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. Next national election will be de facto vote on Scottish independence - Sturgeonpublished at 11:59 Greenwich Mean Time 23 November 2022

    nicola sturgeonImage source, Getty Images

    Sturgeon says the next national election will be a de facto vote on Scottish independence.

    After the Supreme Court rejected a bid for a second referendum, she says she will find another democratic, lawful and constitutional means for the Scottish people to express their will.

    "The next national election scheduled for Scotland is the UK general election - making that both the first and most obvious opportunity to seek what I describe as a de facto referendum," she says.

    She says no political party can dictate the basis on which people cast their votes but a party should be "crystal clear" about the purpose it is seeking popular support for.

    "In this case, for the SNP, that will be to establish majority support in Scotland for independence, so we can then achieve independence."

  2. 'I will not go cap in hand'published at 11:56 Greenwich Mean Time 23 November 2022

    The first minister says it remains open for the UK government to accept democracy and reach agreement on a referendum.

    She says she stands ready to make such an agreement to allow a lawful democratic referendum to take place.

    "What I will not do, however, is go cap in hand."

    She says she expects the UK government will continue with its outright "democracy denial".

  3. 'Equality can only come from independence'published at 11:55 Greenwich Mean Time 23 November 2022

    The first minister turns to a quote from former Tory PM John Major who said "no nation can be held irrevocably in a union against its will".

    She says today's judgement confirms that the only guarantee of equality for Scotland is through independence.

  4. Sturgeon says she expects some triumphalism from unionist politicianspublished at 11:49 Greenwich Mean Time 23 November 2022

    First Minister Nicola Sturgeon says she's enough of a realist to know the immediate questions posed by today's judgement will be for her and the Scottish National Party.

    She adds that she is "long enough in the political tooth to expect some triumphalism on the part of unionist politicians".

    "However, unionists of a more thoughtful disposition, and I do believe they exist, will, I suspect, know that to be misguided."

    She says those MPs would have been hoping that the court, as the UK government asked it to do, would have declined to answer the question today.

    "They will understand this judgement raises profound and deeply uncomfortable questions about the basis and future of the UK."

  5. Ruling a 'hard pill to swallow' says FMpublished at 11:45 Greenwich Mean Time 23 November 2022

    The court was not asked to decide if there is a democratic mandate for a referendum, continues the first minister.

    The mandate is "quite simply undeniable" she adds.

    The only question the court was asked to decide was, can the Scottish Parliament legislate for indyref2 without the prior agreement of Westminster, says Ms Sturgeon.

    "The Scottish Parliament cannot legislate for the referendum that the people of Scotland have instructed it to deliver."

    She says that is a hard pill to swallow.

  6. Indyref 'must be lawful and democratic'published at 11:42 Greenwich Mean Time 23 November 2022

    Sturgeon insists the route to independence must be "lawful and democratic" for independence to be achieved.

    The first minister tells the press conference independence is "essential".

    She insists the Scotland Act is not consistent with Scottish democracy.

  7. The first minister begins her statementpublished at 11:39 Greenwich Mean Time 23 November 2022

    Nicola SturgeonImage source, PA Media

    The first minister begins by reiterating her disappointment with the ruling, but says she will respect it.

    She says her party will always be guided by democracy as it pursues independence.

  8. Watch the first minister's press conferencepublished at 11:29 Greenwich Mean Time 23 November 2022

    First Minister Nicola Sturgeon will shortly give her reaction in person, from the Apex Hotel in Edinburgh.

    Ms Sturgeon has already tweeted, external her disappointment with the ruling, but pledged to respect it.

    You can watch the first minister's statement in full here with us.

  9. Analysis

    An almighty political row is comingpublished at 11:25 Greenwich Mean Time 23 November 2022

    Philip Sim
    BBC Scotland political correspondent, at the Supreme Court

    This ruling will have a huge bearing on the debate about Scottish independence.

    But it is not going to put the issue to bed on its own and an almighty political row is now going to follow.

    It’s not as if Nicola Sturgeon is going to give up on independence. She has been clear that she would paint a negative Supreme Court ruling as another roadblock in the path of Scottish democracy, and would hope that the perceived unfairness of being denied a say would prompt a wave of public support.

    There will also be significant questions for UK ministers about how exactly the constitutional question is ever going to be resolved, given it continues to dominate Scottish politics.

    Judges have outlined what the law tells us, but in the end only politicians can settle this issue once and for all.

  10. Scotland's political leaders react to Supreme Court verdictpublished at 11:20 Greenwich Mean Time 23 November 2022

    Scottish flag flyingImage source, Reuters

    As we've been reporting, Supreme Court judges have ruled the Scottish government cannot hold another independence referendum without the UK government's consent.

    Scottish Labour leader Anas Sarwar said it was right for the Scottish government to seek legal clarity on the issue, but added that "the Supreme Court's answer was clear".

    Sarwar tweeted, external: "We must now focus on the problems facing our country, from rising bills to the crisis in our NHS.

    "There is not a majority in Scotland for a referendum or independence, neither is there a majority for the status quo."

    Douglas Ross, leader of the Scottish Conservatives, said: "This was a clear and unequivocal verdict delivered by the highest court in the country" and he said the Scottish National government and their supporters must respect it.

    Ross tweeted, external: "The Scottish people have made it clear in poll after poll that they don't want another referendum next year."

    Scottish Lib Dems leader Alex Cole-Hamilton said "breaking up the UK simply isn’t a priority for people opening their bills with dread or struggling to get the treatment they need".

    "It is time the SNP Government finally focus on what really matters. What Scotland needs now is new hope not old divisions," he tweeted, external.

    Scottish Greens co-leader Patrick Harvie said his pro-independence party respects the decision of the court "but it does nothing to alter the principle that Scotland’s future must be determined by the people of Scotland".

    “There is a clear and democratic mandate for a second referendum that grows every day as the devastation of a Brexit that was overwhelmingly rejected by Scotland escalates."

  11. 'A lot of people won't be happy... but the law is clear'published at 11:12 Greenwich Mean Time 23 November 2022

    independence supporterImage source, Getty Images

    The unanimous judgement by the Supreme Court explains why it was delivered so quickly, says Dr Nick McKerrell, senior lecturer in law at Glasgow Caledonian university,

    “We’re clear now… the Supreme Court reading of this bill says the proposed referendum is too close to those aspects of the constitution which it’s not allowed to make laws about,” he tells the BBC.

    “Therefore it doesn’t have the power to introduce the bill, so it’s a clear no.

    “A lot of people won’t be happy with it but there’s clarity in what the law states in terms of reserved matters in regards of an independence referendum.”

  12. PM and UK government 'will continue to work with Holyrood'published at 11:06 Greenwich Mean Time 23 November 2022

    The UK government may be hopeful that the question of Scottish independence has "gone away" for now.

    But Alister Jack says Westminster and Holyrood must work together on the other issues which are important to the public.

    Quote Message

    As the Prime Minister has made clear, we will continue to work constructively with the Scottish government in tackling all the challenges we share and face.”

    Alister Jack, Scottish Secretary

  13. Scottish Secretary respects unanimous ruling from the Supreme Courtpublished at 11:01 Greenwich Mean Time 23 November 2022

    Scottish Secretary Alister JackImage source, PA Media

    Scottish Secretary Alister Jack says he respects the unanimous ruling from the Supreme Court.

    “People in Scotland want both their governments to be concentrating all attention and resources on the issues that matter most to them," he says.

    "That’s why we are focussed on issues like restoring economic stability, getting people the help they need with their energy bills, and supporting our NHS.

    “Today alone, 11.6 million UK pensioners – around one million in Scotland – are starting to receive up to £600 to help with their energy bills this winter."

  14. Analysis

    Giving with one hand and taking with the otherpublished at 10:56 Greenwich Mean Time 23 November 2022

    Philip Sim
    BBC Scotland political correspondent, at the Court of Session

    Reading through the detail of the judgement, it underlines the difficulty of the position the Lord Advocate was in.

    This was a two-part question – firstly should the court rule at all, and should it back Holyrood’s power to set up a referendum?

    Dorothy Bain KC needed to argue that the case was a weighty issue of great constitutional importance, because she needed the judges to agree to make a ruling.

    But she also needed to argue that a referendum would be of limited legal consequence, in order to try to actually win the main argument.

    The judges noted that she had “very fairly” laid out both sides of the case, in her bid to get a ruling – and she did win on that point.

    But the judges were quick to note the “contrast” with her pleadings about the legal impact of a vote, and said the initial point about the bill’s significance were “a more realistic assessment”.

    So winning on point one effectively lost the argument on point two.

  15. Scottish independence isn't going away, says polling expertpublished at 10:50 Greenwich Mean Time 23 November 2022

    Scottish  Independence campaigners im 2014Image source, Getty Images

    What’s clear from today’s ruling is that the issue of Scottish independence “isn’t going away,” says Dr Emily Gray, head of polling at Ipsos Scotland.

    “For pro-independence parties. this will be seen as another unfair block in the way of Scottish democracy,” she tells BBC’s Politics Scotland programme.

    She says Nicola Sturgeon will now face questions about whether she will press ahead with turning the next general election into a single issue vote on independence.

    “What we’ve seen on public opinion is the polls haven’t really moved this year, so the Scottish public is split down the middle on independence.

    “From a public perspective, when we’ve polled on this recently the only route that a clear majority sees as legitimate is a referendum that both the Scottish government and the UK have agreed to.”

  16. SNP MP calls for early Holyrood electionpublished at 10:46 Greenwich Mean Time 23 November 2022

    Ahead of the ruling, the Scottish government had said the next general election could be a de facto referendum on Scottish independence.

    Angus Brendan MacNeil MP says his preferred option would be an early Holyrood election.

    "If we hold an election on only one issue, there's only one media narrative around that election and that would be independence or remaining in the union.

    "And I'm quite confident the people of Scotland would choose independence."

  17. 'Scotland is effectively a hostage in the union' - SNP MPpublished at 10:38 Greenwich Mean Time 23 November 2022

    SNP MP Angus Brendan MacNeil
    Image caption,

    SNP MP Angus Brendan MacNeil

    Our Westminster correspondent David Porter is getting reaction outside the Supreme Court, where SNP MP Angus Brendan MacNeil tells him he is not really surprised by the ruling.

    Mr MacNeil says this is why he wanted to debate a "Plan B" at SNP conference for the last three years.

    "The position now for the Scottish government and for people in Scotland is, if you want independence you have to use the ballot boxes at elections", he says.

    "And in some ways you might only get one referendum but you're going to get a lot of elections."

    The SNP MP adds the situation thrown up by the Supreme Court ruling "may ease the path or make more opportunities for Scottish independence going forward.

    He goes on to say: "Scotland is effectively a hostage in the union, but the way out is of course the ballot box."

  18. How Lord Reed delivered the rulingpublished at 10:31 Greenwich Mean Time 23 November 2022

    Lord ReedImage source, Supreme Court
    Quote Message

    "The court unanimously concludes that the proposed bill does relate to reserved matters. Accordingly in the absence of any modification of the definition of reserved matters, by an order in council under Section 30 of the Scotland Act or otherwise, the Scottish Parliament does not have the power to legislate for a referendum on Scottish independence."

    Lord Reed, President, UK Supreme Court

  19. Analysis

    UK government hopes independence issue will be put to bedpublished at 10:20 Greenwich Mean Time 23 November 2022

    Chris Mason
    Political editor

    I’m just off the phone from someone in a senior place in the UK government.

    They were always pretty confident this judgement would go their way, but acknowledge privately there are always "jitters" when matters are in the hands of a court.

    They hope this now puts the issue of Scottish independence to bed for a while.

    Good luck with that. Expect the SNP’s leader at Westminster Ian Blackford to raise it at PMQs and an urgent question to follow in the Commons later, with the Scottish Secretary Alister Jack responding for the UK government.

    The tone, I am told, from UK ministers, will be "magnanimous".

    They’ll focus on what they see as the priorities of people across the UK - not least the cost of living.

    But the SNP will continue to make the argument they have the democratic mandate for another referendum - and have talked of turning the next general election into a de facto referendum.

    That is an illustration that their routes right now on having another say on Scotland’s future are shrinking.

  20. Sturgeon 'disappointed but respectful'published at 10:17 Greenwich Mean Time 23 November 2022

    nicola sturgeonImage source, Getty Images

    Scotland's First Minister Nicola Sturgeon has given her immediate reaction to the ruling.

    She tweeted, external: "While disappointed by it I respect ruling of @UKSupremeCourt, external - it doesn't make law, only interprets it. A law that doesn't allow Scotland to choose our own future without Westminster consent exposes as myth any notion of the UK as a voluntary partnership & makes case for Indy.

    Scottish democracy will not be denied. Today’s ruling blocks one route to Scotland’s voice being heard on independence - but in a democracy our voice cannot and will not be silenced. I'll make a full statement later this morning - tune in around 11.30am."