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

Pictures reveal inside of Bayesian sunken superyacht after it was resurfaced for full examination

Published

8 hours ago

June 29, 2025

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Pictures reveal inside of Bayesian sunken superyacht after it was resurfaced for full examination

The inside of the superyacht that sank off the coast of Sicily almost a year ago has been seen for the first time after it was resurfaced.

British billionaire Mike Lynch, 59, his daughter Hannah, 18, and five others died after the 56-metre (184ft) Bayesian sank off Porticello on 19 August 2024.

Images reveal what the inside of the British-flagged vessel looks like now – after it was resurfaced and placed in a manufactured steel cradle in Termini Imerese.

In one picture, a lounge area can be seen, complete with sofas and other furniture, while another shows the hatch down to the lower deck.

Now the boat is back on land, a balloon-like instrument will be used to lift its 72m (236ft) mast after it was cut off with a remote-controlled tool to rest on the seabed.

While salvage workers continue a “full sweep” of the ocean floor nearby, a full examination of the yacht will look at what could have been done to prevent the tragedy.

The UK Marine Accident Investigation Branch (MAIB) will then publish a report into its investigation.

The family of the Bayesian chef Recaldo Thomas, who was among those who died, says “lessons need to be learned”.

In a statement through the Thomas family lawyers Keystone Law, they said they want the investigation to “establish the truth of what happened” and “bring those responsible to justice”.

Simon Graves, an MAIB investigator, said of the investigation previously: “When the wreck is brought ashore, we’ll be completing a full examination of the wreck and we’ll be finding out all of the elements that might have contributed to the safety of the vessel.”

Things like the vessel’s “escape routes” will be included in the final report, Mr Graves added.

“Once we get access to the vessel we’ll be able to tell a fuller picture of activities on board and the sequence of events.”

A UK inquest will look at the deaths of Mr Lynch, Miss Lynch, Morgan Stanley banker Jonathan Bloomer, 70, and his wife Judy, 71, who were all British nationals.

US lawyer Chris Morvillo and his wife Neda also died.

Fifteen people, including Mr Lynch’s wife Angela Bacares, were rescued.

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Riot police clash with protesters calling for end to Serbian president’s rule

Published

14 hours ago

June 29, 2025

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Riot police clash with protesters calling for end to Serbian president's rule

Serbian riot police have clashed with anti-government protesters calling for snap elections and an end to the 12-year rule of President Aleksandar Vucic.

The protest by tens of thousands of demonstrators was held in Belgrade on Saturday after months of persistent demonstrations led by Serbia‘s university students that have rattled Mr Vucic’s grip on power.

The crowd chanted “We want elections!” as they filled the capital’s central Slavija Square and several streets around it.

Students gave speeches. One, who didn’t give her name, said: “Elections are a clear way out of the social crisis caused by the deeds of the government, which is undoubtedly against the interests of their own people.

“Today, on June 28 2025, we declare the current authorities illegitimate.”

Tensions were high before and during the gathering.

Riot police had been deployed around government buildings, parliament and nearby Pionirski Park, where hundreds of Mr Vucic’s loyalists from across the country have been camping for months.

As the protest ended in the evening, some demonstrators threw bottles, rocks and flares at the police who were preventing the crowd from approaching Pionirski Park and confronting Mr Vucic’s backers.

Skirmishes between riot officers and groups of protesters lasted for several hours, with police firing tear gas to disperse crowds in several locations across Belgrade’s city centre.

Police detained several dozen protesters, while six officers were reported injured in the clashes, Dragan Vasiljevic, the director of police, told a news conference late on Saturday.

Responding to the violence, President Vucic said in an Instagram post: “Serbia always wins in the end.”

University students have been a key force behind nationwide demonstrations that started after a renovated rail station canopy collapsed, killing 16 people in November last year.

Many blamed the concrete roof crash on government corruption and negligence in state infrastructure projects, leading to recurring protests.

President Vucic and his right-wing Serbian Progressive Party have repeatedly refused the demand for an early parliamentary vote and accused protesters of planning to spur violence on orders from abroad, which they have not specified.

A former extreme nationalist, Mr Vucic has become increasingly authoritarian since coming to power more than a decade ago. He formally says he wants Serbia to join the European Union, but critics say he has stifled democratic freedoms and strengthened ties with Russia and China.

While demonstrations have shrunk in recent weeks, the large showing for Saturday’s rally suggested that the resolve persists, despite relentless pressure and after nearly eight months of almost daily protests.

Serbian police, who are tightly controlled by Mr Vucic’s government, said 36,000 people were present at the start of Saturday’s protest.

An independent monitoring group that records public gatherings said a total of around 140,000 people were in attendance.

Serbia’s presidential and parliamentary elections are due in 2027.

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Thousands defy ban to join Pride march in Budapest

Published

23 hours ago

June 28, 2025

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Thousands defy ban to join Pride march in Budapest

If Hungary’s authorities thought banning this year’s Pride march would keep people off the streets, they were wrong.

Thousands turned out in Budapest, defying a law which said LGBTQ+ events like this should be cancelled to protect children.

The crowd was determined to fight for their rights.

“This is a special march, not just because it was the 30th, but also because it was banned,” said Orsi, who proudly wore a rainbow headband and waved a rainbow flag.

“I mean that’s all the more reason to go out on the street and show that Budapest and Hungary is a place where everybody is welcome, where love is equal,” she added.

Attendees had been warned that just being there could mean a 500 euro fine or prison time for the organisers.

They were told police would use facial recognition cameras to identify them, but they didn’t care.

Orsi said it was worth a fine.

Leonas had travelled from Poland to show his support and was also happy to take the risk.

“LGBT rights are attacked across the whole world, and we need to defend each other and work with each other,” he said.

Viktor Orban’s government has repeatedly pitched family values against LGBTQ+ rights.

“The mother is a woman, the father is a man and leave our kids alone,” he told conservative audiences in the past.

He says he is protecting Hungary’s Christian values, but critics say this is just part of a wider attack on democracy which has happened during his 15 years in control.

The Pride ban is just the latest targeting of LGBTQ+ communities.

In 2020, the country abolished its legal recognition of transgender people, and in 2021, politicians passed a law banning the depiction of homosexuality to under-18s.

While many were outraged by the attempt to cancel the Pride march, a small number of far-right activists organised demonstrations to show their support:

“Hungary and the Hungarian nation don’t want the aggressive LGBTQ+ propaganda. They are dangerous for our families, they are dangerous for our kids,” said Gabor Kelemen, a member of the 64 Counties Youth Movement.

However, the packed streets showed many disagree.

At one point, as far as the eye could see, the march snaked through streets and across the city’s bridges. The sound of drums and whistles mixing with gay anthems blaring out of speakers.

The organisers said they believed this will be the largest Pride march ever in Budapest.

The crowd was eclectic, with Hungarians from different communities joining a demonstration which many believe is now part of a fight for Hungary’s future.

“This is not only about the complexity of Pride, not only about love or equality… for Hungarians, it’s about sticking together, supporting each other, showing the government that we believe in a different kind of Hungary. We believe in freedom, we believe in democracy,” said activist Adam Kanicsar.

Despite the ban, today Pride attendees were celebrating a victory. But make no mistake, many in Hungary do not support the parade or what they see as an attack on traditional values.

Next year, the country will hold a general election, a vote which will expose how divided Hungary really is.