Scotland’s First Minister Nicola Sturgeon said on Wednesday Britain's next general election would be a ‘de facto vote’ on Scottish independence after the Supreme court ruled the country does not have the power to hold a new referendum without the consent of the UK government.
Ms Sturgeon spoke after top judges ruled Scotland needs the approval of Westminster to push ahead with next year’s planned second referendum on independence.
First Minister Nicola Sturgeon has already laid out plans for a vote on October 19 next year to ask: “Should Scotland be an independent country?”.
But in a major blow to her fight for an independent Scotland, Supreme Court judges on Wednesday unanimously said Westminster must give final approval before a referendum can take place.
Ms Sturgeon said the judgement was a "tough pill for any independence supporter to swallow" but she believes the next general election can be used as a de-facto vote on independence.
"The next national election scheduled for Scotland is of course the UK General Election, making that both the first and the most obvious opportunity to seek what I described back in June, as a de facto referendum," she said.
"Now that the Supreme Court's ruling is known and de facto referendum is no longer hypothetical, it is necessary to agree the precise detail of the proposition we intend to put before the country," Ms Sturgeon said.
"Given the magnitude of these decisions for the SNP, the process of reaching them is one the party as a whole must be fully and actively involved in.
"I can therefore confirm that I will be asking our National Executive Committee to convene a special party conference in the new year to discuss and agree the detail of a proposed 'de facto referendum'.
"In the meantime, the SNP will launch and mobilise a major campaign in defence of Scottish democracy because we should be in no doubt that, as of today, democracy is what's at stake."
The ruling by the Supreme Court on Wednesday strengthens Prime Minister Rishi Sunak’s hand in future negotiations over the union, but has provoked condemnation from Scottish nationalists over the balance of power in the UK.
Reacting to the ruling, Ms Sturgeon said she is “disappointed” but said the ruling “makes case for” independence.
“A law that doesn’t allow Scotland to choose our own future without Westminster consent exposes as myth any notion of the UK as a voluntary partnership”, she said.
“Scottish democracy will not be denied. 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.”
Scottish National Party MP Angus MacNeil was at court for the ruling, and indicated on Twitter that the party will now seek to “use elections” to push ahead with the independence campaign.
Judgment will be handed down in the case UKSC 2022/0098 - Reference by the Lord Advocate - Scottish Independence Reference Bill - on Wednesday 23 November 2022, 9.45am https://t.co/CD8VJuOZTp pic.twitter.com/cUlS8Of07t
— UK Supreme Court (@UKSupremeCourt) November 16, 2022
Delivering the ruling on Wednesday morning, Lord Reed said: “The Scottish Parliament does not have the power to legislate for a referendum on Scottish independence.”
He rejected the argument that because the referendum would not be legally binding or result directly in the end of the union, that it is not legally a matter that needs a law change from Westminster.
“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 it 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.”
He told the court “reserved matters” which are held by Westminster include the future of the union and the UK’s Parliamentary sovereignty, both of which are being challenged.
In a statement issued after the court’s decision, the Scotland Secretary Alister Jack said the Government noted and respected the unanimous ruling.
He added: “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 focussed on issues like restoring economic stability, getting people the help they need with their energy bills, and supporting our NHS.
“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.”
Prime Minister Rishi Sunak was expected to respond to the Supreme Court’s decision when he faced Labour leader Sir Keir Starmer at Prime Minister’s Questions at lunchtime.
While the court’s decision is likely to fuel further calls from the SNP to allow Scotland to hold another referendum on independence, the ruling removes another potential flashpoint for Mr Sunak as he battles the cost of living crisis, a looming recession and a wave of strikes.
A vote on Scottish independence was held in 2014 with the permission of the UK government, but the case for Scotland remaining part of the union prevailed. The Scottish National Party has won all subsequent elections with a second referendum on the manifesto, and is now pushing to make the vote a reality.
A proposed Scottish Independence Referendum Bill has been announced, and Ms Sturgeon has promised to make independence the single issue of the SNP’s next election campaign.
Supreme Court justices were called on after a referral from Scotland’s top legal officer, Lord Advocate Dorothy Bain KC, who asked for a ruling on whether Holyrood has competence to legislate for the referendum.
Sir James Eadie KC, for the UK government, argued the Bill “squarely and directly” relates to a matter reserved to Westminster, but said judges should also reject the legal battle for being too premature.
Ahead of the ruling, a Scottish Government spokeswoman said: “There is a substantial majority in the Scottish Parliament in favour of an independence referendum and therefore a clear democratic mandate.
“However, as the First Minister has set out, there remains debate over whether the Scottish Parliament has the powers to legislate to hold a referendum.
“The Lord Advocate’s reference of this question to the Supreme Court was intended to achieve legal clarity on this point.”
