Political tension in Moray over unanimous Supreme Court second referendum blow
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MORAY politicians have clashed over a Supreme Court ruling that the Scottish Parliament cannot hold another independence referendum.
The unanimous ruling, announced today (November 23) by Supreme Court President Lord Reed, means the Scottish Government cannot hold a lawful independence vote without Westminster's approval.
Lord Reed rejected the Scottish Government's argument that, as the referendum would not have a legal effect, it could not be considered a reserved matter.
The Court judgment instead argued that secondary impacts had to be considered, as even an advisory referendum would impact political choices about the constitution.
Constitutional matters are set out as reserved in the Scotland Act (1998) and the Scottish Government cannot currently legislate on them.
Moray MP and Scottish Conservative leader Douglas Ross was pleased with the verdict and set his sights on Moray MSP Richard Lochhead, asking him to "respect it".
However, Mr Lochhead accused the Conservative party of seeking to "deny democracy" and of disrespecting the SNP's electoral mandate.
Mr Ross said: “I welcome the Supreme Court’s unanimous judgment.
"This was a clear and unequivocal verdict from the highest court in the land and the SNP Government, including local SNP MSP Richard Lochhead, must respect it.
“Nicola Sturgeon insisted on taking this case to the Supreme Court at a huge cost to taxpayers in Moray and across Scotland and this ruling confirms that it was a waste of time and money.
“People across Moray voted decisively in 2014 to remain part of the United Kingdom and have made it clear time after time they do not want another independence referendum next year.
“Holding another divisive referendum next year is the wrong priority at the worst possible time for Moray and Scotland.
“Following this judgment, the SNP must get back to work, drop their referendum obsession and focus on the issues that really matter to the people of Moray.”
Mr Lochhead, however, said: "Today’s landmark Supreme Court ruling is a significant moment in Scotland's journey to independence and shatters the notion that the UK is a voluntary partnership of nations.
“The Scottish Government has a clear mandate to hold a referendum on independence and give the people of Scotland their right to choose.
“Why is it that the Tory UK Government removed Scotland from the European Union against our wishes and yet, despite having a bigger mandate, Scotland is not being provided the opportunity to decide its future relationship with the other Union?
“Unfortunately, the UK Government has made abundantly clear its unwillingness to respect our mandate which has led to the issue being brought to the Supreme Court.
"Moray's MP and his Tory UK Government colleagues must now set out the democratic route available for Scotland to choose our future rather than continue to deny democracy.
“The SNP will continue to explore options to allow the people of Scotland to express their views on independence in a lawful and democratic exercise.
"The cost of living crisis means that Scotland needs the powers of independence more than ever."
Discussing why the Supreme Court made its decision, Lord Reed said: "The court is not asked and cannot be asked to express a view on the political question of whether Scotland should become an independent country.
"Its task is solely to interpret the relevant provisions of the Scotland Act and decide whether the proposed bill would related to reserved matters.
"Previous Decisions of this court established that provisions will relate to a reserved matter if it has something more than a loose or consequential connection with it.
"A lawfully-held referendum would have important political consequences relating to the union and United Kingdom Parliament.
"Its outcome would possess the authority, in a constitution and political culture founded on democratic expression, of the view of the Scottish electorate.
"It is therefore clear that the proposed bill has more than a loose or consequential connection with reserved matters of the union of Scotland and England and the United Kingdom parliament."
Lord Reed also rejected an SNP argument that the ability to hold an independence referendum is protected by Scotland's right to self-determination.
He said that matters of self-determination in international law were reserved for colonial states, states under military occupation or states prevented from making their own political decisions.
The Court unanimously decided that Scotland was none of the above, based on previous judgments regarding Quebec.
Lord Reed said: "The Scottish National Party, which the court permitted to intervene in proceedings, made further submissions based primarily on the right to self-determination in international law.
"They argue, in summary, that the limitations upon the powers of the Scottish Parliament, as laid down in the Scotland Act, should be restrictively interpreted in a way which is compatible with that right to self-determination under international law.
"The court is unable to accept that argument.
"The right to self determination under international law exists in situations of former colonies, or where a people is oppressed as, for example, under foreign military occupation or where the final group is denied meaningful access to government to pursue their political, economic, cultural and social development.
"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 the government to pursue their political, economic, cultural and social development.
"The same as true of Scotland and of the people of Scotland.
"Accordingly, in the absence of any modification of the definition of reserved Matters by an order in Council under section 38 of Scotland act or otherwise, the Scottish Parliament does not have the power to legislate for a referendum on Scottish independence."
