Scottish independence: what did UK Government say about SNP’s push for referendum in Supreme Court documents?

The Supreme Court is set to rule on whether a second legal referendum can take place on Scottish Independence next year
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Th UK Government has told the Supreme Court that the Scottish Government does not have the “legislative competance” to hold a second legal referendum on independence.

The Supreme Court is preparing to rule on whether the vote - which the SNP have scheduled for 19 October 2023 - can go ahead legally, after the decision was referred to the court by Scotland’s Lord Advocate Dorothy Bain.

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The UK Government has remained strong in its stance that a second referendum should not take place, and newly released court documents have shown its arguments against the vote.

But what did it say, and will a vote be held?

The UK Government has said that the Scottish Government does not have the ‘legislative competence’ to hold a second referendum on independence. (Credit: Getty Images)The UK Government has said that the Scottish Government does not have the ‘legislative competence’ to hold a second referendum on independence. (Credit: Getty Images)
The UK Government has said that the Scottish Government does not have the ‘legislative competence’ to hold a second referendum on independence. (Credit: Getty Images)

What did the UK Government tell the Supreme Court?

The Scottish Independence Referendum Bill will be ruled upon by the Supreme Court, which will decide if a legal vote can take place next year.

The UK Government has said to the court that the bill in question “does not give rise to a ‘devolution issue’”, adding that the court should not acknowledge a reference to the Scotland Act 1998 as the Scottish Parliament has not introduced or passed this bill.

While Scottish First Minister Nicola Sturgeon has said that the Scottish public have provided a mandate to pursue a second referendum, the UK Government has said that the matter should be that of the Westminster government to decide upon.

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The case papers say: “It is submitted that the Scottish Parliament plainly does not have the competence to legislate for an advisory referendum on the independence of Scotland from the United Kingdom.

“A referendum on Scottish independence plainly (at least) relates to the reserved matters of the Union of the Kingdom of Scotland and England and of the Parliament of the United Kingdom.

“That conclusion is unaffected by whether the referendum is, in its outcome, advisory or legally binding.”

Will a second Scottish Independence referendum be held?

The SNP will have to wait on the Supreme Court’s ruling to know if its plans for a second Scottish independence referendum are valid.

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The court is due to rule on the matter during hearings in October.

The SNP have similarly released its case towards the Supreme Court, saying in case documents: “Put short, the holding of a consultative referendum does not result in a reduction in the scope of the powers of the UK Parliament and nor does it, of itself, have any effect on the Union.

“Legislation to enable such a referendum does not, therefore, in the respectful submission of the applicant, relate to the reservation of the Union nor to the Parliament of the United Kingdom.”

A UK Government spokesperson said: “People across Scotland want both their governments to be working together on the issues that matter to them and their families, not talking about another independence referendum.

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“We have today [10 August] published the papers we have submitted to the Supreme Court, and will set out our case at the hearing in October.

“On the question of legislative competence, the UK Government’s clear view remains that a Bill legislating for a referendum on independence would be outside the legislative competence of the Scottish Parliament.”

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