07 September 2022

SNP allowed to make submissions on IndyRef2 case as court allows intervention

07 September 2022

The SNP will be allowed to make written submissions in a case designed to ascertain if Holyrood could legislate for another independence referendum.

The party sought to intervene in the case before the UK Supreme Court, which resulted from a referral by Lord Advocate Dorothy Bain QC, last month.

On Wednesday, the Supreme Court announced that the SNP’s representatives would be able to make a submission of no more than 20 pages, provided they do not repeat the Lord Advocate’s arguments.

The Lord Advocate referred the Bill to the Court in July (Jane Barlow/PA) (PA Archive)

The submission must be filed by September 21 and the Lord Advocate and Advocate General for Scotland – representing the interests of the UK Government in the case – will have two weeks to respond.

Oral arguments in the case are due to be heard on October 11 and 12, but a date for a final decision has not yet been announced.

The Lord Advocate referred a prospective independence referendum Bill to the Court in July, with her argument leaning heavily on the fact that any referendum would not be self-executing, but merely “consultative”.

This means that, in the event of a majority of Scots saying they would want to leave the union, Scotland would not immediately become independent, but the referendum could serve as the basis for independence negotiations.

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