Indyref2 cannot go ahead without UK parliament permission, court rules

Published

2 years ago

November 23, 2022

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The Scottish Parliament does not have the power to call a second independence referendum in the country, the Supreme Court has said.

The unanimous ruling from the UK’s top judges said, despite demands from the SNP for a fresh vote, the country’s government would need approval from the government in Westminster before going ahead.

First Minister Nicola Sturgeon had proposed a second referendum – dubbed Indyref2 – for 19 October 2023.

Politics live: ‘Disappointed’ Sturgeon responds to Supreme Court ruling

But she had also warned she would use the next general election as an informal referendum if the court ruled against her plan.

Tweeting after the ruling was made, the first minister said while she was “disappointed”, she respected the ruling, adding the Supreme Court “doesn’t make law, only interprets it”.

Ms Sturgeon added: “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 and makes [the] case for independence.

“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.”

But Scottish Labour leader Anas Sarwar said now the ruling is done, “we must 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.

“One thing is clear – there is a majority in Scotland and across the UK for change. A Labour government will deliver that change.”

And the leader of the Scottish Conservatives, Douglas Ross, said: “The SNP must now get back to work, drop their referendum obsession and focus on what really matters to the people of Scotland.”

Scotland held an independence referendum in 2014 and just over 55% voted to remain part of the UK.

But the pro-independence SNP, which has led the country since 2007, believes it has a mandate to hold a fresh vote because of its continued success in elections – the majority of members in the Scottish Parliament back independence – and because of the change in circumstances since Brexit.

Ms Sturgeon began her attempts to get approval for a new referendum in 2017 by asking then-prime minister Theresa May for a Section 30 order, which is used to increase or restrict, permanently or temporarily, the Scottish Parliament’s legislative authority – and was used to temporarily legislate for the first referendum.

But she and subsequent UK PMs have refused, leading to today’s court case on whether the Scottish Parliament could pass a bill to hold a referendum without the nod from Westminster.

‘Political consequences’

Announcing the ruling, the court’s president, Lord Reed, said legislation for a second vote would relate to “reserved matters”, making it outside the powers of Holyrood.

“A lawfully-held referendum would have important political consequences in relation to the Union and the United Kingdom Parliament,” he said.

“It would either strengthen or weaken the democratic legitimacy of the Union and of the United Kingdom Parliament’s sovereignty over Scotland, depending on which view prevailed, and would either support or undermine the democratic credentials of the independence movement.

“It is therefore clear that the proposed bill has more than a loose or consequential connection with the reserved matters of the Union of Scotland and England, and the sovereignty of the United Kingdom Parliament.”

This is a blow for Sturgeon – Analysis by Connor Gillies, Scotland correspondent

This is a major blow for Nicola Sturgeon’s ambition to hold a second independence vote next October. It almost certainly rules out that plan.

But it’s not entirely surprising as the First Minister’s own top law officer wasn’t fully convinced of the legal basis for Holyrood legislating for a referendum against Westminster’s approval. That is why the Supreme Court got involved.

Indy campaigners will not be deflated at this ruling.

They are likely to see this as a stumbling block as they now pivot to Plan B which is using the next General Election as a defacto independence vote.

This will mean more rough and tumble of political back and forward. Opposition politicians will boycott.

To read more, click here

Lord Reed also said the panel of judges did not accept the SNP’s argument about the “right to self-determination” in international law.

The party had cited rulings in the Canadian Supreme Court and the International Court of Justice – namely over Quebec’s own independence referendums in 1980 and 1995.

But the leading justice said such an international law only exists in situations “of former colonies, or where a people is oppressed… or where a definable group is denied meaningful access to government”.

“The court found that Quebec did not meet the threshold of a colonial people or an oppressed people, nor could it be suggested that Quebecers were denied meaningful access to government to pursue their political, economic, cultural and social development,” he said.

“The same is true of Scotland and the people of Scotland.”

‘Scotland will be independent’

SNP MPs took to social media to express the upset at the decision, with Dave Doogan tweeting: “In the eyes of the people of Scotland, there is NOTHING settled about the current constitutional arrangement.

“The people will decide, and Scotland will become independent.”

But former Scottish Tory leader Baroness Davidson welcomed the “unanimity and clarity” of the court.

“No doubt the SNP will try to leverage this ruling for further grievance,” she wrote. “If only the huge effort, capacity and resource spent bidding to rerun the original vote had been put into health, education and the economy.”

UK

Man arrested over wildfire that triggered ‘major incident’ in Northern Ireland

Published

1 hour ago

April 6, 2025

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Man arrested over wildfire that triggered 'major incident' in Northern Ireland

A man has been arrested by police investigating a “significant” wildfire that triggered a major incident in Northern Ireland.

More than 100 firefighters and 15 fire appliances were deployed on Saturday to Sandbank Road, Hilltown, to tackle the blaze which is believed to have been caused deliberately, fire chiefs said.

Northern Ireland Fire and Rescue Service (NIFRS) said the fire had a front of approximately two miles “including a large area of forestry close to property”.

It was extinguished at 2.53am on Sunday and the major incident status lifted, the NIFRS said.

“The cause of this fire is believed to have been deliberate,” chief fire and rescue officer Aidan Jennings said.

The Police Service of Northern Ireland said on Sunday that a 25-year-old man had been arrested “on suspicion of arson being reckless as to whether life would be endangered, and non-related driving offences”.

“He remains in custody at this time as enquiries continue into the circumstances surrounding the fire,” the force added.

Various fires erupted across England this week amid uncharacteristically warm and dry conditions for the time of year.

On Saturday, helicopters were deployed to tackle Scotland’s fourth wildfire this week, with police saying a blaze “which started in the Newton Stewart area has spread northwards and is expected to reach the Loch Doon area of East Ayrshire around 12am on Sunday”.

Police Scotland added: “As a precautionary measure members of the public are asked to avoid the Loch Doon area and anyone who may be camping in the area is advised to leave.”

Elsewhere in England, Devon and Cornwall Police said they were assisting the fire service with temporary road closures on the A30 in the Bolventor area as they tackle “a number of fires” on moorland.

In Dorset, Moors Valley Country Park was forced to close after multiple wildfires broke out there on Wednesday.

Separate incidents were then reported at Upton Heath in Poole on Wednesday, and nearby Canford Heath in the early hours of Thursday.

Friday was officially the warmest day of the year so far – with temperatures in the south of England reaching 23C (73.4F) – the highest since 21 September last year, according to the Met Office.

The weather conditions triggered a “severe” wildfire rating for parts of the UK on Tuesday.

UK

Man shot dead in Stanley, County Durham

Published

1 hour ago

April 6, 2025

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Police are investigating after a man was shot dead in County Durham.

Officers were called to an address in Elm Street, Stanley, at about 5.20pm on Saturday after reports of a “disturbance”, Durham Constabulary said.

A man in his 50s was found to have been shot and despite the efforts of paramedics he was pronounced dead at the scene.

His family have been told and are being supported by specially trained officers.

Specialist crime scene investigators are at the scene, and officers are carrying out house-to-house enquiries.

A cordon is in place and is expected to stay there for some time.

Detective Superintendent Neil Fuller said: “This is a truly shocking incident in which a man has been shot and has sadly died.”

He added: “Residents may see an increased police presence in the area. I would like to thank them for their support while we carry out this investigation.

“Our thoughts are with the man’s family at this time.”

Durham Constabulary has urged anyone who witnessed the incident or has dashcam footage or CCTV to contact the force.

UK

Furious row after Labour MPs denied entry to Israel – as Lammy criticises ‘disgraceful’ Badenoch response

Published

1 hour ago

April 6, 2025

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Furious row after Labour MPs denied entry to Israel - as Lammy criticises 'disgraceful' Badenoch response

A furious political row has broken out after two Labour MPs were denied entry to Israel and deported after being accused of planning to “spread anti-Israel hatred”.

Yuan Yang and Abtisam Mohamed were rejected because they were suspected of plans to “document the activities of security forces and spread anti-Israel hatred”, according to a statement from the Israeli immigration ministry.

Ms Yang, who represents Earley and Woodley, and Ms Mohamed, the MP for Sheffield Central, both flew to the country from Luton on Saturday – and later said they were “astounded” by their treatment.

Politics latest: PM ‘unhappy’ about Trump tariffs

The Israeli immigration ministry said the MPs were accompanied by two assistants on the trip and during questioning, they claimed they were visiting Israel “as part of an official parliamentary delegation”.

But Israeli officials said immigration officers found “no evidence to support the claim… they were travelling as part of an official delegation”. “No politicians or government officials were aware they were coming,” they added.

The Council for Arab-British Understanding (CAABU) contradicted Israeli officials, saying the women were part of a “parliamentary delegation” on a trip organised by them and Medical Aid for Palestinians (MAP).

Conservative leader Kemi Badenoch told Sunday Morning With Trevor Phillips she was “not surprised” the MPs were detained and that “every country should be able to control its borders, and that’s what Israel is doing, as far as I understand”.

She said she was “very concerned” about the “rhetoric” on the Middle East from Labour MPs and six independents, and claimed there is “a lot of repeating of misinformation, repeating of conspiracy theories” during Prime Minister’s Questions.

UK Foreign Secretary David Lammy criticised Ms Badenoch’s comments, writing in a post on X: “It’s disgraceful you are cheerleading another country for detaining and deporting two British MPs. Do you say the same about Tory MPs banned from China?.”

Ms Badenoch retorted, saying: “Unlike China, Israel is our ally and a democracy. A good Foreign Sec would be able to make that distinction.”

One of Ms Badenoch’s ministers Richard Fuller appeared to contradict her, however, telling Times Radio: “Any member of Parliament who goes on an official trip should be, I would think, welcomed in any country.”

Chair of the foreign affairs select committee Emily Thornberry MP described Israel’s treatment of the two women as an “insult to our country and to Parliament”.

In a joint statement, Ms Yang and Ms Mohamed said they were “astounded at the unprecedented step taken by the Israeli authorities”.

“It is vital that parliamentarians are able to witness, first-hand, the situation in the occupied Palestinian territory,” they said.

“We are two, out of scores of MPs, who have spoken out in Parliament in recent months on the Israel-Palestine conflict and the importance of complying with international humanitarian law. Parliamentarians should feel free to speak truthfully in the House of Commons, without fear of being targeted.”

They said they had travelled to “visit humanitarian aid projects and communities in the West Bank” with “UK charity partners who have over a decade of experience in taking parliamentary delegations”.

Israel’s UK embassy said the MPs were denied entry because they had “accused Israel of false claims, were actively involved in promoting sanctions against Israeli ministers, and supported campaigns aimed at boycotting the state of Israel”.

It said the women “chose not to exercise their right under Israeli law to petition the court to reconsider the decision”.

As a result, they were “offered hotel accommodation, which they declined” and their return flight was covered by the Israeli state.

“The visit was intended to provoke anti-Israel activities at a time when Israel is at war and under attack on seven fronts. Its purpose was to harm Israel and Israeli citizens and spread falsehoods about them,” the statement added.

“The state of Israel has both the authority and the duty to prevent the entry of individuals whose presence in the country is intended to cause harm to its citizens – just as such authority exists in the United Kingdom.”

Earlier in a statement to Sky News, Mr Lammy said it was “unacceptable, counterproductive, and deeply concerning that two British MPs on a parliamentary delegation to Israel have been detained and refused entry by the Israeli authorities”.

“I have made clear to my counterparts in the Israeli government that this is no way to treat British parliamentarians, and we have been in contact with both MPs tonight to offer our support.

“The UK government’s focus remains securing a return to the ceasefire and negotiations to stop the bloodshed, free the hostages and end the conflict in Gaza.”

In an interview with Sky News, Dame Emily Thornberry said her two colleagues are “highly intelligent, well informed” and “really well respected”.

“They speak on behalf of a lot of people,” said the Labour MP, warning Israel that instead of “alienating” and “humiliating” them it should “engage” with them.

She confirmed the women have landed back in the UK and that “they’ll be okay”. But she added: “I am so angry.”

Labour Friends of Israel said it was “wrong and counterproductive for Israel to refuse entry to British members of Parliament”.

“Over the years we’ve taken hundreds of MPs to Israel and Palestine; it’s vital parliamentarians are able to visit and understand the situation on the ground,” it said.