Summary

  • The UK's highest court has heard legal arguments on whether the Scottish government can hold a second independence referendum

  • President of the Supreme Court, Lord Reed, thanked both sides and told them it would take time to consider the oral and written evidence

  • Lord Advocate Dorothy Bain KC put the Scottish government's case, saying the issue was brought to court "responsibly" and not on a "whim"

  • She said she was seeking legal certainty on a matter which is of "exceptional public importance to the people of Scotland and the UK"

  • Sir James Eadie KC, who led the UK case, said the court could not rule on an "idea" for legislation but only bills in a "state of finality before assent"

  • The Scottish government has published a referendum bill, but it has not gone through the key legislative stages

  • He added that the issue was wrongly being "farmed out" to judges, risking "dragging the court into the political process"

  • The five-strong judges' panel is expected to take a number of months to deliberate over what they heard in the two-day sitting and to read about 8,000 pages of "written material"

Live Reporting

BBC Scotland News

  1. What will the Scottish government argue?

    The first day of the case will hear arguments from the Scottish government, presented by its principal law officer, Lord Advocate Dorothy Bain.

    The Scottish government’s case rests on the idea that a vote would only seek the views of Scots about the union, rather than directly breaking it up.

    Ms Bain wrote that Scottish ministers might have the “subjective intention” of independence, but that the bill itself was objectively neutral.

    She said that even if a majority backed independence it could only happen if Westminster passed a law to bring it about.

    In other words, it should be possible for Holyrood to consult the public without Westminster support.

    Here's the Lord Advocate's written case.

  2. What is the background to the case?

    union flag and saltireGetty Images

    Is there going to be another referendum on Scottish independence on 19 October 2023?

    The answer may well depend on the decision of the Supreme Court.

    A panel of five judges have been asked if the Scottish Parliament has sufficient legal clout to hold another referendum.

    That was not in doubt in 2014 because Westminster lent Holyrood the explicit legal authority to go ahead with a referendum - which the No side won by 55% to 45%.

    This time the Conservative government does not agree with holding a second referendum.

    But SNP ministers at Holyrood argue the public should be consulted regardless of what Westminster says.

    The Supreme Court has been asked to decide.

  3. Welcome

    Good morning. We will be following the arguments put forward in the Supreme Court on whether or not the Scottish Parliament can legislate for a second referendum on independence.

    From about 10:30 BST, a panel of five judges will first hear the case put by the Scottish government's principal law officer. This will be followed tomorrow by a response from the UK government's law officer.

    It is not known when the judges will deliver a judgement but it could take several months.