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.

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.

“[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.”

World

Under siege in Ukraine, schools go underground to keep life as normal as possible for children

Published

54 mins ago

November 17, 2024

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Under siege in Ukraine, schools go underground to keep life as normal as possible for children

If you know a teacher, or you are a teacher, you’ll understand that many in the profession consider their jobs one of the best in the world, while also acknowledging it can be one of the most stressful.

Teaching in a war zone takes it to another level on both fronts.

But imagine teaching in a war zone in say the London Underground or the Paris or New York metros?

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Well, that’s exactly what is happening in Kharkiv, Ukraine’s second largest city – a city attacked by Russia on a constant basis.

In 2023, the authorities banned children from being taught in regular school buildings here because of the threat they were under from missile strikes.

So Kharkiv city and its education department started working on a plan.

That plan has concluded with the construction of six schools in six metro stations, teaching 4,800 children daily whose families haven’t fled the war.

Intrigued by this new educational experiment, as it’s still considered, we were told to meet at the University metro station in the centre of the city and wait to be taken to the school.

Soviet-era metro stations, and particularly the platforms, are universally grand and ornate, although Ukraine’s are slightly more modest.

Pedestrian walkways though are always crammed with florists, newspaper stands, mobile phone shops and cafes, and Kharkiv’s are no different.

What is different though is that next to the main platform entrance, an adjacent passageway has been sealed off by a white wall with three doors built into it.

We were ushered inside, past a guard and into a concourse with two desks.

In front of us, we could see a wide staircase leading to a long corridor. Above us, large, shiny silver metal tubes stretched into the distance, pumping in air from above ground.

Lining the corridor, we could see a series of white interconnecting cabins, all brightly lit, and from them, we could hear the sounds of children laughing, music, and teachers conducting class in this strange subterranean school.

Perhaps the only school in the world with one corridor.

A door to one of the classes opened, and in pairs, a class of six and seven-year-olds emerged – their teacher at the front and an assistant at the rear.

They’re heading to the bathroom for a toilet break, the staff must keep an eye on them.

If any of the children were to make it out of the school, they could easily get lost in the underground system.

The pupils are spread across seven classrooms with a mix of yellow and green desks and chairs, and walls decorated with bright pictures like rainbows, sunshine and sunflowers, to try to create a cheery atmosphere.

“At first, the children were bewildered by studying here, it felt unfamiliar to them, but interacting with each other and with their teachers helped them to adapt,” Iryna Tarasenko from Kharkiv’s education department told me.

Iryna is showing me around the school. They feel it’s their way of contributing to the war effort.

She said: “In the summer of 2023, the Defence Council didn’t permit children to study in regular school buildings, so, we had to find a solution. This is our frontline – our educational frontline.”

There are of course health concerns for both the teachers and the pupils spending so much time underground, so medical examinations are done on a regular basis.

It is an opportunity for doctors and behavioural specialists to monitor the effects of this war on them.

Dmytro Mitelyov is the neurologist on duty monitoring the children’s behaviour, checking for any signs of stress – physical and mental.

He gently asks each child how they’re feeling, and asks if they have any aches and pains.

“These are children who haven’t left Kharkiv since the war began, they live in a constant state of stress, multifaceted stress caused by a range of factors. They are exposed to things they see and hear, like alarms, explosions, and they feel it all,” Dmytro told me.

“When these children grow older, all the trauma they’ve endured during their formative years can, unfortunately, leave a lasting and serious imprint on their mental health. They haven’t had a healthy, carefree childhood – the kind where they can learn, play, and feel safe as children normally would.”

As the first group’s school day ends, children from one of Kharkiv’s most bombed districts, wrap up warm before being led to the surface to catch a school bus to their old school – which was hit by a missile.

It’s still where they meet their parents for normal pick-up.

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We jump on the bus with them for the journey past destroyed government buildings, shopping centres and restaurants.

When the air raid suddenly sounds, I look around to see how the children and teachers on this bus will react.

They barely flinch it’s so common.

“People have, to some extent, adapted,” one of the headmistresses, Olena Nikolienko, said.

“If we see missiles coming, heaven forbid, we’ll stop near a designated shelter, following our evacuation plan, and that’s where the children will go for cover.”

Remember, these children are safe underground at school, up here they are not.

During the bus ride, 10-year-old Alisa began quietly sobbing. Her teacher told me her grandfather was killed four months ago on the frontline, and since then she has been prone to tears.

Alisa’s teacher comforted her and told her everything would be ok.

It feels like everyone here has to carry their own sadness.

Everyone.

Parents, standing in the first snowfall of the season, greet the children as they get off the bus.

The kids run off the bus, and start throwing snowballs at each other, enjoying this precious moment.

It will be the last time they’re outside today.

World

China’s premier air show wows spectators – but the West won’t have liked seeing Russia’s jets

Published

1 day ago

November 16, 2024

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China's premier air show wows spectators - but the West won't have liked seeing Russia's jets

Outgoing US President Joe Biden is set to meet his Chinese counterpart Xi Jinping today for what is likely to be his last time as US president.

The two leaders are expected to hold talks on the sidelines of a meeting of Asia-Pacific leaders in the Peruvian capital, Lima.

It comes against the backdrop of increasing tension in the US-China relationship with a potential trade war looming under a Trump presidency, several China hawks tapped for US cabinet positions and China’s growing status among global south countries as an emerging leader of an alternative world order.

This week China was focused on events in the southern city of Zhuhai.

First there was a car ramming attack at Zhuhai’s sports stadium which left 25 people dead. A shocking event that was heavily censored in China.

Less than an hour’s drive away the country was holding its premier air show.

It was a military enthusiast’s dream, and not even intermittent rain could keep the crowds of tens of thousands of people away from relishing in the roar of jets in the skies above Zhuhai.

China’s fighter jet fleet

One of the main drawcards was China’s newest stealth fighter the J-35A. It will join the country’s J-20 in service for the People’s Liberation Army Air Force (PLAAF).

The J-10C was China’s aerobatics star of the show. There were daily displays of its prowess in sky-high manoeuvres and formations that impressed onlookers, leaving a streak of colours across the cloudy rain-clogged sky.

China’s military modernsiation programme is continuing apace

It boasts the largest navy in the world and the largest armed forces by active-duty personnel.

The People’s Liberation Army (PLA) Airforce is developing fast too.

Dr Nicole Leveringhaus, a China security expert from King’s College London, says: “China started with very little. It was devastated by wars on many fronts in the 30s and 40s. Its defence industry was depleted. In 70-plus years it’s built itself up and now we’re seeing the results.

“It’s an impressive feat to go from a bloated land-based peasant guerrilla army to what it has to today.”

Chinese pride and nationalism on display

Enjoying the air show spectacle, military fan Liu Liansong said: “I think the air show is great. It is a firm manifestation of the air force’s development from scratch. We as Chinese people feel very proud.”

The air show included massive exhibition halls of military hardware, from drones to robotics, firearms and mock missiles. Merely getting from one end of the venue to the other through densely packed crowds was a mission.

Russia in the air

The other crowd puller this week was Russia’s aerobatic air force unit, performing daily theatrics at dizzying speeds.

It is another sign of the deepening ties between China and Russia.

One Russian tourist and recreational pilot, Yulia, told Sky News: “Both sides are looking for good communication in business, aviation and in many spheres including tourism.”

The secretary of Russia’s security council and former defence minister Sergei Shoigu also visited the air show, viewing both Chinese and Russian-made jets.

In Beijing, secretary Shoigu was quoted by Russian state media as saying: “I see the most important task as countering the policy of ‘dual containment’ of Russia and China pursued by the United States and its satellites.”

The West is increasingly frustrated by China’s support of Russia. The US has sanctioned two Chinese companies, accusing them of being involved in the production of Russian aerial drones used on the battlefield.

China insists it is not supplying weapons to Russia.

One of the companies, Xiamen Limbach Aircraft Engine Co, had a small stand in one of the exhibition halls. Its representatives declined Sky News’ request for an interview.

Tariff war brewing

Despite the raw military might on display in Zhuhai, in China there is uncertainty and unease about what an impending Donald Trump presidency will mean for global trade.

President-elect Trump has threatened blanket tariffs of up to 60% on Chinese products exported to the US.

This would be a serious blow to China’s target GDP growth and comes at a time when the country’s economy faces deep-set challenges.

At the other end of the country, in Beijing analysts are weighing up the impact of possible tariffs and the Chinese government’s options to respond.

Senior Asia analyst Chim Lee, from The Economist Intelligence Unit, is not optimistic that a US-China agreement to minimise the damage can be reached.

“I think both sides have recognised that the era of making deals is passed,” Mr Lee said.

“We’re going to see China starting with some targeted measures, tariffs it feels more comfortable to impose,” he explained. “But there are also areas where China is starting to be a bit more aggressive.”

This action could include export controls on China’s production of critical minerals and retaliatory tariffs on US agriculture exports.

Trade competition, military posturing and complicated geo-political alliances have set the stage for a challenging next phase in US-China relations.

World

Pictures show moment Israeli bomb exploded at Beirut apartment block

Published

1 day ago

November 15, 2024

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Pictures show moment Israeli bomb exploded at Beirut apartment block

New pictures show the moment of impact as an Israeli missile hit a Beirut apartment block and exploded.

The block was one of five buildings destroyed by airstrikes on Friday alone.

Israel launched airstrikes in the southern suburbs of Beirut in a fourth consecutive day of intense attacks.

There were no immediate reports of casualties.

An Associated Press photographer captured a sequence of images showing an Israeli bomb approaching and hitting a multi-storey apartment building in Beirut’s Tayouneh area.

Richard Weir, a senior crisis, conflict and arms researcher at Human Rights Watch, reviewed the close-up photos to determine what type of weapon was used.

“The bomb and components visible in the photographs, including the strake, wire harness cover, and tail fin section, are consistent with a Mk-84 series 2,000-pound class general purpose bomb equipped with Boeing’s joint directed attack munition tail kit,” he told AP.

Deadly strikes as bombardment stepped up

Israel stepped up its bombardment this week – an escalation that has coincided with signs of movement in US-led diplomacy towards a ceasefire.

The Israeli military said its fighter jets attacked munitions warehouses, a headquarters and other Hezbollah infrastructure. It issued a warning on social media identifying buildings ahead of the strikes.

Meanwhile, an Israeli airstrike killed five members of the same family in a home in Ain Qana in the southern province of Nabatiyeh, Lebanon’s state media said.

The report said a mother, father and their three children were killed but didn’t provide their ages.

Three other Israeli strikes killed six people and wounded 32 in different parts of Tyre province on Friday, also in south Lebanon, the report said.

Video footage also showed a building being struck and turning into a cloud of rubble and debris that billowed into Horsh Beirut, the city’s main park.

More than 3,200 people have been killed in Lebanon during 13 months of fighting between Israel and Hezbollah – most of them since mid-September.

About 27% of those killed were women and children, according to Lebanon’s health ministry.

Israel dramatically escalated its bombardment of Lebanon from September, vowing to cripple Hezbollah and end its barrages in Israel.

Friday’s strikes come as Lebanon’s caretaker prime minister has asked Iran to help secure a ceasefire in the war between Israel and Hezbollah.

The prime minister appeared to urge Ali Larijani, a top adviser to Iran’s supreme leader, Ali Khamenei, to convince the militant group to agree to a deal that could require it to pull back from the Israel-Lebanon border.

Iran is a main backer of Hezbollah and for decades has been funding and arming the Lebanese militant group.

On Thursday, Eli Cohen, Israel’s energy minister and a member of its security cabinet, said that prospects for a ceasefire with Lebanon were the most promising since the conflict began.

The Washington Post reported Israel’s Prime Minister Benjamin Netanyahu was rushing to advance a Lebanon ceasefire to deliver an early foreign policy win to his ally, US President-elect Donald Trump.