Scottish independence: New referendum can't be held unless UK government agrees
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The Scottish government cannot hold an independence referendum without the UK government's agreement, the UK's highest court has said.
Scotland's First Minister Nicola Sturgeon wanted a referendum to be held on 19 October next year but the UK government had so far refused to give permission for the vote to go ahead.
The Scottish government then asked the Supreme Court if the Scottish Parliament could hold a referendum anyway.
But all the judges in the court agreed that it does not have the power to do so.
What is Scottish independence?
What is Scottish Independence and why is it a big issue?
The UK is made up of four nations - Scotland, Wales, Northern Ireland and England.
Some people in Scotland want to remain part of the UK while others want it to be a new independent country, so to decide what should happen, the Scottish government want to hold a vote on the issue.
The party currently in government in Scotland are called the Scottish National Party (SNP) and they want Scotland to become independent.
A referendum is when adult voters are asked to a vote on one political question - e.g. Should the UK remain a member of the EU or leave the EU?
But the UK government doesn't think there should be another referendum.
It says because Scotland already held a referendum on independence in 2014 and just over half (55.3%) voted no, that the question has already been decided.
The Scottish government has argued that many things affecting Scotland's position as part of the UK have changed since the last vote was held, and so people should have the change to have their say again.
indyref2 is the nickname given to the possibility of another Scottish referendum - it is a shortened version of independence referendum 2
One of the biggest changes is Brexit. While the majority of people in England and Wales voted to leave leave the group of countries called the European Union (EU), most people in Scotland and Northern Ireland voted to stay.
The Scottish government has said it's unfair that Scotland had to leave as part of the UK when most people living there would have preferred to stay in the EU.
Recent opinion polls have suggested that Scotland is essentially split down the middle on the independence question, but with a very narrow majority in favour of staying in the UK.
What was the case about?
The Supreme Court is the highest court in the country, and heard two days of legal arguments from the UK and Scottish governments last month
When the Scottish Parliament was created in 1999 it was given power to make decisions on about certain areas of life in Scotland - but it was not given the power to make or change laws on areas of the constitution, including the union between Scotland and the rest of the UK.
The Supreme Court said that this means holding a referendum on becoming independent from the UK was not something that the Scottish government was legally allowed to do.
It ruled that the referendum bill proposed by the Scottish government relates to a matter that only the UK Parliament can decide on.
The Scottish government's had argued that any referendum would be "advisory" and people simply being asked to give their opinion on whether or not Scotland should become an independent country, and so would not relate to changing the constitution.
The court rejected that argument.
This was the question people were asking during the 2014 referendum
Ms Sturgeon had said she wanted to reach an agreement with the UK government similar to the one that was in place ahead of the referendum in 2014.
This is because it would help to make sure that the result of any referendum held is respected and seen as being fair, legal and acceptable - not only in the UK but by other countries across the world too.
She has accused Westminster of having no respect for democracy by opposing a referendum.
What happens now?
Independence supporters want there to be another vote and plan hold rallies in towns and cities across Scotland on Wednesday
The court's decision means there will not be a referendum on 19 October 2023, as the Scottish government had hoped.
They also won't be able to legally hold one in the future without the UK government's agreement.
There's little prospect of that happening in the short term.
A series of prime ministers - including the current one, Rishi Sunak - have argued that the country's focus should be on dealing with other issues that are more urgent, like the cost of living crisis and the war in Ukraine. Rishi Sunak said today that he wants to work together with First Minister Nicola Sturgeon to deliver for the people of Scotland.
But Ms Sturgeon is not going to simply give up on independence. She will argue that not allowing the vote is unfair to the Scottish people.
Nicola Sturgeon is head of the SNP, a party whose main aim is independence for Scotland
After the ruling she tweeted that she was disappointed by the decision but respected the ruling of the court, and stressed that the judges do not make the law and only interpret it.
Speaking at a press conference after the decision she said she was "disappointed" but that independence is "essential". She also said that the SNP will treat the next general election as "de facto" referendum on independence. De-facto means something which is in fact one thing, even if it was planned to be something else.
The UK's Scottish Secretary Alister Jack said he respected the judgement and called for both governments to concentrate on issues that matter to people in Scotland.
- Published29 June 2022
