- Immediate Supreme Court reference
The next steps on securing a referendum on independence have been
outlined by First Minister during a statement to
Parliament.
She said:
“Independence is about equipping ourselves to navigate the
future, guided by our own values, aspirations and interests.
“Now is the time - at this critical moment in history - to debate
and decide the future of our country. Now is the time to get
Scotland on the right path – the path chosen by those who live
here. Now is the time for independence.
“This parliament has a clear, democratic mandate to offer
Scotland that choice. The UK government, regrettably however, is
refusing to respect Scottish democracy.
“The UK and Scottish Governments should be sitting down together,
responsibly agreeing a process, including a section 30 order,
that allows the Scottish people to decide. That would be the
democratic way to proceed.
“The issue of independence cannot be suppressed. It must be
resolved democratically. And that must be through a process that
is above reproach and commands confidence.
“That is why I am setting out today the actions the Scottish
Government and the Lord Advocate will take, in the absence of a
section 30 order, to secure Scotland’s right to choose.
“I can announce, first of all, that the Scottish Government is
today publishing the ‘Scottish Independence Referendum Bill’.
“In common with the 2014 referendum - indeed, in common with the
Brexit referendum and the referendum to establish this Parliament
- the independence referendum proposed in the Bill will be
consultative, not self-executing.
“The Bill states that the question on the ballot paper should be
- just as it was in 2014 - ‘should Scotland be an independent
country’.
“There has been much commentary in recent days to the effect that
a consultative referendum would not have the same status as the
vote in 2014.
“That is simply wrong, factually and legally.
“The status of the referendum proposed in this Bill is exactly
the same as the referendums of 1997, 2014 and 2016.
“The Bill includes the proposed date on which the referendum
should be held.
“I can announce that the Scottish Government is proposing that
the independence referendum be held on 19 October 2023.
“We must seek now to accelerate to the point when we have legal
clarity; legal fact. And crucially, in doing so establish and
safeguard the ability of this Parliament to deliver a referendum
on the date proposed.
“The Lord Advocate has agreed to make a reference of the
provisions in the Bill to the Supreme Court.
“I can confirm that the reference will be filed with the Supreme
Court this afternoon.
“Obviously, it is this government’s hope that the question in
this Bill, proposing a referendum that is consultative, not
self-executing, and which would seek to ascertain the views of
the Scottish people for or against independence, will be deemed
to be within the legislative competence of this Parliament.
“If that outcome is secured, there will be no doubt whatsoever
that the referendum is lawful. And I can confirm that the
government will then immediately introduce the Bill and ask
Parliament to pass the it on a timescale that allows the
referendum to proceed on 19 October 2023.
“It is, of course, possible that the Supreme Court will decide
that the Scottish Parliament does not have power to legislate for
even a consultative referendum. Obviously, that would not be the
clarity we hope for.
“But if that is what the law establishing this Parliament really
means, it is better to have that clarity sooner rather than
later.
“Because what it will clarify is this: any notion of the UK as a
voluntary union of nations is a fiction. Any suggestion that the
UK is a partnership of equals is false.
“There would be few stronger or more powerful arguments for
independence than that.
“And it would not be the end of the matter. Far from it.
Democracy demands that people must have their say.
“I want the process set in train today to lead to a lawful,
constitutional referendum and for that to take place on 19
October 2023.
“But if the law says that is not possible, the General Election
will be a ‘de facto’ referendum.
“Either way, the people of Scotland will have their say.”
“To believe in Scottish independence is to believe in a better
future. It involves an unashamedly optimistic view of the world.
The belief that things can be better than they are now.
“The people of Scotland have told us that they want the right to
decide.
“Today we have set out the path to deliver it.”
Background
The First Minister made a statement to Parliament outlining the
process for an independence referendum.
A letter to the Prime
Minister has been sent to inform him of the content of the
statement and make clear that the Scottish Government is ready
and willing to negotiate the terms of a section 30 order.
Under paragraph 34 of schedule 6
to the Scotland Act the Lord Advocate has the power to refer
to the Supreme Court the question of whether provisions in the
draft “Scottish Independence
Referendum Bill” relate to reserved matters. This is a power
exercisable solely by the Lord Advocate, not by Scottish
Ministers collectively.
