London Daily

Focus on the big picture.
Sunday, May 11, 2025

Independence referendum: Scottish government loses indyref2 court case

Independence referendum: Scottish government loses indyref2 court case

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.

But the court ruled unanimously that she does not have the power to do so because the issue is reserved to Westminster.

The UK government has refused to grant formal consent for a referendum.

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.

These issues are the responsibility of 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.

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.

Lord Reed said: "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.

"It is therefore clear that the proposed Bill has more than a loose or consequential connection with the reserved matters of the Union of Scotland and England, and the sovereignty of the United Kingdom Parliament."

Responding to the outcome, Ms Sturgeon said she was disappointed but respected the ruling of the court, and stressed that the judges do not make the law and only interpret it.

She added: "That is a hard pill for any supporter of independence, and surely indeed for any supporter of democracy, to swallow."

The first minister told a media conference that a referendum remained her preferred option, but in the absence of an agreement the SNP would use the next UK general election as a "de facto referendum" in an attempt to demonstrate that a majority of people in Scotland support independence.

The "precise detail" of how this would work will now be a matter for the party to debate, she said, with a special conference to be held in the new year.

Ms Sturgeon said: "We must and we will find another democratic, lawful means for Scottish people to express their will" and accused the UK government of "democracy denial".

Nicola Sturgeon addressed a rally by independence supporters outside the Scottish Parliament on Wednesday evening

A series of pro-independence rallies were held in towns and cities across Scotland on Wednesday evening, with Ms Sturgeon addressing a crowd that gathered outside the Scottish Parliament.

She told the rally that the independence movement would now become "Scotland's democracy movement".

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.

However the SNP and Greens form a pro-independence majority in the Scottish Parliament.

Prime Minister Rishi Sunak welcomed the "clear and definitive ruling" from the Supreme Court.

Speaking at Prime Minister's Questions, he said: "The people of Scotland want us to be working on fixing the major challenges that we collectively face, whether that's the economy, supporting the NHS or indeed supporting Ukraine.

"Now is the time for politicians to work together and that's what this government will do."

Downing Street later said Mr Sunak will seek to avoid another referendum while he is prime minister.

His press secretary told reporters: "I think that would be something that we would look to do."

She added that there had been a "once-in-a-generation referendum not too long ago and that result should be respected".

Rallies were held in several towns and cities across Scotland


Scottish Labour leader Anas Sarwar said there was not a majority in Scotland for either a referendum or independence, but 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.

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.

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.


Supreme Court president Lord Reed read the verdict of the justices





Newsletter

Related Articles

0:00
0:00
Close
Trump fires director of U.S. Copyright Office, sources say
Retired British police officer arrested over ‘thought crime’ tweet
Cardinal Robert Prevost Elected as Pope Leo XIV, Marking a Historic Papacy
Newark Mayor Ras Baraka Arrested at ICE Facility Amid Congressional Visit
India-Pakistan conflict may be first test for Chinese military tech
Bill Gates Announces Plan to Wind Down Philanthropic Foundation and Disperse Wealth
Historic Papal Conclave Set to Commence in Rome
Huge Copper, Gold, and Silver Discovery in Argentina and Chile — But the Profits Go Abroad
Prince Harry is pleading for reconciliation — but the royals are just as sick of his victimhood as everyone else
The Road to Freedom: She Protested Putin, Escaped House Arrest, and Survived a 2,800-Kilometer Journey
OpenAI's Flip-Flop: No Longer Going Commercial, Back to Nonprofit, After Musk Lawsuit and Backlash
“Trump Supporter” Aims to Bring a MAGA-Style Shift to Romania
First From China: Zhao Xintong Wins the Snooker World Championship
Nvidia Faces Billion-Dollar Losses – Warns: China Is on Its Way to Becoming an AI Superpower
Trump Rules Out Third Term, Names JD Vance and Marco Rubio as Potential Successors
Mexico Says ‘No’ to U.S. Troops: President Sheinbaum Rejects Trump’s Offer to Fight Cartels
Nigel Farage’s Reform UK Storms the Map, Wrecking the Two-Party Monopoly
DOGE: Reimagining Government Operations with AI
Common Sense Returns to Britain's Legal System: UK Supreme Court Declares a Woman Is… a Woman
Beijing Says U.S. Is ‘Reaching Out’ for Tariff Talks Amid Soaring Trade Tensions
U.K. Court Rejects Prince Harry’s Final Appeal Over Police Security
Prince Harry’s Heartfelt Outburst Rocks the Royal Family
Trump Shares AI-Generated Image of Himself as… Pope, Prompting Outrage Reaction
Transgender Swimmer Secures Five Gold Medals at U.S. Masters Championship
Prince Harry: “I Want Reconciliation with My Family”
Germany's Alternative für Deutschland (AfD) party has now been officially labeled “right-wing extremist” by the federal office for the so-called “protection of the constitution.”
Amazon Launches Satellite Internet Service Amidst Competition with SpaceX
Transformative Changes in Women's Wrestling: The Rise of WWE Superstars
The Rush to the White Gold: Global Investment Surge in Natural Hydrogen Exploration
This is a day in Spain without electricity and internet
Reform UK Surprises in British Elections, Challenging Traditional Two-Party System
180-Year-Old Christian University in South Carolina Announces Closure Due to Unmet $6 Million Fundraising Goal
Brazilian Woman Jailed for Fourteen Years for Writing “You Lost, Idiot” on Statue During Protest
Trump Administration Removes National Security Adviser Mike Waltz Amid Signal Chat Controversy
Dutch Politician Eva Vlaardingerbroek Receives Spyware Threat Alert from Apple
Paramount Board Considers Settlement in Trump’s $20 Billion Lawsuit Over "60 Minutes" Interview
U.S. Economy Shrink in Trump’s First Quarter as Tariff Policy Raises Questions
Deadline Looms for RTS Meter Replacement: Hundreds of Thousands at Risk of Heating Disruption
Sweden Grapples with Deadly Gun Violence: Suspect Arrested After Three Young Men Killed in Uppsala Hair Salon
Walz Reveals Why Harris Chose Him as Her Running Mate and Reflects on Democratic Losses
Spain Restores Power After Unprecedented Nationwide Blackout
Carney Secures Liberal Mandate in Canada’s Federal Election
Death Penalty Sought as Luigi Manion Pleads Not Guilty in CEO Murder Case
President Trump contacts Jeff Bezos after reports of Amazon considering listing tariff surcharges; company clarifies no such plan for main platform
Spain and Portugal Recover from Massive Blackout
Liverpool Clinches Record-Equalling 20th English League Title Under Arne Slot
Singapore Politicians Warn Against Foreign Interference in Election
Driver Ploughs into Vancouver Festival Crowd, Killing Nine
Depression, Fear of Defamation, and a Tragic End: New Details on Virginia Giuffre’s Suicide
“Sharia for UK, Allah Akbar!”
×