Indyref2 cannot go ahead without UK parliament permission, court rules

Published

3 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

Just 36 aid trucks entered Gaza yesterday, Palestinian officials claim – short of 600 needed

Published

2 hours ago

August 3, 2025

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Just 36 aid trucks entered Gaza yesterday, Palestinian officials claim - short of 600 needed

Just 36 aid trucks entered Gaza on Saturday – despite the humanitarian situation in the enclave worsening, Palestinian officials have warned.

According to the Gazan government’s media office, most of the humanitarian supplies were looted and stolen – “as a result of the state of security chaos that the Israeli occupation systematically and deliberately perpetuates”.

Officials say at least 600 truckloads of aid are required on a daily basis, adding: “The needs of the population are worsening.”

A statement released late last night called for “the immediate opening of crossings, and the entry of aid and infant formula in sufficient quantities” – and “condemned in the strongest terms the continuation of the crime of starvation”.

Israel’s prime minister, Benjamin Netanyahu, refuted this – and accused Hamas of “stirring up a slanderous propaganda campaign against Israel”.

He said: “The cruelty of Hamas has no boundaries. While the State of Israel is allowing the entry of humanitarian aid to the residents of Gaza, the terrorists of Hamas are deliberately starving our hostages and document them in a cynical and evil manner.

“The terrorists of Hamas are deliberately starving the residents of the Strip as well, preventing them from receiving the aid.”

It comes as the Palestinian Red Crescent in Gaza said its headquarters in Khan Younis were hit by an Israeli strike, killing one staff member and injuring three others.

Footage posted on social media shows a fire broke out in the building.

Indirect negotiations between Hamas and Israel for a 60-day ceasefire, and a deal for the release of half the hostages still held in Gaza, ended in deadlock last week.

US President Donald Trump’s Middle East envoy told the families of the hostages yesterday that he was working with the Israeli government on a plan that would end the war.

Steve Witkoff claimed that Hamas was willing to disarm to stop the conflict, despite the group’s repeated statements that it would not do so.

In response, Hamas said it would not disarm unless an independent Palestinian state is established with Jerusalem as its capital.

After Mr Witkoff’s meeting with the families of the hostages, Hamas released two videos of an emaciated Israeli hostage, Evyatar David, who was abducted from the Nova music festival on 7 October 2023 and has been held in captivity in Gaza since.

The 24-year-old looked skeletal, with his shoulder blades protruding from his back. He was heard saying that he had not eaten for three days. The distressing videos show him digging his own grave, he said in the footage.

World

Videos of emaciated Israeli hostage Evyatar David released by Hamas

Published

2 hours ago

August 3, 2025

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Videos of emaciated Israeli hostage Evyatar David released by Hamas

Two videos of an emaciated Israeli hostage, Evyatar David, have been released by Hamas, after US special envoy Steve Witkoff this week met with the families of the hostages.

The now 24-year-old looks skeletal, with his shoulder blades protruding from his back, and says he has not eaten for three days.

The distressing videos show him apparently digging his own grave.

He worked in a restaurant, according to a video posted by Labour Friends of Israel, before he was abducted from the Nova music festival on 7 October 2023.

Since then, he has been held in captivity in Gaza, and the videos suggest he is being kept in dark tunnels and surviving on scarce portions of lentils and beans.

Gaza itself is suffering “man-made mass starvation” because of Israel’s blockade on aid to the enclave, the head of the World Health Organization (WHO) has previously said.

In the second video, released on Saturday, Mr David – according to the English subtitles – says: “I haven’t eaten for three days.”

The captions continue as he speaks while in an underground tunnel: “There’s no [sic] enough food. I barely get drinking water.”

The video shows him talking through what he ate in July, which has been recorded on a handmade calendar hung up on the side of an underground Gaza tunnel.

Speaking while under captivity and under duress, he adds: “They give me what they can get.”

At the end of the video, he is digging a hole. The subtitle reads: “This is the grave where I think I’m going to be buried in. Time is running out.”

He then appears to break down, crouching on the floor and leaning his head on his arm while still clinging to the shovel.

In a statement, his family said: “We are forced to witness our beloved son and brother, Evyatar David, deliberately and cynically starved in Hamas’s tunnels in Gaza – a living skeleton, buried alive.

“Our son has only a few days left to live in his current condition.”

They added: “Israel and the international community must oppose Hamas’s cruelty and ensure that our Evyatar immediately receives proper nutrition.

“The intentional starvation, torture, and abuse of Evyatar for propaganda purposes violate even the lowest standards of humanitarian law and basic human decency.”

‘Famine’ looms in Gaza

On Friday, US special envoy Steve Witkoff visited a site where the US and Israel-backed Gaza Humanitarian Foundation (GHF) has been distributing food in Gaza.

The controversial GHF scheme has been widely condemned, including by the UK government, after fatal shootings ever since it was set up earlier this year.

According to the United Nations’ human rights office, at least 859 people have been killed “in the vicinity” of GHF aid sites since late May.

The Israel Defence Forces has repeatedly said it “categorically rejects the claims of intentional harm to civilians” and has blamed Hamas militants for fomenting chaos and endangering civilians.

Meanwhile, the UN’s Integrated Food Security Phase Classification (IFSPC) this week said a “worst-case scenario of famine” was sinking in across the besieged enclave.

It has also said more than 20,000 children have been treated for acute malnutrition since April.

Families of the 50 hostages still in Gaza are concerned they are also starving, and blame Hamas.

On Saturday, Gaza’s health ministry said a further seven Palestinians had died of malnutrition-related causes in the past 24 hours, including a child.

World

Search for five trapped Chilean miners suffers setback

Published

2 hours ago

August 3, 2025

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Search for five trapped Chilean miners suffers setback

Rescue crews searching for five trapped Chilean miners have discovered a body.

A section of the copper mine had collapsed on Thursday following a strong, 4.2-magnitude tremor.

The remaining four miners are still missing – and rescuers are vowing to continue their search with “strength and hope”.

Andres Music, general manager of El Teniente mine, said: “This discovery fills us with sadness, but it also tells us that we are in the right place, that the strategy we followed led us to them.”

Crews are trying to drill through 90m (295ft) of rock to reach the trapped miners, but Mr Music said they had not yet made contact with the workers.

Just over a fifth of the blocked underground tunnels have been cleared, with teams hoping to get through about 15m to 20m (49ft to 66ft) every 24 hours using heavy machinery.

He said rescue efforts would continue with increased caution, which could slow progress.