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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".

A series of pro-independence rallies are being held in towns and cities across Scotland on Wednesday evening.

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".

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.

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.

BBC

LOL.

Sturgeon humiliated. She should resign.

This is a good day.
 
<b>SNP to hold special conference on independence in March 2023</b>

The SNP will hold a special conference in March to decide "the way forward to secure independence", the party has announced.

The event is billed as an opportunity to set out a "clear pathway" on Scotland's constitutional future.

It follows a UK Supreme Court ruling that Holyrood does not have the power to stage another referendum.

First Minister Nicola Sturgeon has said the SNP will fight the next general election as a de facto referendum.

Confirming next year's conference, she tweeted:

"The SNP Special Conference to discuss and decide the way forward to secure independence following UK Supreme Court decision will take place in Edinburgh on 19 March."

She cited the five most recent polls on independence, all of which have recorded majority support for Yes once undecided voters are removed.

"This surge in support will be terrifying the Westminster establishment," Ms Oswald said.

"People know that to tackle the cost-of-living crisis, escape Brexit, invest in the NHS and pay public sector workers a fair wage the Scottish Parliament needs the full powers of independence.

"The more that [Prime Minister Rishi] Sunak and [Labour leader Sir Keir] Starmer tell us we have no right to decide our own future, the more people in Scotland will stand up and demand that basic democratic right."

The UK government has consistently refused to countenance the prospect of another vote on independence, or a de facto referendum.

https://www.bbc.co.uk/news/uk-scotland-scotland-politics-64013230
 
Nicola Sturgeon has confirmed she is resigning as Scotland's first minister after more than eight years in the role.

The Scottish National Party leader said she knew "in my head and in my heart" this was the right time to step down.

Ms Sturgeon said she would remain in office until her successor was elected.

She is the longest-serving first minister and the first woman to hold the position.

Ms Sturgeon insisted her resignation was not in response to the "latest period of pressure", which has included controversies over gender reforms, trans prisoners and the strategy on independence.

BBC
 
Labour and Lib Dems have an opportunity to advance in Scotland now. They can make inroads into the near-hegemony of the Scot Nats.
 
Sturgeon’s position was untenable from the moment that the Supreme Court ruled against her.

The only way that Scotland can separate itself from England and the United Kingdom, effectively altering the constitution of the UK, is (rightly) via the consent and agreement of the UK Parliament which it is itself legally a part of. Nicola had lost and she knew it.

The priority for her successor should now be to focus on better governance of domestic issues and put this independence mirage to bed for a while.

Let’s hope that the union of the United Kingdom continues for many years to come.
 
Sturgeon’s position was untenable from the moment that the Supreme Court ruled against her.

The only way that Scotland can separate itself from England and the United Kingdom, effectively altering the constitution of the UK, is (rightly) via the consent and agreement of the UK Parliament which it is itself legally a part of. Nicola had lost and she knew it.

The priority for her successor should now be to focus on better governance of domestic issues and put this independence mirage to bed for a while.

Let’s hope that the union of the United Kingdom continues for many years to come.

Brexit imperils the Act of Union. The majority of Scots want to be EU citizens.

But with the likely change of government in Westminster, a long road back to Single Market membership becomes possible. I think that will placate the Rejoiner Scots, as they will have their freedom of movement and advantageous trade relationship with the EU back.
 
Humza Yousaf has emerged as the frontrunner to replace Nicola Sturgeon as Scotland’s first minister after pledging to uphold her socially progressive policy agenda.

The Scottish health secretary said on Monday that he backed Sturgeon’s stances on same-sex marriage, abortion clinic buffer zones, banning conversion practices and on gender recognition changes, stating he would “absolutely” challenge the UK government’s block on Holyrood’s gender recognition bill.

He said the UK government’s decision to block the bill, which recent polls suggest is supported by a majority of Scottish voters, was in reality “an assault, an attack” on Holyrood’s autonomy.

He said: “Is somebody really going to suggest to me we should lay down and allow them to trample over the will of the Scottish parliament [on] a bill that had support from every single political party?”

Yousaf’s hopes of succeeding Sturgeon were boosted after Angus Robertson, the culture secretary who was made the bookmakers’ favourite when Sturgeon said she would quit, announced on Monday morning that he would not be running.

The most experienced of the potential contenders and a former leader of the Scottish National party at Westminster, Robertson said in a tweeted statement that as the father of two young children “the time is not right [to] take on such a huge commitment”.

https://www.theguardian.com/politic...eplace-nicola-sturgeon?CMP=Share_iOSApp_Other
 
Former First Minister Nicola Sturgeon has been arrested in connection with the ongoing investigation into the funding and finances of the SNP.

Police confirmed a 52-year-old woman was taken into custody as a suspect and is being questioned by detectives.

It follows the arrest and subsequent release of her husband, ex-SNP chief executive Peter Murrell, in April.

A spokeswoman for Ms Sturgeon confirmed she had attended a police interview by arrangement on Sunday.

Live: Sturgeon in custody and 'co-operating with police'
The former SNP leader, who stood down in March, was then arrested and questioned by officers who have been investigating for the past two years what happened to more than £600,000 of donations given to the party by independence activists.

The spokeswoman said: "Nicola Sturgeon has today, Sunday 11 June, by arrangement with Police Scotland, attended an interview where she was to be arrested and questioned in relation to Operation Branchform.

"Nicola has consistently said she would cooperate with the investigation if asked and continues to do so."

Officers searched Ms Sturgeon's home and the SNP's headquarters in Edinburgh on 5 April, with Mr Murrell being arrested before later being released without charge pending further investigation.

A luxury motorhome which sells for about £110,000 was also seized by police from outside the home of Mr Murrell's mother in Dunfermline.

Almost two weeks later, SNP treasurer Colin Beattie was also arrested and released without charge while further inquiries were carried out.

Mr Beattie resigned as party treasurer shortly afterwards.

Ms Sturgeon, Mr Murrell and Mr Beattie were the three signatories on the SNP's accounts and the arrest of the former first minister had been widely expected - although there was no indication of when it was going to happen.

Under the Criminal Justice (Scotland) Act 2016, police can release a suspect for further investigation, but they can be re-arrested at a later date.

A spokesman for the SNP said the party would not comment on Ms Sturgeon's arrest, adding: "These issues are subject to a live police investigation."

Ms Sturgeon served as Scotland's first minister for more than eight years after succeeding Alex Salmond in the wake of the independence referendum in 2014.

She announced on 15 February that she would be standing down as both SNP leader and first minister once a successor was elected, with Humza Yousaf winning the contest to replace her.

Ms Sturgeon said at the time that she knew "in my head and in my heart" that it was the right time to go, and has denied the timing was influenced by the ongoing police investigation.

She was Scotland's the longest-serving first minister and the only woman to have held the position.

Scottish Conservative chairman Craig Hoy said the SNP was "engulfed in murkiness and chaos" and called on Mr Yousaf to suspend his predecessor from the party.

SNP MP Angus MacNeil also called for Ms Sturgeon to be suspended, writing on Twitter: "This soap-opera has gone far enough, Nicola Sturgeon suspended others from the SNP for an awful lot less.

"Time for political distance until the investigation ends either way."

Labour's shadow Scottish Secretary, Ian Murray, described the developments as "deeply concerning" and said the police inquiry must be allowed to proceed without interference.

Police Scotland launched their Operation Branchform investigation two years ago after complaints were made about what happened to £666,954 that was donated to the SNP by activists for a future independence referendum campaign

The party's accounts later accounts showed it had just under £97,000 in the bank at the end of 2019, and total net assets of about £272,000.

Last year it emerged Mr Murrell gave a loan of more than £100,000 to the SNP to help it out with a "cash flow" issue after the last election.

The SNP had repaid about half of the loan by October of that year, but still owes money to Mr Murrell - although it has not said how much.

https://www.bbc.com/news/uk-scotland-65871857
 
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