Nicola Sturgeon has declared she will not "allow Scottish democracy to be a prisoner of Westminster" after the Supreme Court struck down her referendum plan.
A panel of five judges in London unanimously ruled yesterday the Scottish Parliament does not have the power to organise an IndyRef2 without the prior agreement of the UK Government.
It means the SNP leader cannot proceed with her plan to hold a second national vote on independence on October 19 next year. The First Minister said she would now proceed with her Plan B of using the next UK general election as a "de facto" referendum.
Speaking at a press conference in Edinburgh after the Supreme Court judgement, Sturgeon said her "preferred option" remained the Scottish and UK Governments reaching an agreement over how an IndyRef2 could take place.
She added: "What I'm not prepared to do is to allow Scottish democracy to be a prisoner of Westminster, which effectively means Scottish democracy doesn't exist.
"Therefore, I'm going to seek to find a way in which the people of Scotland can express their views, whatever that view turns out to be. I will argue the case for that view to be in favour of independence.
"If we win, then Scotland becomes independent. But if we don't, we don’t, and that is just the basic fact that the independence movement has to - and does - understand. That it is our duty to make and win the case for independence."
Sturgeon also vowed to continue pushing for independence. "As long as there is breath in my body, I refuse to give up on the basic principle of democracy," she added.
"No party can dictate the basis on which people cast their votes. But a party can be, indeed should be, crystal clear about the purpose for which it is seeking popular support.
“In this case, for the SNP that will be to establish – just as in a referendum – majority support in Scotland for independence so that we can then achieve independence."
The SNP will hold a conference in the New Year to thrash out details over how exactly the party will campaign at the next general election, which is expected to be held in 2024.
The Supreme Court issued its long-awaited ruling at 9.45am yesterday morning after hearing arguments from lawyers representing Westminster and Holyrood last month.
Sturgeon ordered Scotland's top law officer, the Lord Advocate, to refer the case to the top court in a bid to break the constitutional log-jam. But Lord Reed, the Supreme Court president, delivered a firm rejection of the Scottish Government's arguments.
Asked whether votes for the Scottish Greens and the Alba party would count towards the pro-independence mandate, Sturgeon said the SNP’s conference would determine such matters.
Scottish Green MSP Ross Greer said in Holyrood on Wednesday that "every vote cast for pro-independence candidates at the 2024 general election will count towards that mandate for Scotland’s independence".
Sturgeon was also questioned on whether her plan for a de facto referendum is a "trap" for the independence movement which could kill off hopes for independence for years if she fails to secure 50% of the vote.
The First Minister said she has dedicated much of her life to the cause of independence, saying a de facto referendum is not her preferred option.
She added: "Anybody who says ‘we can’t do this because we might not win’. Well, if we can’t win then we don’t deserve to be independent. I can’t imagine anybody doesn’t grasp that central basic fact of democracy."
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