Scottish government loses independence referendum court case

The Scottish government cannot hold an independence referendum without the UK government’s consent, the Supreme Court ruled today, 23 November.

Scottish First Minister Nicola Sturgeon wants to hold a referendum on 19 October next year.

But the court ruled unanimously that she does not have the power to do so.

The UK government has so far refused to grant the formal consent for a vote that was in place before the referendum in 2014.

Court president Lord Reed said the laws that created the devolved Scottish Parliament in 1999 meant it did not have the power to legislate on areas of the constitution including the union between Scotland and England.

And he rejected the Scottish government’s argument that any referendum would be “advisory” and would have no legal effect on the union, with people simply being asked to give their opinion on whether or not Scotland should become an independent country.

The judge said the Scottish government proposed referendum bill therefore relates to a matter that is reserved to the UK Parliament.

In the absence of an agreement between the two governments, the Scottish Parliament does not have the power to legislate for a referendum, he said.

Like this article? Share on

Facebook
Linkdin
Twitter
Telegram
WhatsApp

Related articles

Information about our own complaints process, raising concerns to the Legal Ombudsman and to us

We want to give you the best possible service. However, if at any point you become unhappy or concerned about the service we provided then you should inform us immediately, so that we can do our best to resolve the problem.

In the first instance it may be helpful to contact the person who is working on your case to discuss your concerns and we will do our best to resolve any issues at this stage. If you would like to make a formal complaint, then you can read our full complaints procedure here. Making a complaint will not affect how we handle your case.

The Solicitors Regulation Authority can help you if you are concerned about our behaviour. This could be for things like dishonesty, taking or losing your money or treating you unfairly because of your age, a disability or other characteristic. 

You can raise your concerns with the Solicitors Regulation Authority.

What do to if we cannot resolve your complaint

The Legal Ombudsman can help you if we are unable to resolve your complaint ourselves. They will look at your complaint independently and it will not affect how we handle your case.

Before accepting a complaint for investigation, the Legal Ombudsman will check that you have tried to resolve your complaint with us first. If you have, then you must take your complaint to the Legal Ombudsman:

  • Within six months of receiving our final response to your complaint; and,
  • Within one year of the date of the act or omission about which you are concerned; or
  • Within one year of you realising that there was a concern.

 

If you would like more information about the Legal Ombudsman, you can contact them at the following details:

 Contact details

This website uses cookies to ensure you get the best experience on our website. By closing this message, you consent to our cookies on this device in accordance with our cookie policy unless you have disabled them.