Supreme Court to deliver indyref2 case judgment next week

The UK’s highest court will deliver its judgment on whether the Scottish Parliament can legislate for a second independence referendum next week.

The Supreme Court will hand down the decision on Wednesday November 23.

A panel of five justices heard legal arguments from the UK and Scottish governments during a two-day hearing in London last month.

The case concerns proposed legislation in the Scottish Parliament called the Scottish Independence Referendum Bill and whether it relates to matters reserved to Westminster.

It was brought to the court after First Minister Nicola Sturgeon set out plans to hold a vote on independence on October 19, 2023.

The Lord Advocate Dorothy Bain KC, the Scottish Government’s top law officer, argued in court that Holyrood’s competence over the Bill was a “critically important question”.

She asked the judges to rule on its legislative competence, saying a majority of MSPs were elected in 2021 on a manifesto commitment to hold another referendum.

The SNP was allowed to intervene in a separate written submission to the court.

The UK Government’s legal representative, Sir James Eadie KC, argued it was “obvious” Holyrood does not have legislative competence.

He also argued the Bill was at too early a stage for the court to issue a ruling on.

The court will firstly address whether it will determine the “reference” from the Lord Advocate, before turning to the question of reserved matters.

The decision is due to be handed down at 9.45am.