The British Supreme Court on Wednesday delivered a unanimous judgement declaring that the Scottish Parliament does not have the power to call for a second independence referendum without Westminster’s approval.
The 35-page decision came in response to First Minister Nicola Sturgeon’s insistence that Scotland’s call for freedom from the United Kingdom (UK) should be “lawful and democratic.”
👇 Watch @NicolaSturgeon's address about Scotland's future and the next steps on Scotland's independence journey.https://t.co/fmNur0qWHf
— The SNP (@theSNP) November 23, 2022
To this end, Sturgeon has called on Lord Advocate Dorothy Bain to approach the apex court to clarify whether Holyrood, the Scottish Parliament, could call for the referendum without the UK’s permission.
The petition also questioned the court’s jurisdiction to rule on a draft referendum bill, which Bain argued is outside the judges’ ambit, as they can only adjudicate on points of law and “reserved matters” of the Scotland Act, 1998.
To this end, he said the independence vote was broadly consultative and would not have immediate repercussions.
The judges rejected the argument, saying the matter relates to the UK and would impact the Parliament’s sovereignty by either supporting or undermining the “democratic credentials of the independence movement.”
2/ Scottish democracy will not be denied.
— Nicola Sturgeon (@NicolaSturgeon) November 23, 2022
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.
I'll make a full statement later this morning - tune in around 11.30am
In this regard, the court concluded, “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.”
The apex court thus dismissed Sturgeon’s pro-independence Scottish National Party’s (SNP) argument for Scotland’s right to self-determination. Referring to the right to self-determination under international law, the court cited the example of the Canadian Supreme Court’s dismissal of a similar petition by Quebec for referendums in 1980 and 1995, where it held that the right is only relevant for “former colonies, or where a people is oppressed, or where a group is denied meaningful access to government.”
Like in the case of Quebec, the British Supreme Court held that Scotland does not meet the threshold for oppressed or colonised people.
Sturgeon remarked that the British apex court’s decision is a “tough pill for any independence supporter to swallow” but emphasised that she is not “abandoning the referendum route, Westminster is blocking it.”
She stressed that the UK and the Scottish government would have to reach a compromise before a vote for independence, which was the SNP’s mandate since the voters brought it to power in 2007.
I welcome the Supreme Court’s unanimous judgement.
— Douglas Ross MP MSP (@Douglas4Moray) November 23, 2022
We know that the majority of Scots do not want another independence referendum.
It is now time for Nicola Sturgeon and the SNP Government to fully focus on the big challenges facing Scotland. pic.twitter.com/iTu8Wrpzvp
She also urged opponents within the country to recognise the farcical “voluntary partnership” between the UK and Scotland, as the union denies it the “right to choose a different future or even to ask itself a question” and “choose its own future.” Nevertheless, she admitted that her government “remains open” to discussions with the UK.
The First Minister also emphasised the importance of the following British General Election scheduled for 2025, which she said will be “the first and the most obvious opportunity to seek what I described back in June as a de facto referendum.”
🔥 People on the streets of Edinburgh tell @ScotVoicesShow what they think about Scotland being an "equal partner" in the UK.
— Yes (@YesScot) November 23, 2022
🏴 Scotland's democracy will prevail, no matter how hard Westminster tries to shut it down.pic.twitter.com/FeMWAGs1Kg
She said the SNP would aim to gather support for Scottish independence and present “precise details” on its plan in the coming year. She also vowed to convene the National Executive Committee for a special party conference and discuss details on the “de facto referendum” that will defend Scottish democracy.
Scottish pro-independence groups organised rallies across the country in response to the ruling. According to one supporter, the judgement highlighted the Scottish people’s “predicament” of being “trapped in a union with no lawful escape.”
Meanwhile, British Prime Minister (PM) Rishi Sunak celebrated the judgement as a “clear and definitive ruling.” Reiterating former PM Theresa May’s request for the SNP to “end its obsession” with Independence, Sunak urged the party to work with the rest of the UK to address existing challenges, such as the Ukraine war. A Downing Street spokesperson emphasised that Sunak would aim to avoid an independence vote during his tenure.
"What right does a man with no mandate have to deny Scottish democracy?"
— Channel 4 News (@Channel4News) November 23, 2022
The SNP's Ian Blackford questions Rishi Sunak's authority to deny a vote on Scottish independence, after the Supreme Court ruled that Scotland cannot hold another referendum without Westminster approval. pic.twitter.com/QpOwHwZ1SB
Similarly, opponents of the independence vote, led by Scottish Conservatives, urged the SNP to abandon its call for the vote and instead focus on other “enormous challenges” faced by the government, such as the economic crisis and the collapsing public health system.
Furthermore, Westminster’s Scotland Secretary, Alister Jack, called on Sturgeon’s government to “set aside these divisive constitutional issues,” saying, “When we work together as one United Kingdom, we are safer, stronger and more prosperous.”
To conduct a fresh vote, the British Parliament will have to temporarily hand over its powers to the Scottish Parliament under Section 30 of the Scotland Act. Scotland held its first independence referendum in 2014, when 55% of the country voted against the motion to leave the UK. However, since then, various issues, such as the economic crisis and the handling of the COVID-19 pandemic, have strengthened support for independence.
As a result, Sturgeon has renewed the push for a second independence vote since 2017. Since then, four consecutive PMs have rejected Sturgeon’s call to grant the Scottish Parliament the power to call for a vote.