The Supreme Court has ruled that the Scottish Parliament cannot legislate for a second independence referendum without the consent of Westminster.
The UK's highest court ruled on the case on - which was brought after First Minister Nicola Sturgeon set out plans to hold indyref2 on October 19, 2023- on Wednesday morning. And the decision did not got the way the Scottish Government had hoped, with the president of the Supreme Court Lord Reed said: "The Scottish parliament does not have the power to legislate for a referendum on Scottish independence.”
The decision means that the Scottish Government 's top law officer - the Lord Advocate - will not be able to clear the Bill for passage through Scottish Parliament. Dorothy Bain KC had referred the Scottish Independence Referendum Bill to the court, seeking its decision on whether Holyrood had the competence to pass the legislation.
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The UK Government is opposed to Scotland holding a second vote on independence, with Westminster saying it is "obvious" that the Bill relates a matter reserved by them. The UK Government's legal representative, Sir James Eadie KC, also argued that the Bill was at too early a stage for the court to issue a ruling on.
But what does this decision actually mean for the people of Scotland?
Could there still be a second Scottish Independence Referendum?
Since the court has ruled the draft Bill cover matters reserved by the United Kingdom Government, the Scottish National Part and Green Party will need to re-think plans on the constitutional question.
It means that a A Section 30 order will be required if First Minister Nicola Sturgeon is to proceed with a vote on Scotland's future next year.
What is a Section 30 order?
A Section 30 order effectively loans powers to the Scottish Parliament from Westminster. The order was used ahead of the first vote back in 2014.
As things stand, it looks unlikely that a Section 30 order would be granted to Nicola Sturgeon's Government in time for a vote in October 2023, with Prime Minister Rishi Sunak and his three predecessors all ruling it out. The leaders have instead argued that the result of the last referendum must be respected.
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