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Supreme Court judges hear indyref2 arguments Supreme Court asked to resolve question over indyref2 powers
(about 1 hour later)
Inside the indyref2 Supreme Court caseInside the indyref2 Supreme Court case
Inside the indyref2 Supreme Court caseInside the indyref2 Supreme Court case
The UK's highest court is hearing arguments on whether Holyrood can set up a Scottish independence referendum without the agreement of Westminster. The UK's highest court has been urged to resolve the "festering" issue of whether Holyrood can set up a Scottish independence referendum without the agreement of Westminster.
First Minister Nicola Sturgeon wants to hold such a vote on 19 October 2023, but the UK government opposes this. Two days have been set aside for the hearing at the Supreme Court in London.
Two days have been set aside for the hearing, with the outcome being issued within weeks or months. The Scottish government's top law officer, Lord Advocate Dorothy Bain, argued it was in the "public interest" to settle the question.
The Scottish and UK governments will make their cases before a panel of five judges at the Supreme Court in London. But the UK government wants the court to refuse to rule on the case.
UK law officers argue the constitution is reserved to Westminster and it is therefore a matter beyond the powers of the Scottish Parliament. It argues that the question is beyond the court's jurisdiction.
The Scottish government case argues the referendum is "advisory" and would have no legal effect on the Union. First Minister Nicola Sturgeon wants to hold an independence referendum on 19 October 2023, but this is opposed by the UK government.
Live coverage of the Supreme Court hearing
The indyref2 questions facing the Supreme CourtThe indyref2 questions facing the Supreme Court
How will indyref2 compare with 2014?How will indyref2 compare with 2014?
Sturgeon proposes 19 October 2023 for referendumSturgeon proposes 19 October 2023 for referendum
A written submission from the SNP will also be considered. This document stresses the right to self determination, stating that it must inform the interpretation of the Scotland Act 1998. The Scottish government case in the Supreme Court argues the referendum is "advisory" and would have no legal effect on the Union.
UK law officers argue the constitution is reserved to Westminster and it is therefore a matter beyond the powers of the Scottish Parliament.
Ms Bain said former Lord Advocate Lord Mackay of Drumadoon had predicted that this would become a "festering issue" - and that he had been proved correct.
She said she could not allow a referendum bill to go before the Scottish Parliament because she does not have "necessary degree of confidence" that it falls within devolved power.
Lord Advocate Dorothy Bain is the Scottish government's top law officer
"I do not consider that it is in the public interest that on an issue of law of this exceptional public importance to the people of Scotland and the United Kingdom that I should be in effect the arbiter," Ms Bain said.
"It is not constitutionally appropriate that a law officer perform such a function.
"Only this court can provide an authoritative ruling and certainty and provide certainty and clarity to the Scottish government, the Scottish Parliament and the electorate."
Earlier, the Supreme Court's senior judge, Lord Reed, warned that the hearing was just the "tip of the iceberg".
He explained there are more than 8,000 pages of written material and it is likely to be some months before the judgement is delivered.
The case is being heard by a panel of five judges.
Ms Sturgeon used her speech at the SNP party conference on Monday to reiterate her commitment to making Scotland an independent country, saying it was "essential to escape Westminster control and mismanagement" and return to the EU.Ms Sturgeon used her speech at the SNP party conference on Monday to reiterate her commitment to making Scotland an independent country, saying it was "essential to escape Westminster control and mismanagement" and return to the EU.
She has repeatedly said her preference would be to proceed with the agreement of the UK government, as happened ahead of the referendum in 2014 when a "section 30 order" was granted giving Holyrood the power to hold such a vote.She has repeatedly said her preference would be to proceed with the agreement of the UK government, as happened ahead of the referendum in 2014 when a "section 30 order" was granted giving Holyrood the power to hold such a vote.
The court hearing began on Tuesday morning
Prime Minister Liz Truss and her recent Conservative predecessors, however, have refused to grant such permission, arguing that now is not time for another independence vote.Prime Minister Liz Truss and her recent Conservative predecessors, however, have refused to grant such permission, arguing that now is not time for another independence vote.
In an attempt to break this deadlock, Lord Advocate Dorothy Bain - the Scottish government's top law officer - has asked the Supreme Court to rule on whether MSPs could set up a referendum themselves.
Ms Sturgeon has said she would respect the judgement of the court but if the ruling goes against the Scottish government, she would then fight the next general election solely on the issue, making it a de facto independence vote.Ms Sturgeon has said she would respect the judgement of the court but if the ruling goes against the Scottish government, she would then fight the next general election solely on the issue, making it a de facto independence vote.
The court hearing began on Tuesday morning
The UK government is represented by the Advocate General for Scotland, Lord Keith Stewart KC, who will argue that an independence referendum plainly relates to reserved matters.The UK government is represented by the Advocate General for Scotland, Lord Keith Stewart KC, who will argue that an independence referendum plainly relates to reserved matters.
In August, he asked the Supreme Court to "decline to determine the reference", saying it was beyond the court's jurisdiction.In August, he asked the Supreme Court to "decline to determine the reference", saying it was beyond the court's jurisdiction.
However, he also argued that even if the court did decide it had jurisdiction over the matter, Holyrood would be unable to hold a lawful referendum.However, he also argued that even if the court did decide it had jurisdiction over the matter, Holyrood would be unable to hold a lawful referendum.
The Scotland Act states that "the Union of the Kingdoms of Scotland and England" is a reserved matter.The Scotland Act states that "the Union of the Kingdoms of Scotland and England" is a reserved matter.
A UK government spokesperson said: "People across Scotland want both their governments to be working together, focusing on the issues that matter to them, not talking about another independence referendum. A written submission from the SNP will also be considered by the court. This document stresses the right to self determination, stating that it must inform the interpretation of the Scotland Act 1998.
"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."
The five judges listed are Lord Reed, Lord Lloyd-Jones, Lord Sales, Lord Stephens and Lady Rose.The five judges listed are Lord Reed, Lord Lloyd-Jones, Lord Sales, Lord Stephens and Lady Rose.
The vote on independence in 2014 was held after Downing Street recognised a pro-referendum majority in the Scottish Parliament and granted formal consent for the poll.The vote on independence in 2014 was held after Downing Street recognised a pro-referendum majority in the Scottish Parliament and granted formal consent for the poll.
Scotland voted in favour of remaining in the three centuries old union by 55 per cent to 45 per cent but since then the UK has left the European Union against the wishes of most Scottish voters, a "material change" which the Scottish government says means the issue of independence should be tested at the ballot box again.Scotland voted in favour of remaining in the three centuries old union by 55 per cent to 45 per cent but since then the UK has left the European Union against the wishes of most Scottish voters, a "material change" which the Scottish government says means the issue of independence should be tested at the ballot box again.
The current UK government strongly disagrees, responding to a Holyrood election result last year, which saw voters returning another pro-referendum majority this time comprised of SNP and Green MSPs, by saying, simply, no.The current UK government strongly disagrees, responding to a Holyrood election result last year, which saw voters returning another pro-referendum majority this time comprised of SNP and Green MSPs, by saying, simply, no.
The political row which has followed is now a legal dispute.The political row which has followed is now a legal dispute.
If the Supreme Court also says no, Nicola Sturgeon intends to take her case for leaving the UK directly to the people of Scotland at the next general election although she has not set out exactly how that would work in practice.If the Supreme Court also says no, Nicola Sturgeon intends to take her case for leaving the UK directly to the people of Scotland at the next general election although she has not set out exactly how that would work in practice.
Her opponents say the de facto referendum plan is illegitimate and would not provide a mandate for Scotland to negotiate its exit from the UK.Her opponents say the de facto referendum plan is illegitimate and would not provide a mandate for Scotland to negotiate its exit from the UK.
But with the polls split more or less down the middle on the question of independence, the issue looks set to dominate Scottish politics for years to come, whatever the judges decide.But with the polls split more or less down the middle on the question of independence, the issue looks set to dominate Scottish politics for years to come, whatever the judges decide.