Scottish Referendum Legislation: Supreme Court Decision

Ian Blackford Excerpts

Wednesday 23rd November 2022 Commons Chamber

[Ian Blackford (Ross, Skye and Lochaber) (SNP)]

(Urgent Question): To ask the Prime Minister if he will make a statement on the decision of the Supreme Court and the rights of the Scottish Parliament to call for an independence referendum.

[The Secretary of State for Scotland (Mr Alister Jack)]

I am grateful to the right hon. Member for providing me with the opportunity to address the House on this important ruling of the Supreme Court on the issue of the competence of the Scottish Parliament to legislate for a referendum on independence.

The UK Supreme Court has today determined that it is outside the powers of the Scottish Parliament to hold an independence referendum, and I respect the Court’s clear and definitive ruling on this matter. The Scottish Government’s Lord Advocate referred this question to the Supreme Court, which has today given its judgment, and the UK Government’s position has always been clear: that it would be outside the Scottish Parliament’s competence to legislate for a referendum on Scottish independence because it is a matter wholly reserved to the United Kingdom Parliament.

We welcome the Court’s unanimous and unequivocal ruling, which supports the United Kingdom Government’s long-standing position on this matter. People want to see the Scottish Parliament and the Scottish Government focus on issues that matter to them, not on constitutional division. People across Scotland rightly want and expect to see both their Governments—the United Kingdom Government and the Scottish Government—working together with a relentless focus on the issues that matter to them, their families and their communities.

The Prime Minister has been very clear, and has demonstrated since day one, that it is our duty to work constructively with the Scottish Government. We fully respect the devolution settlement and we want to work together with the Scottish Government on vital areas such as tackling the cost of living, growing our economy and leading the international response to Russia’s illegal war in Ukraine.

At this time of unprecedented challenges, the benefits of being part of the United Kingdom have never been more apparent. The United Kingdom Government are providing the Scottish Government with a record block grant settlement of £41 billion per year over the next three years, and the people in Scotland are benefiting from unprecedented cost of living support announced by this Prime Minister and our Chancellor. It is important now that we move on from constitutional issues, to focus on tackling our shared challenges. I therefore welcome the Supreme Court’s judgment, and I call 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 to the people of Scotland.

The United Kingdom Government are proud of their role as the custodian of the devolution settlement. The United Kingdom is one of the most successful political and economic unions in the world. By promoting and protecting its combined strengths, we are building on hundreds of years of partnership and shared history. I will conclude by saying that when we work together as one United Kingdom, we are safer, stronger and more prosperous.

[Ian Blackford]

Thank you for granting this urgent question, Mr Speaker.

It is right that the UK Government answer questions today, and answer them quickly, because this morning the Supreme Court dealt with a question of law; there is now a massive question of democracy. Some of the Westminster parties are already wildly celebrating this morning’s decision, but I think it is safe to say that their thoughtless triumphalism will not last very long, because this judgment raises profound and deeply uncomfortable questions about the basis of the future of the United Kingdom.

The biggest question of all is how the Prime Minister can ever again repeat the myth that the United Kingdom is a voluntary union of nations. In 2014, the Smith Commission made it clear that

“nothing in this report prevents Scotland becoming an independent country in the future should the people of Scotland so choose.”

If that is true and if the Secretary of State’s Government are still committed to that promise, will he urgently amend the Scotland Act 1998 to ensure that the Scottish people have the right to choose our own future? If he fails to do that, is he deliberately choosing to deny democracy, because a so-called partnership in which one partner is denied the right to choose a different future, or even to ask itself the question, cannot be described in any way as a voluntary partnership, or even a partnership at all?

Today’s decision casts focus on the democratic decisions of the Scottish people. Since 2014, the Scottish National party has won eight elections in a row. We have secured multiple mandates. The question is: how many times do people in Scotland have to vote for a referendum before they get it?

The more contempt the Westminster establishment shows for Scottish democracy, the more certain it is that Scotland will vote yes when the choice comes to be made. Scotland did not vote for Brexit. We did not vote for a new age of Tory austerity. We did not vote for this Prime Minister, and we have not voted for the Tories in Scotland since 1955. What we did vote for was the choice of a different future. If Westminster keeps blocking our democratic decisions, lawfully and democratically Scotland will find a way out of this Union.

[Mr Jack]

This idea that a mandate was delivered in 2021 in the Holyrood elections is completely misleading. As the First Minister herself said very clearly in an interview in The Herald—this is when she thought that the former First Minister, the previous SNP leader Alex Salmond, was gaming the system with his party Alba—that parties should stand on both the list and first-past-the-post constituency systems. The Greens did not fulfil that and neither did Alba. Let us be clear: in the 2021 Holyrood elections—the so-called mandate—less than one third of the Scottish electorate voted for the SNP.