The Supreme Court has ruled against the Scottish Government's request to hold a second independence referendum without the consent of the UK Government, it has been confirmed today.
The case was brought to the global court after First Minister Nicola Sturgeon set out plans to hold a second vote on independence on October 19, 2023. However, Supreme Court president Lord Reed told the court today: "he Scottish parliament does not have the power to legislate for a referendum on Scottish independence.”
This news means that the Scottish Government’s top law officer, the Lord Advocate, will not be able to clear the Bill for passage through the Scottish Parliament.
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So, what does this mean for Scotland's bid for independence from the Union to the United Kingdom? Read on below to find out more.
What happens with the 2023 indyref2?
The Supreme Court ruling means that the October 2023 indyref is now not able to go ahead without consent from the UK Government, headed by Prime Minister Rishi Sunak.
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. The UK Government, which is opposed to a second vote on independence, said it is “obvious” that the Bill relates a matter reserved to Westminster.
Its 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.
Will the battle for independence stop from the SNP?
It is arguably true that the UK Government will be pleased with the result of this ruling. But that doesn't mean that the question of Scottish independence will go away.
Nicola Sturgeon has tweeted today: "While disappointed by it I respect ruling of @UKSupremeCourt - 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 & makes case for Indy.
"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. I'll make a full statement later this morning - tune in around 11.30am."
You can tune into Twitter at 11:30am to hear the First Minister's full reaction to the independence referendum ruling.
Will there be another independence referendum?
Due to the Supreme Court ruling, the Scottish National Party and the Greens Party will need to re-think their plans on the constitutional question.
This 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 technically loans powers to the Scottish Parliament from UK's Westminster. The order was used before the first independence vote in 2014.
As things currently stand, it seems unlikely that a Section 30 order would be granted to the Scottish Government in time for a vote next year. This is due to 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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