Menu
Subscribe to Holyrood updates

Newsletter sign-up

Subscribe

Follow us

Scotland’s fortnightly political & current affairs magazine

Subscribe

Subscribe to Holyrood
by Kirsteen Paterson
16 November 2022
Verdict due in indyref2 Supreme Court case

Verdict due in indyref2 Supreme Court case

The Supreme Court will announce its judgement over the Scottish Government's indyref2 case next week, it has emerged.

The UK's highest court has been asked to determine whether or not the Scottish Parliament has the power to legislate for an advisory ballot on constitutional change.

Lord Advocate Dorothy Bain referred the matter to the London court after First Minister Nicola Sturgeon revealed her plan to hold another vote in October 2023.

In 2014, the UK Government granted a Section 30 Order to allow Scotland to go to the ballot box. However, it has repeatedly refused to do so again.

Bain asked the Supreme Court for its judgement on whether it would be lawful to call a fresh referendum without such an Order, as she did not have the "necessary degree of confidence" on the matter.

Arguments on behalf of the Scottish and UK governments were heard in October and the Supreme Court has said it will announce its decision on the morning of Wednesday 23 November.

Westminster lawyers have argued that Holyrood lacks the power to legislate on the issue because the constitution is a reserved matter under the terms of the Scotland Act.

Holyrood Newsletters

Holyrood provides comprehensive coverage of Scottish politics, offering award-winning reporting and analysis: Subscribe

Read the most recent article written by Kirsteen Paterson - Bluesky Thinking: Will the promise of the Xodus last?.

Get award-winning journalism delivered straight to your inbox

Get award-winning journalism delivered straight to your inbox

Subscribe

Popular reads
Back to top