Date announced for verdict on Scottish independence referendum

The decision is expected to be confirmed next week

Author: Liam RossPublished 16th Nov 2022
Last updated 16th Nov 2022

Judges will deliver their verdict next week on whether the Scottish Parliament can hold another independence vote without Westminster approval.

A decision from the UK Supreme Court is expected on November 23rd after arguments were heard in the case last month.

The Scottish Government say a referendum bill is a devolved matter and therefore should be allowed to go ahead.

However, Westminster say the decision comes under their reserved matters, which means it's outwith Holyrood's competence.

The decision is expected to be delivered at 9:45 next Wednesday.

Earlier this year, Nicola Sturgeon asked the Lord Advocate, Scotland's chief law officer, to refer the Bill to the Supreme Court when she published the legislation in June saying she wanted an "indisputably lawful" referendum to take place.

It was brought to the court after First Minister Nicola Sturgeon set out plans to hold a vote on independence on October 19, 2023.

The Lord Advocate Dorothy Bain KC, the Scottish Government's top law officer, argued in court that Holyrood's competence over the Bill was a "critically important question".

She asked the judges to rule on its legislative competence, saying a majority of MSPs were elected in 2021 on a manifesto commitment to hold another referendum.

The SNP was allowed to intervene in a separate written submission to the court.

The UK Government's legal representative, Sir James Eadie KC, argued it was "obvious" Holyrood does not have legislative competence.

He also argued the Bill was at too early a stage for the court to issue a ruling on.

The court will firstly address whether it will determine the "reference" from the Lord Advocate, before turning to the question of reserved matters.

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