Supreme Court date for indyref2 case set for 11 October

A key court case that could allow the Scottish Parliament to legislate for another independence referendum will hear arguments in October, the Supreme Court has said.

The Scottish government wants judges to settle whether MSPs could legislate for a vote without Westminster's backing.

But UK law officers argue this is premature, and want the case thrown out without a ruling either way.

The hearing will take place in London on 11 and 12 October.

The panel for the case will be announced at the end of September.

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Judges have said they want to hear the full arguments from both sides before coming to a decision.

The two parties have until 9 August to make written submissions.

Scotland's first minister Nicola Sturgeon wants to hold a vote on 19 October 2023, and is pushing for an agreement with the UK government to allow this.

A similar deal led to Scotland's independence referendum in 2014.

UK ministers are opposed to this, so Ms Sturgeon wants the Supreme Court to rule on whether Holyrood has the power to hold a vote without Westminster's support.

UK government law officers claim this move was premature and that the usual route should be for MSPs to pass a bill before the court scrutinises it.

The court has asked both sides to provide substantive arguments at the same time as considering that point, asking for full written submissions to be made in the coming weeks.

Judges refused a motion from the Advocate General for Scotland - the UK government's top Scottish law officer - asking for these submissions to be limited solely to the question of whether the court should rule on the case.

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The Supreme Court said it was "in the interests of justice and the efficient disposal of the proceedings that the court should hear argument on both issues at a single hearing".

Scottish government constitution secretary, Angus Robertson, said confirmation of the October date was "welcome news.".

He added: "The Lord Advocate's written case has been filed with the Supreme Court and will be published in due course."

The UK government also welcomed the hearing date.

A spokesperson said: "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."

Holyrood and Westminster are both now in recess, and politicians would do well to enjoy their summer break with a frantic autumn in the offing.

A new prime minister will be installed in September - then in October the Supreme Court will consider the issue of indyref2.

Both of these developments are crucial to whether Nicola Sturgeon can deliver the vote she has targeted in October 2023.

The new prime minister will surely sit down with her at some point, but both of the remaining candidates have already made their opposition to a referendum clear.

That moves the first minister on to Plan B - a court ruling. She will hope judges back Holyrood's right to legislate for a vote, although she knows this might be a tall order.

If they rule against this, then Ms Sturgeon will spread her hands and ask what routes are left open to her - looking to put pressure on UK ministers to come back to the table.

So these autumn dates represent some progress towards clearing up the questions over indyref2 - even if they might not ultimately break the stalemate.