London Daily

Focus on the big picture.
Tuesday, Jul 21, 2026

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
Miliband Sets Climate and International Law at Centre of UK Diplomacy
US Gasoline Returns to $4 as Renewed Iran Fighting Disrupts Oil Flows
Czech Central Bank Governor Rejects Early Euro Entry and Rate-Cut Pressure
Trump Orders 50% Tariffs on Selected Canadian Imports
Pentagon Discloses Nearly 100 US Troop Injuries During Renewed Iran Fighting
Trump Readies New Tariffs as Temporary Global Levy Nears Expiry
US Judge Pauses Paramount Skydance and Warner Bros Discovery Merger Over Antitrust Concerns
NHS England Faces Growing Retention Pressure Among Younger Midwives
UK Data Centre Expansion Faces Water and Grid Capacity Challenges
UK Defence Shares Rise After John Healey Appointment and Continued Spending Commitments
OECD Urges UK Government to Review Pension Triple Lock to Protect Public Finances
Bank of England Keeps Cautious Approach as Energy Costs Threaten Inflation Progress
County Councils Call for Wider Devolution and Long-Term Social Care Funding Reform
IMF Urges UK Government to Maintain Fiscal Discipline as Growth Forecast Slows
Russian Warship Holds Live-Fire Exercises Near UK Coast as Royal Navy Monitors Activity
Mitie Agrees Three Point One Billion Pound Takeover by OCS in Another Blow to London Listings
JPMorgan Chase Warns Bank Levies Could Hit UK Growth and Drive Capital Away
UK Unemployment Holds at Four Point Nine Percent as Labour Market Shows Resilience
UK Government Borrowing Falls Below Forecasts as Treasury Receives Early Fiscal Boost
John Healey Cuts VAT on Household Electricity Bills After Cancelling National Digital ID Scheme
Andy Burnham Forms New Labour Government With Ten-Year National Renewal Plan
EU Imposes Record €550 Million Digital Services Fine on AliExpress
UK Publishes Updated Consumption-Based Carbon Emissions Data
English Regions Prepare for Expanded Devolution and Infrastructure Powers
Russell Group Backs New Government and Calls for Stronger University-Industry Links
Bank of England Maintains Restrictive Monetary Policy Amid Persistent Inflation
Climate Progress Report Renews Debate Over the UK's Net Zero Strategy
New UK Government Launches Drive to End Rough Sleeping and Expand Social Housing
Prime Minister Andy Burnham Appoints John Healey as Chancellor in Cabinet Reshuffle
OECD Calls for Structural Reforms as UK Economy Faces Slower Growth
International Monetary Fund Expects UK Economic Growth to Slow to One Percent in 2026
Andy Burnham Takes Office as UK Prime Minister and Unveils Decade-Long Reform Agenda
London’s Housing Starts Collapse as Planning and Building Costs Stall Development
Charlie Sheen’s Daughter: "My Dad Didn’t Buy Me a House, My Breasts Bought It"
Vivienne Westwood Casts Cicciolina, 74, in Its New Autumn Campaign
Dejavu: Germany’s Military Expansion Reshapes Europe’s Strategic Balance With France
Naturally Conceived Identical Quadruplets Born in Rare Brisbane Delivery
Tate Brothers Fight British Extradition Bid After Miami Arrests
Burnham Reshapes Britain’s Government Around Living Costs, Devolution and Security
Jingye Demands Full Compensation After Britain illegally Nationalized British Steel
Just Another Liar or a Robin Hood? Andy Burnham Pledges Cost-of-Living Help in First Speech as UK Prime Minister
Morgan Stanley Builds a Wall Street Lead in AI Infrastructure Finance
High Prices Push Coffee Drinkers Toward Whole Beans and Home Brewing
Trump Draws Boos and Podium Scrutiny at Spain’s World Cup Triumph
Brilliant move: Péter Magyar Moves to Nominate Chess Grandmaster Judit Polgár as Hungary’s President
Spain Defeats Argentina in Extra Time to Win Second World Cup
Police Block Cockroach Janta Party’s March to Parliament as Education Protests Intensify
Current AI Seeks to Build an Open Global AI Infrastructure Outside Big Tech Control
Turkey Explores S-400 Transfer to UAE in Bid to Rejoin F-35 Program
Josh Kerr Breaks Twenty-Seven-Year World Mile Record at London Diamond League
×