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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.

Speaking from Edinburgh in the hours after the ruling, Ms Sturgeon said she accepted the judgement, and the issue was not with judges interpreting it, but the law itself.

“Until now it has been understood by opponents of independence, as well as by its supporters, that the UK is a voluntary partnership of nations,” she said.

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“[But] let us be blunt. A so-called partnership in which one partner is denied the right to choose a different future, or even to ask itself question cannot be described in any way as voluntary or even partnership at all.

“So this ruling confirms that the notion of the UK, a voluntary partnership of nations, if it ever was a reality, is no longer a reality, and that it exposes a situation that is quite simply unsustainable.”

The first minister said the option “remains open” to the UK government to “accept democracy and reach an agreement” over how to hold a second referendum.

But if not, she pledged “not to give up on democracy” and use the next general election to ask the question, with a special party conference in the new year to agree the detail.

“This is no longer just about whether or not Scotland becomes independent, vital though that decision is,” said Ms Sturgeon. It is more fundamental.

“It is now about whether or not we even have the basic democratic right to choose own future. Indeed, from today, the independence movement is as much democracy as it is about independence.”

However, Speaking in the Commons, Scotland Secretary Alister Jack said the government welcomed the ruling, and called on the Scottish government “to set aside these divisive constitutional issues so that we can work together, focusing all of our attention and resources on the key issues that matter the people of Scotland”.

He added: “When we work together as one United Kingdom, we are safer, stronger and more prosperous.”

‘Political consequences’

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.

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 Scottish Labour leader Anas Sawar said: “We must now focus on the problems facing our country, from rising bills to the crisis in our NHS.”

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.”

And ex-PM Mrs May attacked the SNP at Prime Minister’s Questions, saying: “Scotland is a proud nation with a unique heritage. It is a valued member of our family of nations, a union of people bound through generations by shared interests.

“This morning’s Supreme Court decision gives the Scottish Nationalists, the SNP, the opportunity for once to put the people of Scotland first and its obsession with breaking us apart.”

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Driver hits several people on French holiday island of Ile d’Oleron

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Driver hits several people on French holiday island of Ile d'Oleron

A driver has knocked down several people on the French island of Ile d’Oleron.

Two people are in intensive care following the incident and a man has been arrested, French interior minister Laurent Nunez said.

Several others were injured after the motorist struck pedestrians and cyclists, he added.

Thibault Brechkoff, the mayor of Dolus-d’Oleron, told BFMTV the suspect shouted “Allahu Akbar” (Arabic for God is Greatest) when he was detained.

Arnaud Laraize, the public prosecutor in La Rochelle, told the Sud Ouest newspaper the 35-year-old suspect “resisted arrest” and was “subdued using a stun gun”.

He said the suspect was known for minor offences such as theft, adding he was not on a list of people considered a threat to national security.

Pedestrians and cyclists were hit on a road between Dolus d’Oleron and Saint-Pierre d’Oleron, he added.

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Police were alerted, with the first calls made at around 9am, according to French media reports.

Mr Nunez said in a post on X that he was heading to the scene at the request of the French prime minister.

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Aerial images show destruction of Typhoon Kalmaegi in Philippines – with at least 66 killed

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Aerial images show destruction of Typhoon Kalmaegi in Philippines - with at least 66 killed

At least 66 people have died after Typhoon Kalmaegi struck the Philippines, as footage emerges showing the scale of destruction.

A further 26 people have been reported missing, half of them in Cebu, where floods and mudslides killed at least 49 people, the Office of Civil Defence said.

Six crew members of a military helicopter were also killed when it crashed on the island of Mindanao, where it was carrying out a humanitarian disaster response mission, according to the military.

The powerful storm, locally named Tino, made landfall early on Tuesday and lashed the country with sustained winds of 87mph and gusts of up to 121mph.

Drone footage shows wrecked homes after heavy flooding in Cebu province. Pic: Reuters
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Drone footage shows wrecked homes after heavy flooding in Cebu province. Pic: Reuters

Some communities have been wiped out. Pic: AP
Image:
Some communities have been wiped out. Pic: AP

‘State of calamity’ in Cebu

Several people were trapped on their roofs by floodwaters in the coastal town of Liloan in Cebu, said Gwendolyn Pang, secretary-general of the Philippine Red Cross.

She said in the city of Mandaune, also in Cebu, floodwaters were “up to the level of heads of people”, adding that several cars were submerged in floods or floated in another community in Cebu.

Cebu, a province of more than 2.4 million people, was still recovering from a 6.9 magnitude earthquake on 30 September, which left at least 79 people dead.

A state of calamity has been declared in the province to allow authorities to disburse emergency funds more rapidly.

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Entire towns flooded in the Philippines after typhoon

Damaged vehicles after flooding in Cebu City. Pic: AP
Image:
Damaged vehicles after flooding in Cebu City. Pic: AP

Pic: Reuters
Image:
Pic: Reuters

Fierce winds either ripped off roofs or damaged around 300 mostly rural shanties on the island community of Homonhon in Eastern Samar, but there were no reported deaths or injuries, mayor Annaliza Gonzales Kwan said.

“There was no flooding at all, but just strong wind,” she said. “We’re okay. We’ll make this through. We’ve been through a lot, and bigger than this.”

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Red Cross staff rescue people and dogs. Pic: Reuters
Image:
Red Cross staff rescue people and dogs. Pic: Reuters

Pic: AP
Image:
Pic: AP

Hnndreds of thousands evacuated

Before Kalmaegi’s landfall, officials said more than 387,000 people had been evacuated to safer ground in eastern and central Philippine provinces.

The combination of Kalmaegi and a shear line brought heavy rains and strong winds across the Visayas and nearby areas, state weather agency PAGASA said.

A shear line is the boundary between two different air masses such as warm and cold air.

Pic: AP
Image:
Pic: AP

A boy with a goldfish he caught after a nearby fish farm flooded. Pic: AP
Image:
A boy with a goldfish he caught after a nearby fish farm flooded. Pic: AP

Vietnam gears up for storm

The Vietnamese government has said it was preparing for the worst-case scenario as it braced for the impact of Kalmaegi.

The typhoon is forecast to reach Vietnam’s coasts on Friday morning. Several areas have already suffered heavy flooding over the last week, leaving at least 40 people.

Kalmaegi hit the Philippines as it continues to recover from several disasters, including earthquakes and severe weather over recent months.

Around 20 typhoons and storms hit the Philippines each year, and the country is also often struck by earthquakes and has more than a dozen active volcanoes.

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Meet the underground squad with the lives of countless civilians in their hands

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Meet the underground squad with the lives of countless civilians in their hands

“Follow me and be careful,” says the commander, as he leads us down a narrow path in the dead of night.

The overgrown tract had once been occupied by the Russians, and there are landmines scattered on the side of the path.

But the men with us are more concerned about the threat from above.

Members of a unit in Ukraine’s 3rd Assault Brigade, they run a covert operation from an underground cellar, tucked behind a ruined farmhouse.

And what they are doing in this old vegetable store is pushing the boundaries of war.

“This is the interceptor called Sting,” says the commander, named Betsik, holding up a cylindrical device with four propellers.

“It’s an FPV [first-person view] quad, it’s very fast, it can go up to 280km. There’s 600 grams of explosive packed in the cap.”

The Sting interceptor drone used by the Ukrainians
Image:
The Sting interceptor drone used by the Ukrainians

However, he had not told us the most important thing about this bulbous drone.

“It can easily destroy a Shahed,” he says with determination.

Devastating and indiscriminate drone attacks

Once viewed as a low-cost curiosity, the Iranian-designed Shahed drone has turned into a collective menace.

As Russia’s principal long-range attack weapon, enemy forces have fired 44,228 Shaheds into Ukraine this year, with production expected to rise to 6,000 per month by early next year.

A Shahed-136 drone used by Russia amid its attack on Ukraine, on display in London. Pic: Reuters
Image:
A Shahed-136 drone used by Russia amid its attack on Ukraine, on display in London. Pic: Reuters

The Russians are also changing the way they use them, launching vast, coordinated waves at individual cities.

The damage can be devastating and indiscriminate. This year, more 460 civilians have been killed by these so-called kamikaze weapons.

Russia’s strategy is straightforward. By firing hundreds of Shaheds on a single night, they aim to overload Ukraine’s air defences.

It is something Betsik reluctantly accepts.

Betsik observes the work of the team on in the cellar
Image:
Betsik observes the work of the team on in the cellar

Still, his unit has come up with a groundbreaking way to tackle it.

Perched in the centre of the vegetable store, we watch a youthful drone pilot and a couple of navigators staring at a bank of screens.

“Guys, there’s a Shahed 10km away from us. Can we fly there?” asks one of the navigators, called Kombucha.

He had just spotted a Shahed on the radar, but the enemy projectile was just out of reach.

“Well, actually 18 km – it’s too far,” Kombucha says.

“Do you know where it is going?” I ask.

“Yes, Izyum, the city. Flying over Izyum, I hope it won’t hit the city itself.”

Kombucha takes a deep breath.

“It is driving me nuts when you can see it moving, but you can’t do anything about it.”

The chase

The atmosphere soon changes.

“Let’s go. Help me lift the antenna.”

An engineer runs an interceptor drone up to the unit’s ad-hoc launch pad, located on a pile of flattened brick.

“The bomb is armed.”

The drone pilot, called Ptaha, tightens his grip on the controller and launches the Sting into the night sky.

Now, they hunt the Shahed down.

Their radar screen gives them an idea of where to look – but not a precise location.

“Target dropped altitude.”

“How much?”

“360 metres. You’re at 700.”

Instead, they analyse images produced by the interceptor’s thermal camera. The heat from the Shahed’s engine should generate a white spec, or dot, on the horizon. Still, it is never easy to find.

“Zoom out. Zoom out,” mutters Ptaha.

Then, a navigator code-named Magic thrusts his arm at the right-hand corner of the screen.

“There, there, there, b****!”

“I see it,” replies Ptaha.

The pilot manoeuvres the interceptor behind the Russian drone and works to decrease the distance between the two.

The chase is on. We watch as he steers the interceptor into the back of Shahed.

“We hit it,” he shouts.

“Did you detonate?”

“That was a Shahed, that was a Shahed, not a Gerbera.”

Going in for the kill

The Russians have developed a family of drones based on the Shahed, including a decoy called the Gerbera, which is designed to overwhelm Ukrainian defences.

However, the 3rd Brigade tells us these Gerberas are now routinely packed with explosives.

“I can see you’ve developed a particular technique to take them all down,” I suggest to Ptaha. “You circle around and try to catch them from behind?”

“Yes, because if you fly towards it head-on, due to the fact that the speed of the Shahed…”

The pilot breaks off.

“Guys, target 204 here.”

It’s clear that a major Russian bombardment is under way.

“About five to six km,” shouts Magic.

With another target to chase, the unit fires an interceptor into the sky.

Ptaha stares at the interceptor’s thermal camera screen.

The lives of countless Ukrainians depend on this 21-year-old.

“There, I see it. I see it. I see it.”

The team pursues their target before Ptaha goes in for the kill.

“There’s going to be a boom!” says Magic excitedly.

“Closing in.”

On the monitor, the live feed from the drone is replaced by a sea of fuzzy grey.

“Hit confirmed.”

“Motherf*****!”

‘In a few months it will be possible to destroy most of them’

The Russians would launch more than 500 drones that night.

Betsik and his men destroyed five with their Sting interceptors and the commander seemed thrilled with the result.

“I’d rate it five out of five. Nice. Five launches, five targets destroyed. One hundred percent efficiency. I like that.”

Maxim Zaychenko
Image:
Maxim Zaychenko

Nevertheless, 71 long-range projectiles managed to slip through Ukraine’s air defences, despite efforts made to stop them.

The head of the air defence section in 3rd Brigade, Maxim Zaychenko, told us lessons were being learnt in this underground cellar that would have to be shared with the entire Ukrainian army.

“As the number of Shaheds has increased we’ve set ourselves the task of forming combat crews and acquiring the capabilities to intercept them… it’s a question of scaling combat crews with the right personnel and equipment along the whole contact line.”

Betsik speaks to Sky News
Image:
Betsik speaks to Sky News

Buoyed by the night’s successes, Betsik was optimistic.

“In a few months, like three to five, it will be possible to destroy most of them,” he said.

“You really think that?” I replied.

“This is the future, I am not dreaming about it, I know it will be.”

Photography by Katy Scholes.

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