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Daily Record
Politics
Chris McCall & Peter Davidson

Supreme Court rules against Scottish Government in IndyRef2 case in huge blow for Nicola Sturgeon

Nicola Sturgeon's plan to hold an independence referendum next year has suffered a major set-back after judges ruled the Scottish Parliament does not have the required legal powers.

The Supreme Court in London issued its long-awaited ruling today after hearing arguments from lawyers representing Westminster and Holyrood last month.

Nicola Sturgeon ordered Scotland's top law officer, the Lord Advocate, to refer the case to the top court in central London in a bid to break the constitutional log-jam.

But Lord Reed, the Supreme Court president, said today: "The Scottish Parliament does not have the power to legislate for a referendum on Scottish independence."

Nicola Sturgeon is now expected to push ahead with her party's "plan B' and make make the next general election a "de facto" referendum on independence.

In a statement read out in the Supreme Court, Lord Reed 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."

In response to the court ruling, Nicola Sturgeon said: "While disappointed by it I respect ruling of the Supreme Court - it doesn't make law, only interprets it.

"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 and makes case for independence."

Lord Reed, the president of the Supreme Court, delivered the ruling (Supreme Court)

Anas Sarwar, Scottish Labour leader, said: "It was right for the Scottish Government to seek legal clarity on this question. The Supreme Court's answer was clear and I thank them for their speedy work in this case.

"We must now focus on the problems facing our country, from rising bills to the crisis in our NHS. 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. A Labour government will deliver the change that Scotland and the whole of the UK needs."

Patrick Harvie, the Scottish Greens co-leader, said: "We respect the decision of the Court. But it does nothing to alter the principle that Scotland’s future must be determined by the people of Scotland.

"There is a clear and democratic mandate for a second referendum that grows every day as the devastation of a Brexit that was overwhelmingly rejected by Scotland escalates. The UK Government must not be allowed to hide from democracy."

Alex Cole-Hamilton, Scottish Lib Dem leader, said: "This is an embarrassing defeat for the First Minister.

"Scores of legal experts warned that the law is clear and that this case was a complete waste of Supreme Court time and taxpayers’ money, but the Scottish Government would not listen.

"It has been a terrible use of funds at a time when every penny should be squeezed to help people through the cost of living crisis. Breaking up the UK simply isn’t a priority for people opening their bills with dread or struggling to get the treatment they need.

"I have lost count of how many times the First Minister has launched independence campaigns, each with less energy and momentum than the last. While Nicola Sturgeon goes through the motions people wait days for an ambulance, months for NHS treatment and years for lifeline ferries.

"It is time the SNP Government finally focus on what really matters. What Scotland needs now is new hope not old divisions."

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