Supreme Court told resolving Indyref 2 question of "exceptional importance"

But it is expected to take some months before a decision is reached on another independence vote

Author: Paul KellyPublished 11th Oct 2022

It is of "exceptional importance" that the question of whether the Scottish Parliament can legislate for a second referendum on independence is resolved, the Supreme Court has been told.

On Tuesday morning, justices at the UK's highest court began hearing evidence in the case concerning the Scottish Independence Referendum Bill, a proposed law in the Scottish Parliament.

The Lord Advocate, the Scottish Government's most senior law officer, began making her arguments after a short introductory statement from Lord Reed, who is presiding in the panel of five judges.

A decision is not expected for a number of months

Supreme Court president Lord Reed set out the function of the court and said it would likely be "some months" before a decision was reached.

Two days have been set aside for the hearing at the Supreme Court in London, with the UK Government expected to respond on Wednesday.

Judges have been asked to decide whether the Bill relates to "reserved matters" - meaning it is outwith Holyrood's competence.

Dorothy Bain KC, the Lord Advocate and the Scottish Government's top law officer, began her argument by outlining why she had referred the issue to the court in London.

She told a panel of five justices that it was "necessary" and "in the public interest" that the question of legislative competence was answered by the court.

Ms Bain told the court that a majority of Scottish MPs were elected in 2019, and MSPs in 2021, on manifesto commitments to hold a further referendum.

Earlier, Lord Reed told those following the hearing that it was likely to be "some months" before justices gave their ruling.

He said that "despite the political context" of the case, the issues the court had to consider were "limited to technical questions of law".

Scottish Tory leader labels court action "a disgrace"

Commenting on the Scottish Government’s legal bid to hold an independence referendum, Scottish Conservative leader Douglas Ross said: “Whatever the outcome of the case at Scotland and the UK’s Supreme Court, it’s a disgrace that the SNP have forced this legal battle that nobody wants during a time of crisis.

“Now more than ever, all of our focus must be on what really matters to people across Scotland – tackling the global cost-of-living crisis and the record-high waiting times in Scotland’s NHS.

“The SNP government have, at the worst possible time, become distracted again by their own selfish interests, and Nicola Sturgeon is wasting precious time and money dragging the country through this court chaos.

“By pushing independence at every turn, she has driven Scotland’s two governments into a legal showdown.”

But speaking to Clyde 1 News, First Minister Nicola Sturgeon branded the Scottish Tory leader’s comments “hypocritical”. She said: “It is a disgrace that the Scottish Government’s, the Lord Advocate’s, reference had to be made. If Westminster, and Douglas Ross’ party, just respected Scottish democracy a court action wouldn’t be necessary.

“Perhaps he should reflect on that before making ill-informed and, I would suggest, rather ill-advised comments.”

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