisdiction over the case and, if it does, how it should answer the question over whether or not the proposed referendum Bill relates to “reserved matters” and is outside the Scottish Parliament’s legislative competence.

“The court will decide them by applying legal principle,” Lord Reed said.

He said justices had “more than 8,000 pages of written material to consider”.

Lord Reed added: “It is likely to be some months before we give our judgment.”

It is in the “public interest” that the UK’s Supreme Court resolves the issue of whether the Scottish Parliament can legislate for a second referendum on independence, justices have been told.

Scottish independence: What is the Scottish independence Supreme Court case in October? When are the hearings and who is involved?

Dorothy Bain KC, the Lord Advocate and the Scottish Government’s top law officer, began a hearing on Tuesday by outlining why she had referred the issue to the court in London.

She said it is of “exceptional importance” that the question of whether the Scottish Parliament can legislate for a second referendum on independence is resolved, the Supreme Court has been told.

She told a panel of five justices that it was “necessary” and “in the public interest” that the question of legislative competence was answered by the court.

Ms Bain told the court that a majority of Scottish MPs were elected in 2019, and MSPs in 2021, on manifesto commitments to hold a further referendum.

“The issue of Scottish independence is a live and significant one in Scottish electoral politics and the Scottish Government wish to introduce a bill in the Scottish Parliament to provide for the holding of a referendum,” she said.