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Scotland cannot hold second independence referendum – Supreme Court

The UK’s highest court has ruled that the Scottish Parliament cannot legislate for a second independence referendum without Westminster’s consent.

The case was brought to the court after First Minister Nicola Sturgeon set out plans to hold a second vote on independence on October 19, 2023.

But Supreme Court president Lord Reed said on Wednesday: “The Scottish parliament does not have the power to legislate for a referendum on Scottish independence.”

It means the Scottish Government’s top law officer, the Lord Advocate, will not be able to clear the Bill for passage through the 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.

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.

Responding to the news, Nicola Sturgeon tweeted: “While disappointed by it I respect ruling of the UK Supreme Court, 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.”

More to follow

Jack Peat

Jack is a business and economics journalist and the founder of The London Economic (TLE). He has contributed articles to VICE, Huffington Post and Independent and is a published author. Jack read History at the University of Wales, Bangor and has a Masters in Journalism from the University of Newcastle-upon-Tyne.

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