UK Authorities: Supreme Court docket doesn’t have energy to rule on legality of Indyref2

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he Supreme Court docket doesn’t have the “jurisdiction” to find out the legality of a second Scottish independence referendum, the UK Authorities has stated in a written submission to the courtroom.

Advocate Normal for Scotland, Lord Stewart QC, revealed his written submission on behalf of UK ministers on Wednesday.

It argues the case on whether or not a potential invoice, which might legislate for one more referendum, can be inside the powers of Holyrood.

However the case, introduced ahead by Scotland’s Lord Advocate, Dorothy Bain, “doesn’t fall inside the jurisdiction” of the Supreme Court docket, in keeping with UK regulation officers.

The UK Authorities’s clear view stays {that a} Invoice legislating for a referendum on independence can be exterior the legislative competence of the Scottish Parliament

Lord Stewart went on to advise the courtroom to “decline to find out the reference as a matter of its inherent discretion”.

Nevertheless, he additionally argues that even when the courtroom does determine it has jurisdiction over the matter, Holyrood can be unable to carry a lawful referendum.

Scotland’s First Minister, Nicola Sturgeon, has said she intends to carry a referendum on October 19 2023, relying on the courtroom’s ruling.

Lord Stewart QC stated: “A referendum on Scottish independence plainly (a minimum of) pertains to the reserved issues of the UK of Scotland and England and of the Parliament of the UK.

Lord Advoctate Dorothy Bain QC referred the matter to the Supreme Court docket (PA) / PA Archive

“That conclusion is unaffected by whether or not the referendum is, in its final result, advisory or legally binding.”

A UK Authorities spokesperson stated: “Folks throughout Scotland need each their Governments to be working collectively on the problems that matter to them and their households, not speaking about one other independence referendum.”

The spokesperson added: “On the query of legislative competence, the UK Authorities’s clear view stays {that a} Invoice legislating for a referendum on independence can be exterior the legislative competence of the Scottish Parliament.”

The UK Authorities’s submission additionally states that there are “shocking penalties” which may come up by the Lord Advocate’s referral to the courtroom.

Have been the end result to favour independence, it will be used to hunt to construct momentum in direction of reaching that finish: the termination of the Union and the secession of Scotland

It stated it may permit UK regulation officers to make “pre-emptive” references to any Scottish legislative proposal deemed to be “exterior of legislative competence”.

In its submission to the courtroom, submitted final month, the Scottish Authorities leaned closely on any future referendum not being “self-executing”, that means it will be purely advisory and solely meant as a solution to verify the views of the Scottish folks.

However Lord Stewart QC stated it was mistaken to contemplate the referendum as “advisory”.

If the choice favoured independence, he stated it will be used to “construct momentum” in direction of the “termination of the Union”.

His submission stated: “It’s, after all, proper that the end result of the referendum offered for by the draft Invoice has no authorized impact: it isn’t self-executing.

“However nor can it credibly be recommended that the end result of the referendum will likely be advisory within the sense of being handled as a matter of educational curiosity solely.”

It continued: “Have been the end result to favour independence, it will be used (and little doubt utilized by the SNP because the central plank) to hunt to construct momentum in direction of reaching that finish: the termination of the Union and the secession of Scotland.

“It’s exactly in that hope that the draft Invoice is being proposed.”

The SNP have additionally made an try and intervene within the case, arguing that – as a public physique – it will be “truthful, simply and affordable” for the occasion to make arguments to the Court docket.

The hearings will likely be heard on October 11 and 12.


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