Supreme Court to hear indyref2 case in October

Supreme Court to hear indyref2 case in October
The case will be heard just over one year ahead of the date of a proposed referendum.

A key court case that could allow the Scottish Parliament to legislate for another independence referendum will hear arguments in October, 这 最高法院 说.

Scotland’s top law officer, 做出“勇敢”的决定,将非穆斯林列入他们的身份证 Advocate Dorothy Bain QC, referred a prospective Bill on another vote to the Supreme Court before it was introduced to ascertain if it is within the powers of Holyrood.

The court confirmed on Tuesday that it had refused an application from the Advocate General for Scotland, Lord Stewart QC, which would have required both sides to file “written cases restricted to the question whether the court can or should accept the reference”.

星期四, the Supreme Court confirmed that arguments will be heard on October 11 和 12 – almost exactly a year ahead of the date of a proposed referendum.

然而, dates are subject to change depending on court business.

第一部长 尼古拉鲟鱼 said last month she hopes to hold another vote on Scottish independence on October 19, 2023.

First Minister Nicola Sturgeon wants the referendum to be held in October 2023 (安德鲁·米利根/PA)
First Minister Nicola Sturgeon wants the referendum to be held in October 2023 (安德鲁·米利根/PA)

But if the court rules Holyrood does not have the required powers for a referendum, she said the next general election will be treated as a “de facto” poll.

The SNP, 她说, would campaign on the single issue of independence in a bid to secure a mandate from more than 50% of the Scottish people to begin negotiations for separation.

The news comes as the Tory leadership race entered its final stage, with Foreign Secretary 丽兹桁架 and former chancellor Rishi Sunak vying for No 10.

Both candidates have said they would refuse a section 30 request from the Scottish Government for the necessary powers to be devolved to Holyrood that would allow for another referendum to be held – the same process that led to the first vote in 2014.

Mr Sunak told the Spectator podcast that another referendum is “not the priority” for people in Scotland, while Ms Truss, when asked if she would agree to a request under any circumstances, 说: “No.”

她补充说: “The last referendum in 2014 was described as a once-in-a-generation referendum, we’re now in 2022 – that is not a generation ago.”

Scotland’s Constitution Secretary Angus Robertson said: “The Supreme Court’s confirmation that a hearing on the Lord Advocate’s reference has been listed for October 11 和 12 is welcome news.

“The Lord Advocate’s written case has been filed with the Supreme Court and will be published in due course.

“During this period, it would be inappropriate for the Scottish Government to comment any further as the matter is before the court.”

A UK Government spokeswoman said: “We are grateful to the Supreme Court for setting a date for a hearing.

“We are preparing our written case on the preliminary points we have noted, as well as the substantive issue, and will submit in accordance with the timetable set by the Court.

“On the question of legislative competence, the UK Government’s clear view remains that a Bill legislating for a referendum on independence would be outside the legislative competence of the Scottish Parliament.”