UK’s Supreme Court rejects Scottish independence referendum bid

The court ruled the Scottish government cannot hold a second vote on independence without approval from the British parliament
Scottish First Minister Nicola Sturgeon said she was disappointed with the decision that dealt a blow to her hopes of conducting the referendum next October

Britain

Reuters

Published: 6:55pm, 23 Nov 2022

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The United Kingdom’s top court ruled on Wednesday the Scottish government cannot hold a second referendum on independence next year without approval from the British parliament, dealing a hammer blow to nationalists’ hopes of holding a vote next year.

In 2014, Scots rejected ending the more-than 300-year-old union with England by 55 per cent to 45 per cent, but independence campaigners have argued the vote two years later for Britain to leave the European Union, which most Scottish voters opposed, has materially changed the circumstances.

Scottish First Minister Nicola Sturgeon, leader of the pro-independence Scottish National Party (SNP), said on Wednesday she was disappointed by the court ruling.

“While disappointed by it I respect ruling of @UKSupremeCourt – it doesn’t make law, only interprets it,” she wrote on Twitter.

“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.”

‘I am confident Scotland is going to become independent’: Nicola Sturgeon

Sturgeon announced earlier this year that she intended to hold an advisory independence vote on October 19, 2023, but that it had to be lawful and internationally recognised.

However, the British government in London has said it would not grant permission for another plebiscite, saying it should be a once-in-a-generation event. Polls suggest voters remain evenly split over whether they support independence and a vote would be too close to call.

The Scottish government’s most senior law officer had asked the UK Supreme Court whether the Scottish government could pass legislation paving the way for an advisory second referendum without the approval of the UK parliament.

The court ruled it could not.

“The Scottish parliament does not have the power to legislate for a referendum on Scottish independence,” Robert Reed, the president of the UK Supreme Court, said.

The Union flag (left) and the Saltire, the national flag of Scotland, fly over Whitehall in London. Photo: EPA

Under the 1998 Scotland Act, which created the Scottish parliament and devolved some powers from Westminster, all matters relating to the Union of the Kingdoms of Scotland and England are reserved to the UK parliament.

Britain’s minister for Scotland Alister Jack said on Wednesday that the government respected the Supreme Court’s ruling.

“We note and respect the unanimous ruling from the Supreme Court today,” Jack said in a statement.

“As the Prime Minister has made clear, we will continue to work constructively with the Scottish government in tackling all the challenges we share and face.”

While the court’s decision will disappoint nationalists, it will be far from the end of the question.

Sturgeon had already promised that defeat in the Supreme Court would mean her party would fight the next UK-wide election, due to be held in 2024, solely on a platform of whether Scotland should be independent, making it a “de facto” referendum.