image source,Reuters
The UK Supreme Court has ruled that the Scottish government cannot hold an independence referendum without the consent of the UK government.
Scottish First Minister Nicola Sturgeon wants to hold a referendum on October 19 next year.
But the Supreme Court ruled unanimously that Sturgeon had no right to hold a referendum.
Scotland held an independence referendum in 2014, which was agreed by the British government in advance, but the British government has always rejected Scotland’s proposal to hold another independence referendum.
How did the judge decide?
Lord Reed, president of the Supreme Court, said Scotland itself was not empowered to legislate on some areas of the constitution, including the union of Scotland and England, under the laws that created the Scottish Parliament following devolution in 1999.
Although the Scottish government argues that the referendum has no legal effect on the union of Scotland and England, it is only of “consultation” significance, and it only allows the public to express their opinions on whether Scotland should become an independent country. But Lord Reed dismissed that argument.
Lord Reed said: “The Scottish government’s referendum bill addresses an issue that should be reserved for the UK Parliament.
He said the Scottish Parliament did not have the power to legislate for a referendum without an agreement between the Scottish and English governments.
Lord Reed added: “A referendum legally held will have significant political implications for the Union and the UK Parliament.”
“In a constitutional and political culture built on democracy, the result of the referendum, in which Scottish voters express their views democratically, will have authority.”
reaction
Scottish First Minister Sturgeon said on Twitter that she was disappointed by the ruling but respected the court’s decision, stressing that judges do not make laws, they only interpret them.
“Democracy in Scotland will not be taken away,” she said. She also added: “A law that does not allow Scotland to choose our own future without the consent of the UK Parliament exposes the fiction of the UK as a voluntary partnership and justifies Scottish independence.”
Recent opinion polls show Scotland is divided on the issue of independence, with a slim majority in favor of remaining in the UK.
Sturgeon has previously said that if the Supreme Court rules against her, she will use the next general election as a “de facto referendum”, while the SNP will make independence the only issue that needs to be fully fought in the general election.
image source,Average AP
Scottish First Minister Sturgeon holds a press conference after the Supreme Court ruling.
Scottish Affairs Secretary Alister Jack said the UK government was committed to working with the Scottish government on “issues that matter most to the people of Scotland”.
He said: “The benefits of being part of the United Kingdom have never been more evident. We are safer, stronger and more prosperous when we work together as the United Kingdom.”
British Prime Minister Rishi Sunak welcomed the Supreme Court ruling during a regular Prime Minister’s Questions in Parliament on Wednesday afternoon, saying “now is the time for politicians to cooperate”.
Sturgeon turns to independent Plan C
Analysis by BBC Scotland political editor Glenn Campbell:
Ms Sturgeon has confirmed she will take the independence movement into the next UK general election unless the UK government suddenly and unexpectedly agrees to a referendum on Scottish independence.
That’s Plan C: Seek to win a majority of Scottish voters for independence at a general election and, if achieved, claim that it’s the voters’ mandate for Scotland to secede from the UK.
The details of that approach will be decided at a special SNP conference next year: including what questions will arise and what Ms Sturgeon should do if her SNP and its allies win more than 50 per cent of the vote.
It’s a big gamble. The SNP has never won an election that big before. In UK elections, 16 and 17 year olds do not have the right to vote. Other issues are likely to come into play, and it is likely to be closely watched whether Labor or the Conservatives will succeed in the Prime Minister’s Office.
Of course, there is no guarantee (regardless of which party comes to power) that the next prime minister will accept the result of the general election as if it were a referendum on independence.
Sturgeon would not reveal her future or the impact on the independence movement if the SNP loses the election, saying only: “If we don’t win, we don’t deserve independence”.
A Vigorous Political Dispute Is Coming
BBC Scotland political correspondent Philip Sim (Philip Sim) analyzes:
The ruling will have a huge impact on the debate on Scottish independence.
However, this will not solve the problem, and a huge political dispute will ensue.
Sturgeon has no intention of giving up independence. She has made it clear that she will paint the Supreme Court’s unfavorable ruling on independence as another roadblock in the path of Scottish democracy, and hopes that the feeling of unfairness of being denied a voice will drive a wave of public support for independence.
How the constitutional issue is resolved will also be a big question for British officials, given that it will continue to dominate Scottish politics.
Judges have outlined how the law is defined, but it will ultimately be up to politicians to settle the issue once and for all.