Summary

  • Supreme Court judges have unanimously rejected the Scottish government's argument that it can hold a second independence referendum

  • Scotland's First Minister Nicola Sturgeon says the judgement closes one door but she believes the next general election can be used as a de-facto vote on independence

  • At Prime Minister's Questions Rishi Sunak told the House of Commons that he welcomed the "clear and definitive ruling" by Lord Reed and his fellow judges

  • For a fresh legal vote, Westminster would have to temporarily hand over powers to Holyrood, like it did in 2014

  • The first independence referendum eight years ago resulted in voters saying "no" to change

  • Polling in the past few years suggests the electorate in Scotland is split more or less down the middle on the issue

  • Rallies for independence took place in a number of towns and cities with the Edinburgh event being addressed by Ms Sturgeon

  1. 'Blocking and denying democracy is a serious charge' - Robertsonpublished at 14:29 Greenwich Mean Time 23 November 2022

    Angus Robertson says the inconvenient truth for the Tories is the electorate last year gave the SNP a mandate for parties in favour of an independence referendum - namely the SNP and the Greens.

    He says the Scottish government's position remains the same and the SNP would prefer a Section 30 order to be agreed under the Scotland Act to allow indyref2 to go ahead.

    Robertson says it is for the Tories to explain why they are blocking this.

    Douglas Ross argues the majority of votes in the Scottish Parliament election were for parties that support remaining part of the UK, rather than separation.

    The Scottish Tory leader asks whether the Scottish government will continue to push for another referendum.

    Angus Robertson then insists: "Blocking and denying democracy is a serious charge and Douglas Ross and the Tories are unfortunately leading the charge."

  2. Ross calls on SNP to 'ditch the referendum obsession'published at 14:21 Greenwich Mean Time 23 November 2022

    To Holyrood now, where Scottish Conservative leader Douglas Ross asks an urgent question on this morning's Supreme Court ruling, noting the first minister's absence from the chamber.

    Constitution Secretary Angus Robertson stands in, saying "the Scottish government accepts and respects this judgement".

    He goes on to say "in a voluntary union, one part doesn't have to rely on the agreement of another before it is allowed to even think about leaving".

    Douglas Ross says, given the cost of this case, it is regrettable the first minister is not in the chamber to answer his questions.

    He calls on the SNP government to "ditch their referendum obsession" and get back to tackling crucial issues.

    You can watch the chamber here, external.

  3. Analysis

    Another big moment... but still no end in sightpublished at 14:13 Greenwich Mean Time 23 November 2022

    Philip Sim
    BBC Scotland political correspondent

    Today’s ruling has, for obvious reasons, sparked an outpouring of political rhetoric.

    But will it prove a decisive moment moving forward?

    The Scottish government hope it could be – that even a defeat in court could morph into a campaign win, if it swings public sentiment behind them.

    But equally we have had quite a lot of “big moments” in the constitutional debate in recent years, without the deadlock being broken.

    The polls remain pretty evenly balanced, and in any case we are no closer to a decisive vote to settle the issue either way.

    It means the SNP and Conservatives can continue to campaign on comfortable constitutional ground – with no end to the debate in sight.

  4. How has support for independence changed?published at 14:01 Greenwich Mean Time 23 November 2022

    As we've been saying, opinion in Scotland is more or less evenly split on the question of Scottish independence.

    Professor Sir John Curtice's site What Scotland Thinks?, external has been tracking the state of public opinion north of the border over many yeras.

    He points out in his recent analysis for the BBC that the Brexit vote in 2016 was a key polarising factor for Scots.

    He says: "Brexit may be 'done', but it has now become an integral part of the debate about the future of the Union, not just in Scotland but across the whole of the UK."

    Excluding those who say they don't know, there have been 157 opinion polls carried out since June 2016 asking a similar question to the one asked in the 2014 referendum: "Should Scotland be an independent country?"

    He says that roughly from 2016 through to the end of 2018, the No side of the debate held consistent leads. That began to narrow through the second half of 2019 and when Boris Johnson came to power in December that year.

    From early 2020, the Yes side started to hold consistent leads - perhaps because of the perceived performance of Nicola Sturgeon during the pandemic.

    However, during the past year, support for Yes has fallen back. The country appears fairly evenly divided. The average of the last half dozen polls or so suggests a lead for the No side of 51% to 49% - once don't knows are excluded.

    BBC indy graphic
  5. No deals with SNP going into next election - Labourpublished at 13:53 Greenwich Mean Time 23 November 2022

    Keir StarmerImage source, PA Media

    The Labour Party does not support another referendum on Scottish independence, Sir Keir Starmer's spokesman has said.

    He told reporters: "Our position is very clear. We don't support there being a referendum, we're not going to be doing deals with the SNP going into the election in any form or coming out of the election in any form."

    The official said that questions over more powers for devolved nations and English regions is "always something that is up for debate or discussion", but is "a very separate question to the one of independence".

  6. PM has no 'imminent plans' to visit Scotland - Downing Streetpublished at 13:43 Greenwich Mean Time 23 November 2022

    Rishi Sunak will "look to" avoid another Scottish independence referendum while he is prime minister, Downing Street has said.

    Asked whether he could rule out another vote while he is in office, his press secretary told reporters: "I think that would be something that we would look to do."

    She stressed there has been a "once-in-a-generation referendum not too long ago and that result should be respected".

    Mr Sunak has no "imminent plans" to speak to the leaders of the devolved governments, and does not have "immediate" plans to visit Scotland, No 10 added.

  7. 'Thoughtless triumphalism' won't last long says SNP's Blackfordpublished at 13:26 Greenwich Mean Time 23 November 2022

    Ian Blackford says Westminster parties are already celebrating the Supreme Court's decision this morning, but their "thoughtless triumphalism" won't last long.

    The judgement raises questions about the future of the UK, he says.

    He says the biggest question of all is how the PM could ever again "repeat the myth" that the UK is a voluntary union.

    Blackford asks if the PM will amend the Scotland Act to ensure the Scottish people "have the right to choose our future". If not, is he "deliberately choosing to deny democracy?".

    He says today's court decision casts focus on the democratic decisions of the Scottish people since 2014.

    "How many times do the people of Scotland have to vote for a referendum before they get it?", he asks, adding that Scotland didn't vote for Brexit, he says, or the "new age of Tory austerity" or to elect the PM.

  8. WATCH: Democracy will not be denied, says Blackfordpublished at 13:14 Greenwich Mean Time 23 November 2022

    Media caption,

    Blackford on Supreme Court ruling: Democracy will not be denied

    The prime minister has every right to oppose Scottish independence but had no right to deny democracy for Scottish people, Ian Blackford tells the Commons.

    The SNP's Westminster leader claims the idea the UK is a voluntary union of nations is now "dead and buried" if Westminster kept blocking an independence referendum.

  9. 'One UK is safer, stronger and more prosperous' - Scottish secretarypublished at 13:02 Greenwich Mean Time 23 November 2022

    Alister Jack

    From a former Tory minister to a current one, and Scottish Secretary Alister Jack tells MPs that this morning's Supreme Court ruling means that it is outside the powers of Holyrood to hold indyref2.

    "I respect the court's clear and definitive ruling on this matter."

    He says the UK government's position has always been clear that it would be outside the Scottish Parliament's competence to legislate for indyref2.

    People in Scotland want to see both governments working together, he says, and he insists his government wants to work constructively with the Scottish government.

    Quote Message

    The benefits of being part of the United Kingdom have never been more apparent. When we work together as one United Kingdom we are safer, stronger and more prosperous."

    Alister Jack, Scottish Secretary

  10. WATCH: For once, put the people of Scotland first - May to SNPpublished at 12:59 Greenwich Mean Time 23 November 2022

    Media caption,

    May to SNP: For once put the people of Scotland first

    Former prime minister Theresa May has said it was time for the SNP to "end its obsession with breaking us (the UK) apart".

    After the Supreme Court ruling on powers to call an independence referendum, May called on the SNP to put the people of Scotland first. Rishi Sunak said she had put her case "very well".

  11. Analysis

    Nicola Sturgeon turns to independence Plan Cpublished at 12:48 Greenwich Mean Time 23 November 2022

    Glenn Campbell
    BBC Scotland Political Editor

    Nicola Sturgeon has confirmed that unless the UK government suddenly, unexpectedly agrees to an independence referendum, she will take the campaign into the next UK general election.

    This is Plan C - to seek to win majority support for independence from Scottish voters in that election and, if achieved, to claim that as a mandate for Scotland to leave the union.

    It will be for a special SNP conference in the new year to decide the details of this approach - including what the question would be and what Nicola Sturgeon should do if her party and its allies win more than 50% of the vote.

    It is a big gamble. The SNP has never won that big before. 16 and 17-year-olds don’t get the vote in a UK election. Any number of other issues will be in play and there is likely to be a close focus on the battle between Labour and the Conservatives for Number 10.

    There is, of course, no guarantee that the next prime minister would accept the election outcome as if it had been a single issue referendum.

    Nicola Sturgeon would not be drawn on her future or the impact on the independence campaign if the SNP falls short in that election, except to say that “if we can’t win, we don’t deserve to be independent”.

  12. Is the FM being forced to play a weak hand?published at 12:42 Greenwich Mean Time 23 November 2022

    Back to the first minister's press conference and Sturgeon is asked if she has been forced into playing a weak hand.

    The FM, in return, questions whether Westminster has decided to block Scottish democracy.

    She says: "The Supreme Court has interpreted a Westminster law that seems to say Scottish democracy on this question is blocked."

    The first minister adds: "I either give up on Scottish democracy or find another route."

  13. WATCH: 'The fight goes on, we will win our independence'published at 12:38 Greenwich Mean Time 23 November 2022

    Indyref2 supporters have been giving their verdict on the Supreme Court ruling.

    And many, like SNP leader Nicola Sturgeon has been insisting, remain convinced of victory in the long run.

  14. Sunak welcomes 'clear and definitive' court rulingpublished at 12:32 Greenwich Mean Time 23 November 2022

    rishi sunakImage source, PA Media

    While Nicola Sturgeon has been speaking, the prime minister has been facing questions at Westminster.

    Rishi Sunak says he welcomes the "clear and definitive ruling" of the Supreme Court.

    At PMQs, he was challenged by the SNP's Westminster leader Ian Blackford who tells him "democracy will not be denied" despite the judges' ruling.

    Blackford says the Scottish people voted last year for a government with a mandate for a referendum.

    He adds that blocking a referendum means "the very idea that the United Kingdom is a voluntary union of nations is dead and buried".

    In response, Sunak stresses the importance of "working together" with the Scottish government on a range of issues from the economy to the war in Ukraine.

    He tells Blackford: "Now is the time for politicians to work together."

  15. Analysis

    Supreme Court didn't just roll over for Westminsterpublished at 12:29 Greenwich Mean Time 23 November 2022

    Judgment sends London ministers a message too

    Dominic Casciani
    Legal Correspondent

    While the Scottish government has lost the main point of the case, the court has arguably also sent a message to Westminster that it won't be shy in getting involved in devolution disputes approaching the grey area between law and politics - and how it should rule.

    The UK government had tried to convince the court that it didn't have the power to consider the proposed referendum bill or, alternatively, that the question from the Scottish government was so hypothetical that the judges should simply chuck out the case as academic.

    The five judges batted away both those London arguments - declaring they must rule on the Lord Advocate's request for legal clarity, because the outcome would clearly have a real-world legal impact.

    That underlines that while the Supreme Court sits across the road from Westminster, it takes very seriously its constitutional role in analysing how devolution matters affect the administrations in Edinburgh, Cardiff and Belfast.

    It concluded it had a duty to give Holyrood an authoritative judicial decision, rather than leave it in the dark, because that would strengthen the rule of law, a cornerstone of modern democracy.

  16. What's been happening?published at 12:23 Greenwich Mean Time 23 November 2022

    Media caption,

    Lord Reed delivers the Supreme Court judgement as Scottish government loses indyref2 court case

    If you're just joining us or need a catch-up, here's the latest on the Supreme Court's ruling on the proposed Scottish independence referendum:

    • The Supreme Court has ruled that the Scottish government cannot hold an independence referendum without the UK government's consent
    • Court president Lord Reed said judges ruled unanimously that a referendum bill can only be brought forward with Westminster’s backing
    • First Minister Nicola Sturgeon, who had pushed for a referendum to be held next year, expressed disappointment at the decision but said she respected the court's ruling, adding that "Scottish democracy will not be denied"
    • She told a press conference that a referendum remained her preferred option, but in the absence of an agreement the SNP would use the next UK general election as a "de facto referendum"
    • Scottish Conservative leader Douglas Ross called the ruling "a clear and unequivocal verdict" that must be respected, while Scottish Greens co-leader Patrick Harvie said there is a "clear and democratic mandate for a second referendum"
    • Scottish Secretary Alister Jack said Westminster will continue to "work constructively with the Scottish government" in tackling challenges
    • A series of pro-independence rallies are due to be held in towns and cities across Scotland this evening
  17. 'Majority support for independence is an essential'published at 12:18 Greenwich Mean Time 23 November 2022

    The first minister is asked to spell out what election outcome she would consider a mandate for independence.

    She is also asked if she does not get that mandate is that the end of the independence campaign.

    The first minister insists her party will set out the precise nature of what they are asking the people of Scotland to vote for.

    Sturgeon reiterates there will be a special conference early next year to allow her party as a whole to plan going forward should they win a mandate to do so.

    Quote Message

    Majority support for independence is an essential requirement of Scotland, or any country, becoming independent."

    Nicola Sturgeon, Scotland's first minister

  18. 'If we can't win, we don't deserve to be independent,' says Sturgeonpublished at 12:13 Greenwich Mean Time 23 November 2022

    Media caption,

    Next election will be de facto vote on Scottish independence

    Sturgeon is asked what she would say to supporters of independence who worry she is leading them into a trap, and that people will not participate in a general election as a referendum campaign.

    Sturgeon says she has campaigned for independence since she was 16 years old and has dedicated a lifetime to the cause of independence.

    "That is why I do, sometimes to the frustration of people on my own side, take care around the decisions I make on this because I recognise I am the temporary leader of a movement that is much bigger than I am," she says.

    She adds that if she can't win 50% of Scottish support for independence "we can't be independent, that applies in a referendum and in a de facto referendum".

    "Anyone who says we can't do this because we might not win, if we can't win we don't deserve to be independent."

  19. This is now as much about democracy as independence - FMpublished at 12:09 Greenwich Mean Time 23 November 2022

    Sturgeon says the SNP will launch and mobilise a major campaign "in defence of Scottish democracy".

    She says, from now on, the independence movement is as much about democracy as it is independence.

    The first minister says the case for Scotland becoming independent is "more compelling and urgent than ever".

  20. Analysis

    Tricky questions about how a de facto referendum would workpublished at 12:03 Greenwich Mean Time 23 November 2022

    Philip Sim
    BBC Scotland political correspondent, at the Supreme Court

    Nicola Sturgeon is clear that this judgement should pose big questions for the UK government about whether the UK is a voluntary partnership of equals, and about democratic mandates.

    But she knows she too is going to face a lot of questions in the coming days about her strategy going forward.

    That course appears to be to put the question to the public in a “de facto” referendum, by using the next election as a single-issue campaign.

    There are some really tricky questions about how exactly that would work, given the other main parties contesting it will insist the election is actually about choosing a government.

    So Ms Sturgeon has attempted to push some of those questions down the road a bit by announcing a special conference of the SNP to study them.

    That means every time she’s asked how some element of her strategy would work in practice, she can say “well we’ll be debating that in the new year”.