UK asks Supreme Court to decline indyref bill hearing

The UK Government is asking the Supreme Court to decline to hear the reference from the Scottish Government on the competence of a Holyrood bill providing for a consultative referendum on Scottish independence.

Its initial response to the court confirms that the Advocate General for Scotland, Lord Stewart of Dirleton QC, “will become a formal party to the case, and ask the court to consider whether it should accept the Lord Advocate’s referral”.

Ministers in London, who have refused First Minister Nicola Sturgeon’s request for an order under s 30 of the Scotland Act 1998 to confirm the necessary power in the Scottish Parliament, maintain that the court should not be asked for a ruling until it can consider the terms of a bill actually passed by Holyrood.

If the court agreed with this view, it would return the initial decision to Lord Advocate Dorothy Bain QC, who made the reference because she “did not have the necessary degree of confidence” in the Parliament’s powers to sign off the bill that Scottish ministers propose.

Under the Scotland Act, issues relating to the constitution are reserved to Westminster.

Lord Reed, the President of the Supreme Court, will consider whether the court should hear the reference, whether preliminary matters should be discussed, and which Justices should hear any further argument.

If the Scottish Government finds its plans blocked, Ms Sturgeon has said she will attempt to make the next general election a “de facto referendum” on independence.