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Breaking: UK Supreme Court rules against the Scottish Government's IndyRef2 bid


By Scott Maclennan

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UK Supreme Court rules on IndyRef bid by the Scottish Government.
UK Supreme Court rules on IndyRef bid by the Scottish Government.

The UK Supreme Court has unanimously ruled against the Scottish Government’s bid to hold a second independence referendum.

The president of the Supreme Court Lord Reed delivered the judgement that Holyrood lacks the legislative powers.

First Minister Nicola Sturgeon had wanted to hold a new referendum held on October 19 next year but Westminster has totally rejected any calls for a another vote and

The Scottish Government's top law officer Dorothy Bain KC referred the case to the court and argued that a new referendum would be "advisory" and would have no legal effect on the Union.

In the judgement of the court, Lord Reed dismissed that view, saying: “Its effect is not restricted to its legal consequences but can include its practical consequences."

He continued: “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 would either strengthen or weaken the democratic legitimacy of the Union and of the United Kingdom’s parliament sovereignty over Scotland, depending on which view prevailed.

“And it would either support or undermine the democratic credentials of the independence movement."

He concluded saying that "the proposed Bill does relate to reserved matters" and “the Scottish Parliament does not have the power to legislate for a referendum on Scottish Independence.”


View our fact sheet on court reporting here




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