The Supreme Court of the United Kingdom ruled on Wednesday that the Scottish regional parliament cannot legislate the holding of a second referendum on the independence of the British province at the request of the Home Rule government.
In a verdict read by the president of the court of last resort [equivalente ao Tribunal Constitucional em Portugal]Robert Reed, it was stated that “the Scottish Parliament has no power to legislate for a referendum on Scotland’s independence”.
The collective of judges unanimously affirmed that matters of sovereignty are the preserve of the Westminster Parliament in London, in accordance with the Scottish Home Rule Act 1998.
“Scotland Act gives limited powers to the Scottish Parliament. In particular, the Scottish Parliament has no legislative power in respect of matters reserved to the British Parliament at Westminster,” he explained.
Scottish Prime Minister Nicola Sturgeon has already come to say she respects the UK Supreme Court’s decision, but says the voice of the nationalists “will not be silenced”.
“While disappointed I respect the decision of the UK Supreme Court – it doesn’t make law, it just interprets it,” she tweeted.
1/ Although I am disappointed about it, I respect the verdict of @UKSupremeCourt – it does not make a law, only interprets it.
A law not allowing Scotland to choose our own future without Westminster’s consent exposes any idea of the UK as a voluntary partnership as a myth and advocates for IndyNicola Sturgeon (@NicolaSturgeon) November 23, 2022
Scotland and England have been politically united since 1707, but in 1999 Scotland had its own parliament and government in Edinburgh, responsible for public health, education, agriculture, security and other matters.
The London-based British government handles matters such as defence, foreign policy, immigration and tax policy.
Responding to the argument of the Scottish National Party (SNP) that the right of determination is part of international law, the court finds that it applies only to cases of former colonies or territories suppressed by foreign military occupation, or where a people is hindered for its political, economic, cultural and social development”.
“It’s not the situation in Scotland,” he insisted, concluding that the proposed legislation to organize a referendum “effectively concerns matters reserved” for the British government at Westminster.
The UK government has so far refused to allow a repeat of the 2014 consultation, when 55 percent of voters rejected independence.
The SNP argues that Britain’s exit from the European Union (EU) warrants a repeat independence referendum, as ‘Brexit’ was approved by 52% of Britons but rejected by 62% of Scots.
The Scottish Prime Minister and leader of the Scottish National Party (SNP), Nicola Sturgeon, planned to hold the referendum on October 19, 2023.
Anticipating the possible failure of this initiative, the SNP threatens to run a program around this one proposal in the next parliamentary elections, so that the result will be regarded as a plebiscite for the project.
The next UK general election has no date, but must be held by the end of January 2025 at the latest.
In 2019, the SNP won 48 of the 59 seats in Parliament, with 45% of the vote in Scotland.
In the 2021 regional election, the SNP received the most votes for a fourth consecutive year, but failed to win an absolute majority and joined the Greens to form a pro-independence majority in the Holyrood assembly.
The Conservative, Labor and Liberal Democrat parties are opposed to breaking up the UK.
Source: DN
