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Scottish government loses indyref2 court case Scottish government loses indyref2 court case
(32 minutes later)
Supreme Court president Lord Reed read the verdict of the justicesSupreme Court president Lord Reed read the verdict of the justices
Supreme Court president Lord Reed read the verdict of the justicesSupreme Court president Lord Reed read the verdict of the justices
The Scottish government cannot hold an independence referendum without the UK government's consent, the Supreme Court has ruled.The Scottish government cannot hold an independence referendum without the UK government's consent, the Supreme Court has ruled.
First Minister Nicola Sturgeon wants to hold a referendum on 19 October next year.First Minister Nicola Sturgeon wants to hold a referendum on 19 October next year.
But the court ruled unanimously that she does not have the power to do so.But the court ruled unanimously that she does not have the power to do so.
The UK government has so far refused to grant the formal consent for a vote that was in place before the referendum in 2014.The UK government has so far refused to grant the formal consent for a vote that was in place before the referendum in 2014.
Court president Lord Reed said the laws that created the devolved Scottish Parliament in 1999 meant it did not have the power to legislate on areas of the constitution including the union between Scotland and England. Court president Lord Reed said the laws that created the devolved Scottish Parliament in 1999 meant it did not have power over areas of the constitution including the union between Scotland and England.
And he rejected the Scottish government's argument that any referendum would be "advisory" and would have no legal effect on the union, with people simply being asked to give their opinion on whether or not Scotland should become an independent country. These issues are reserved to the UK Parliament, he said, and in absence of an agreement between the two governments the Scottish Parliament is therefore unable to legislate for a referendum.
The judge said the Scottish government proposed referendum bill therefore relates to a matter that is reserved to the UK Parliament. He also rejected the Scottish government's argument that any referendum would simply be "advisory" and would have no legal effect on the union, with people only being asked to give their opinion on whether or not Scotland should become an independent country.
LIVE: UK's senior judges rule on Scottish vote powerLIVE: UK's senior judges rule on Scottish vote power
The judgement is clear but not what Sturgeon wantedThe judgement is clear but not what Sturgeon wanted
Read the full Supreme Court rulingRead the full Supreme Court ruling
In the absence of an agreement between the two governments, the Scottish Parliament does not have the power to legislate for a referendum, he said. Lord Reed said: "A lawfully held referendum would have important political consequences relating to the union and the United Kingdom Parliament.
Lord Reed added: "A lawfully held referendum would have important political consequences relating 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.""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."
Ms Sturgeon tweeted that she was disappointed by the decision but respected the ruling of the court, and stressed that the judges do not make the law and only interpret it.Ms Sturgeon tweeted that she was disappointed by the decision but respected the ruling of the court, and stressed that the judges do not make the law and only interpret it.
She said that "Scottish democracy will not be denied" and added: "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". She said that "Scottish democracy will not be denied", adding: "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".
2/ 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 11.30am2/ 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
The first minister is due to speak to the media shortly, and a series of pro-independence rallies will be held in towns and cities across Scotland on Wednesday evening. Ms Sturgeon has previously said she would use the next general election as a "de facto referendum" if the court ruling went against her, with the SNP fighting the election on the single issue of independence.
Recent opinion polls have suggested that Scotland is essentially split down the middle on the independence question, but with a very narrow majority in favour of staying in the UK. The first minister was to hold a media conference on Wednesday morning, and a series of pro-independence rallies will be held in towns and cities across Scotland on Wednesday evening.
Ms Sturgeon has said she will use the next general election as a "de facto referendum" if the court ruling goes against her, with the SNP fighting the election on the single issue of independence. Recent opinion polls have suggested that the country is essentially split down the middle on the independence question, but with a very narrow majority in favour of staying in the UK.
The Secretary of State for Scotland, Alister Jack, said the UK government was committed to working with the Scottish government on the "issues that matter most to people in Scotland".The Secretary of State for Scotland, Alister Jack, said the UK government was committed to working with the Scottish government on the "issues that matter most to people in Scotland".
Mr Jack said: "People in Scotland want both their governments to be concentrating all attention and resources on the issues that matter most to them.Mr Jack said: "People in Scotland want both their governments to be concentrating all attention and resources on the issues that matter most to them.
"That's why we are focussed on issues like restoring economic stability, getting people the help they need with their energy bills, and supporting our NHS.""That's why we are focussed on issues like restoring economic stability, getting people the help they need with their energy bills, and supporting our NHS."
A series of pro-independence rallies will be held in towns and cities across Scotland on Wednesday eveningA series of pro-independence rallies will be held in towns and cities across Scotland on Wednesday evening
Scottish Labour leader Anas Sarwar said there was not a majority in Scotland for either a referendum or independence, but there there was a "majority in Scotland and across the UK for change".Scottish Labour leader Anas Sarwar said there was not a majority in Scotland for either a referendum or independence, but there there was a "majority in Scotland and across the UK for change".
The case was referred to the Supreme Court by Lord Advocate Dorothy Bain KC, the Scottish government's top law officer.The case was referred to the Supreme Court by Lord Advocate Dorothy Bain KC, the Scottish government's top law officer.
Ms Bain said at the time that she did not have the "necessary degree of confidence" that Holyrood would have the power to pass legislation for a referendum without UK government consent.Ms Bain said at the time that she did not have the "necessary degree of confidence" that Holyrood would have the power to pass legislation for a referendum without UK government consent.
She said the issue was of "exceptional public importance" and asked the UK's top court to provide a definitive ruling.She said the issue was of "exceptional public importance" and asked the UK's top court to provide a definitive ruling.
The court heard two days of legal arguments from both the UK and Scottish governments last month, with its ruling being delivered just six weeks later - earlier than many experts had expected.The court heard two days of legal arguments from both the UK and Scottish governments last month, with its ruling being delivered just six weeks later - earlier than many experts had expected.
The independence referendum in 2014, in which voters backed remaining in the UK by 55% to 45%, was possible because the UK government agreed to temporarily transfer the necessary powers to the Scottish Parliament to allow the vote to be held through what is known as a Section 30 order.
Clarity was what Nicola Sturgeon asked for and clarity is what she now has from the UK Supreme Court.Clarity was what Nicola Sturgeon asked for and clarity is what she now has from the UK Supreme Court.
The judges have made clear that the law does not allow Holyrood to legislate for an independence referendum without Westminster's agreement.The judges have made clear that the law does not allow Holyrood to legislate for an independence referendum without Westminster's agreement.
That means there will not be an indyref2 on 19 October 2023, as the Scottish government had planned.That means there will not be an indyref2 on 19 October 2023, as the Scottish government had planned.
SNP ministers will accept the judgement and respect the law. A wildcat ballot in the Catalan-style is not an option.SNP ministers will accept the judgement and respect the law. A wildcat ballot in the Catalan-style is not an option.
A legal referendum can only happen if the first minister somehow persuades the prime minister to abandon his opposition.A legal referendum can only happen if the first minister somehow persuades the prime minister to abandon his opposition.
There's little prospect of that happening in the short term, so the renewed campaign for independence just became a longer haul.There's little prospect of that happening in the short term, so the renewed campaign for independence just became a longer haul.
Read more here