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

UN’s Antonio Guterres condemns ‘teaspoon’ of aid allowed into Gaza after dozens die in airstrikes

Published

4 hours ago

May 24, 2025

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UN's Antonio Guterres condemns 'teaspoon' of aid allowed into Gaza after dozens die in airstrikes

The head of the UN has said Israel has only authorised for Gaza what amounts to a “teaspoon” of aid after at least 60 people died in overnight airstrikes.

UN secretary general Antonio Guterres said on Friday the supplies approved so far “amounts to a teaspoon of aid when a flood of assistance is required,” adding “the needs are massive and the obstacles are staggering”.

He warned that more people will die unless there is “rapid, reliable, safe and sustained aid access”.

Israel says around 300 aid trucks have been allowed through since it lifted an 11-week blockade on Monday, but according to Mr Guterres, only about a third have been transported to warehouses within Gaza due to insecurity.

The IDF said 107 vehicles carrying flour, food, medical equipment and drugs were allowed through on Thursday.

Many of Gaza’s two million residents are at high risk of famine, experts have warned.

Meanwhile, at least 60 people have been killed by Israeli airstrikes across Gaza overnight.

Ten people died in the southern city of Khan Younis, and deaths were also reported in the central town of Deir al-Balah and the Jabaliya refugee camp in the north, according to the Nasser, Al-Aqsa and Al-Ahli hospitals where the bodies were brought.

The latest strikes came a day after two Israeli embassy workers were killed in Washington.

The suspect, named as 31-year-old Elias Rodriguez from Chicago, Illinois, told police he “did it for Gaza”.

Israeli Prime Minister Benjamin Netanyahu accused Sir Keir Starmer, Emmanuel Macron and Mark Carney of fuelling antisemitism following the shootings.

The leaders of the UK, France and Canada are “on the wrong side of humanity and (…) history”, he said, after they threatened “concrete action” against Israel this week if it continues its “egregious” military operations in Gaza.

Mr Netanyahu also accused Sir Keir, Mr Macron and Mr Carney of siding with “mass murderers, rapists, baby killers and kidnappers”.

But UK government minister Luke Pollard told Sky News on Friday morning he “doesn’t recognise” Mr Netanyahu’s accusation.

Earlier this week, Mr Netanyahu said he was recalling negotiators from the Qatari capital, Doha, after a week of ceasefire talks failed to bring results. A working team will remain.

The war in Gaza began when Hamas-led militants attacked southern Israel on 7 October 2023, killing some 1,200 people, mostly civilians, and kidnapping 251 others.

The militants are still holding 58 captives, around a third of whom are believed to be alive, after most of the rest were returned in ceasefire agreements or other deals.

Israel’s offensive, which has destroyed large swaths of Gaza, has killed more than 53,000 Palestinians, mostly women and children, according to Gaza’s Hamas-run health ministry.

World

’12 people’ injured in stabbing at Hamburg train station – as woman arrested

Published

7 hours ago

May 23, 2025

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'12 people' injured in stabbing at Hamburg train station - as woman arrested

A woman has been arrested after 12 people were reportedly injured in a stabbing at Hamburg’s central train station in Germany.

An attacker armed with a knife targeted people on the platform between tracks 13 and 14, according to police.

They added that the suspect was a 39-year-old woman.

Officers said they “believe she acted alone” and investigations into the stabbing are continuing.

There was no immediate information on a possible motive.

The fire service said six of the injured were in a life-threatening condition, three others were seriously hurt, and another three sustained minor injuries, news agency dpa reported.

The attack happened shortly after 6pm local time (5pm UK time) on Friday in front of a waiting train, regional public broadcaster NDR reported.

A high-speed ICE train with its doors open could be seen at the platform after the incident.

Railway operator Deutsche Bahn said it was “deeply shocked” by what had happened.

Four tracks at the station were closed in the evening, and some long-distance trains were delayed or diverted.

Hamburg is Germany‘s second biggest city, with the train station being a hub for local, regional and long-distance trains.

World

Mum of emaciated baby in Gaza says ‘I lost my husband… I don’t want to lose her’

Published

10 hours ago

May 23, 2025

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Mum of emaciated baby in Gaza says 'I lost my husband... I don't want to lose her'

In mid-May, the World Health Organisation assessed that there were “nearly half a million people in a catastrophic situation of hunger, acute malnutrition, starvation, illness and death”.

“This is one of the world’s worst hunger crises, unfolding in real time,” its report concluded.

Warning: This article contains images of an emaciated child which some readers may find distressing

Israel‘s decision this week to reverse the siege and allow “a basic level of aid” into Gaza should help ease the immediate crisis.

But the number of aid trucks getting in, so far fewer than 100 per day, is considered dramatically too few by aid organisations working in Gaza, and the United Nations accuses Israel of continuing to block vital items.

Israel-Gaza latest: Gaza enduring ‘atrocious death and destruction’, UN boss warns

“Strict quotas are being imposed on the goods we distribute, along with unnecessary delay procedures,” said UN secretary general Antonio Guterres in New York on Friday.

“Essentials, including fuel, shelter, cooking gas and water purification supplies, are prohibited. Nothing has reached the besieged north.”

Nineteen of Gaza’s hospitals remain operational, all of them are overwhelmed with the number of patients and a lack of supplies.

“Today, we receive between 300 to 500 cases daily, with approximately 10% requiring admission. This volume of inpatient cases far exceeds the capacity of Rantisi hospital, as the facility is not equipped to accommodate such large numbers,” Jall al Barawi, a doctor at the hospital, told us.

At least 94% of the hospitals have sustained some damage, some considerable, according to the UN.

Paramedic crews are close to running out of fuel to drive ambulances.

The lack of food, after an 11-week blockade, has left thousands malnourished and increasingly vulnerable to surviving injuries or recovering from other conditions.

Children are the worst affected.

Our team in Gaza filmed with baby Aya at the Rantisi hospital in northern Gaza. She is now three months old and dangerously thin.

Her skin stretches over her cheekbones and eye sockets on her gaunt, pale face. Her nappy is too big for her emaciated little body.

Lethal spiral

Her mother Sundush, who is only 19 herself, cannot get enough food to produce breastmilk. Baby formula is scarce.

Aya, like so many other young children, cannot get the vital nutrition she needs to grow and develop.

It’s a lethal spiral.

“My daughter was born at a normal weight, 3.5kg,” Sundush tells us.

“But as the war went on, her weight dropped significantly. I would breastfeed her, she’d get diarrhoea. I tried formula – same result. With the borders closed and no food coming in, I can’t eat enough to give her the nutrients she needs.”

“I brought her to the hospital for treatment, but the care she needs isn’t available.

“The doctor said her condition is very serious. I really don’t want to lose her, because I lost my husband and she’s all I have left of him. I don’t want to lose her.”

Some of the aid entering Gaza now is being looted. It is hard to know whether that is by Hamas or desperate civilians. Maybe a combination of the two.

The lack of aid creates an atmosphere of desperation, which eventually leads to a breakdown in security as everyone fights to secure food for themselves and their families.

Only by alleviating the desperation can the security situation improve, and the risk of famine abate.