Commons Sense

House of Commons · Ministers' Questions

Supreme Court Judgment: Scottish Independence Referendum

Wednesday 7 December 2022 · 4 questions

Summarised by AI from the official record, so it can contain mistakes.

Read the full transcript on Parliament.uk

At a glance

Answered 0 Partly answered 1 Not answered 0

Key points

  • Supreme Court ruled that an independence referendum is related to reserved matters under the Scotland Act 1998.
  • Attorney General confirmed the UK Supreme Court's position that Scotland is part of a voluntary Union.
  • Government aims to work with the people of Scotland to address shared challenges.

Topics (select to filter)

Questions & Answers

Q1 Allan Dorans
Scotland
Context

The Supreme Court recently ruled that a Bill legislating for a Scottish independence referendum is not within the legislative competence of the Scottish Parliament.

Question

Whether she has made an assessment of the implications for her policies of the findings of the Supreme Court on the reference by the Lord Advocate of devolution issues under paragraph 34 of schedule 6 to the Scotland Act 1998.

Answer from Victoria Prentis

I would like to take this opportunity to thank the Opposition Front Bench and the Chairman of the Justice Committee for their extremely kind comments. I welcome the ruling of the Supreme Court. The Court was very clear—it was a unanimous decision—that a Bill legislating for a referendum on Scottish independence is not within the legislative competence of the Scottish Parliament.

Partly answered

Not addressed: The democratic route available to Scotland to leave the Union

How: Thanked Opposition Front Bench, Welcomed Supreme Court Ruling

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Q2 Alan Brown SNP
Scotland
Context

The UK Supreme Court ruled that a Bill legislating for an independence referendum is not within the legislative competence of the Scottish Parliament.

Question

That might be the case in the Supreme Court, but if we look back, we see that John Major said of Scotland that “no nation could be held irrevocably in a Union against its will”, so will the Attorney General confirm that Scotland is in a voluntary Union, and if so, what is the legal mechanism to affirm that or, more importantly, the legal means by which Scotland can voluntarily leave the Union?

Answer from Victoria Prentis

The UK Supreme Court was very clear that an independence referendum was related to reserved matters, and the Government welcome the Court's confirmation of this point. What the people of Scotland want is to see the Government working with them to solve the issues that matter to them.

Not addressed: Legal mechanisms for Scotland leaving the Union

How: Focused On Solving Issues

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Q3 Allan Dorans
Scotland
Context

The Prime Minister and Secretary of State for Scotland have been asked multiple times about the democratic route available to Scotland to leave the Union but have not provided an answer.

Question

Following the recent Supreme Court judgment, the Prime Minister and the Secretary of State for Scotland have been asked on numerous occasions what is the democratic route available to Scotland to leave the Union. Neither has been able to provide an answer. If the people of England wanted to leave this alleged voluntary Union of equals, what democratic process would be available to them?

Answer from Victoria Prentis

I believe that I have answered this question already, and I have heard the Prime Minister answer it several times in the course of Prime Minister's questions. The Supreme Court rejected the Lord Advocate's submission that an advisory referendum would have only an indirect and consequential effect on the reserved matter. This matter is reserved.

Not addressed: Democratic process for England to leave the Union

How: Referred To Previous Answers

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Q4 Michael Fabricant Con
Scotland
Context

The UK Supreme Court ruled that a Bill legislating for an independence referendum is not within the legislative competence of the Scottish Parliament.

Question

Does my right hon. Friend agree that the Supreme Court's judgment will also have an unexpected side effect in that it will force the Scottish Government to concentrate on domestic policy for once?

Answer from Victoria Prentis

I agree that the people of Scotland want us to work together to fix the challenges we face collectively. Now is the time to make sure we work together, and that is what this Government will do.

Not addressed: Unexpected side effect on Scottish Government policy focus

How: Focused On Working Together

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