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| UK government submits indyref2 argument to Supreme Court | UK government submits indyref2 argument to Supreme Court |
| (6 months later) | |
| The UK government has submitted its argument in a case that could allow the Scottish Parliament to legislate for another independence referendum. | The UK government has submitted its argument in a case that could allow the Scottish Parliament to legislate for another independence referendum. |
| The submission from the Advocate General comes ahead of a full hearing on the case in October. | The submission from the Advocate General comes ahead of a full hearing on the case in October. |
| UK law officers argue the constitution is reserved to Westminster. | UK law officers argue the constitution is reserved to Westminster. |
| Last month, the Scottish government published its case, arguing the referendum is "advisory" and would have no legal effect on the union. | Last month, the Scottish government published its case, arguing the referendum is "advisory" and would have no legal effect on the union. |
| The hearing will take place in London on 11 and 12 October when oral arguments will be heard. | The hearing will take place in London on 11 and 12 October when oral arguments will be heard. |
| SNP formally bid to intervene in indyref2 Supreme Court case | SNP formally bid to intervene in indyref2 Supreme Court case |
| Lord Advocate publishes indyref2 argument to Supreme Court | Lord Advocate publishes indyref2 argument to Supreme Court |
| What are the questions facing the Supreme Court? | What are the questions facing the Supreme Court? |
| Scotland's top law officer Lord Advocate Dorothy Bain QC referred a prospective referendum Bill to the Supreme Court last month to ascertain if it was within the powers of the Scottish parliament. | Scotland's top law officer Lord Advocate Dorothy Bain QC referred a prospective referendum Bill to the Supreme Court last month to ascertain if it was within the powers of the Scottish parliament. |
| It is understood the UK government has asked for the Court's permission to publish the submission by the Advocate General for Scotland Lord Stewart QC. | It is understood the UK government has asked for the Court's permission to publish the submission by the Advocate General for Scotland Lord Stewart QC. |
| A spokeswoman for the UK government said: "People across Scotland want both their governments to be working together on the issues that matter to them and their families, not talking about another independence referendum. | A spokeswoman for the UK government said: "People across Scotland want both their governments to be working together on the issues that matter to them and their families, not talking about another independence referendum. |
| "We have today submitted our written case to the Supreme Court, in accordance with its timetable. | "We have today submitted our written case to the Supreme Court, in accordance with its timetable. |
| "On the question of legislative competence, the UK government's clear view remains that a Bill legislating for a referendum on independence would be outside the legislative competence of the Scottish parliament." | "On the question of legislative competence, the UK government's clear view remains that a Bill legislating for a referendum on independence would be outside the legislative competence of the Scottish parliament." |
| Advocate General for Scotland Lord Stewart QC has submitted the UK government's argument | Advocate General for Scotland Lord Stewart QC has submitted the UK government's argument |
| In its submission to the court, submitted last month, the Scottish government leaned heavily on any future referendum not being "self-executing", meaning it would be purely advisory and only meant as a way to ascertain the views of the Scottish people. | In its submission to the court, submitted last month, the Scottish government leaned heavily on any future referendum not being "self-executing", meaning it would be purely advisory and only meant as a way to ascertain the views of the Scottish people. |
| The SNP have also made an attempt to intervene in the case, arguing that - as a public body - it would be "fair, just and reasonable" for the party to make arguments to the Court. | The SNP have also made an attempt to intervene in the case, arguing that - as a public body - it would be "fair, just and reasonable" for the party to make arguments to the Court. |
| The party presented its case in a 15-page submission to the court by lawyers Claire Mitchell QC and David Welsh. | The party presented its case in a 15-page submission to the court by lawyers Claire Mitchell QC and David Welsh. |
| The rules of the court, the submission says, allow for "any official body or non-governmental organisation seeking to make submissions in the public interest" to apply to intervene. | The rules of the court, the submission says, allow for "any official body or non-governmental organisation seeking to make submissions in the public interest" to apply to intervene. |
| On the substance of the case, the SNP submission raises a number of issues, including the party's past manifesto commitments, which were made before elections which it won. | On the substance of the case, the SNP submission raises a number of issues, including the party's past manifesto commitments, which were made before elections which it won. |
| The submission also argues the right to self-determination is one that is "fundamental and inalienable". | The submission also argues the right to self-determination is one that is "fundamental and inalienable". |
| Lord Advocate Dorothy Bain QC summarised both sides of the case in her written argument | Lord Advocate Dorothy Bain QC summarised both sides of the case in her written argument |
| The Scottish government wants judges to settle whether MSPs could legislate for a vote on Scottish independence without Westminster's backing. | The Scottish government wants judges to settle whether MSPs could legislate for a vote on Scottish independence without Westminster's backing. |
| UK law officers argue this is premature, and want the case thrown out without a ruling either way. | UK law officers argue this is premature, and want the case thrown out without a ruling either way. |
| Supreme Court judges have said they want to hear the full arguments from both sides before coming to a decision. | Supreme Court judges have said they want to hear the full arguments from both sides before coming to a decision. |
| First Minister Nicola Sturgeon wants to hold an independence vote on 19 October 2023, and is pushing for an agreement with the UK government to allow this. | First Minister Nicola Sturgeon wants to hold an independence vote on 19 October 2023, and is pushing for an agreement with the UK government to allow this. |
| UK ministers are opposed to this, so Ms Sturgeon wants the Supreme Court to rule on whether Holyrood alone has the power to hold a vote. | UK ministers are opposed to this, so Ms Sturgeon wants the Supreme Court to rule on whether Holyrood alone has the power to hold a vote. |
| Related Topics | |
| UK government | |
| Scottish independence | |
| UK Supreme Court |