· Costa Coffee will declare its love to the nation alongside Keating by giving away millions of free coffees* to new customers
The Nation’s Favourite Coffee Shop, Costa Coffee, today launched a campaign with international pop star, Ronan Keating, to win the nation’s hearts.
Keating, who memorably topped the charts with ‘When You Say Nothing at All’, is using his prowess as a national heartthrob to spread love across the UK as Costa Coffee’s new ‘Director of Love’, giving away millions of delicious free Costa coffees.
Appearing in a light-hearted short film, Keating is on a mission to woo coffee lovers, delivering impromptu serenades and touring Costa Coffee stores up and down the country.
Commenting on his new role, Keating said: “I’m really excited to be joining Costa Coffee for a campaign with love at its heart. It’s fun to play the role of ‘Director of Love’ and I’m excited to give the nation lots of love this festive season, and maybe even help them re-connect over a Costa coffee.”
The campaign, which kicked off on Thursday 17th November, will roll out across the UK with a series of ‘declarations of love’ and far-reaching gestures, not least by giving away millions of coffees.
You can get yours by downloading the Costa Coffee app and signing-up to the Costa Club loyalty scheme between now and 24 November 2022, with millions of free coffees and hot drinks up for grabs.
The ‘free drink’ digital voucher will automatically appear in the apps’ ‘Rewards’ section, which can be redeemed in person at a participating Costa Coffee store. Existing customers will also be able to discover gestures, perks, and rewards with exclusive in-app deals as part of Costa Club.
Shakir Moin, Costa Coffee Interim CEO said, “Ronan Keating is responsible for some of the greatest love songs of all time, so who better to help us woo customers and shower them with love this festive season?
“We’ll not only be giving millions of barista-crafted coffees away, but we’ll be taking to the streets and even the skies to show Brits how we feel about them. Stay tuned for some big surprises!”
For further information on Costa Coffee’s new campaign, download the Costa Coffee app today.
In a unique live broadcast, National Galleries of Scotland present the first abridged rehearsed reading from the play by Scottish-Ghanaian artist Maud Sulter, Service to Empire. Directed and abridged by Adura Onashile and co-curated with Mother Tongue, the reading will be followed by a live Q&A.
Best known as an artist and poet, Sulter wrote Service to Empire, published with her imprint A19, in 2002. In this play she reimagines the relationship between the parents of Jerry Rawlings, the former President of Ghana: his father was a Scot, his mother Ghanaian.
Exploring long-lasting colonial legacies across two continents, Sulter considered her play provided “an incisive observation of the explosive reverberations” of their affair and its impact on Ghana’s former President (in office 1979-2002). Although the play was written 20 years ago, it has never been performed. This reading is long overdue, bringing to light the work of this internationally renowned artist.
The National Galleries of Scotland collection includes two works by Sulter: Urania from the series Zabat (1989) and La Chevelure (2002) which is currently on display at the Scottish National Portrait Gallery in The Modern Portrait exhibition.
Through her multi-disciplinary practice Sulter questioned the representation of Black women in art and literature: “I’m interested in absence and presence in the way that particularly Black women’s experience and Black women’s contribution to culture is so often erased and marginalised … it’s important for me as an individual, and obviously as a Black woman artist, to put Black women back in the centre of the frame.”
Mother Tongue has researched and curated Sulter’s work for several years. In 2018 they were awarded an Art Fund New Collecting Award with Glasgow Museums which resulted in Revisiting Black Artists in Scotland Through New Collecting at Gallery of Modern Art, Glasgow 12 March – 3 July 2022, a group show featuring Sulter’s work, with Art Fund support and funded by The National Lottery through Creative Scotland, with generous input from the Estate of Maud Sulter.
“The Estate is thrilled that Sulter’s words are being brought to life in this spell binding reading directed by Adura Onashile. The estate offers warmest thanks to the director, the cast, Mother Tongue and National Galleries of Scotland for bringing this project to fruition.” The Estate of Maud Sulter.
Adura Onashile, Directorsaid: “It felt really important to me to present this rehearsed reading of Maud Sulter’s only play for the first time. As an interdisciplinary artist her approach to playwrighting is incredibly visual and rich in its scope and rigour.
“It’s been exciting to delve into her vision of a story that is both personal and universal. Although this is only a rehearsed reading, we hope introducing the work to a wider audience will continue to highlight the breadth of Maud’s vision and inspirations.”
“Maud Sulter’s work was so ground-breaking that even 20, 25, 30 years on from its production, it feels very much of our present. She was a visual artist, poet, curator and cultural historian amongst other facets of her practice, and it’s important to us that her words are lifted from the page and vocalised making the play accessible to a much larger audience than it’s been able to have to-date.” Mother Tongue, co-curators.
Sir John Leighton, Director-General, National Galleries of Scotland said: “National Galleries of Scotland is delighted to support this vital and long overdue project to stage a reading of Maud Sulter’s play Service to Empire.
“Sulter is an internationally recognised Scottish contemporary artist whose visual and literary legacy is in the process of being rediscovered and reinterpreted by a new generation of artists.
“It is an honour to work with Adura Onashile, a director held in such high esteem in her field. We are grateful to the Estate for their kind co-operation and to our partners, cast and crew for the painstaking care they have taken in representing Sulter’s intentions and making this essential project happen.”
Aldi is supporting local charities, foodbanks, and community groups in Edinburgh and the Lothians through its Emergency Winter Foodbank Fund this Christmas.
The supermarket’s Emergency Winter Foodbank Fund will see it donate £250,000 to help organisations as they prepare to face heightened demand on their services.
The fund builds on Aldi’s successful partnership with community engagement platform Neighbourly which enables all of Aldi’s 980 UK stores to donate surplus food seven days a week, all year round.
Aldi will also be introducing new signage in stores this Christmas to help highlight to customers the most in-demand items at foodbanks, as selected by the organisations themselves.
From early December, shoppers looking to donate to foodbanks should look out for the logo on shelves by certain items, such as baked beans, teabags and toiletries, which can then be dropped at the food donation points located by Aldi’s checkouts.
Liz Fox, Corporate Responsibility Director at Aldi UK, said:“We know that Christmas is already a particularly challenging time for many, but this year is understandably going to be even tougher for a lot of households.
“That’s why we’re more committed than ever to doing what we can to give back. We want to make food accessible for all and hope both our additional funding and donation drive will help to make a real difference in Edinburgh and the Lothians.”
Steve Butterworth, CEO of Neighbourly, added:“The cost-of-living is impacting communities up and down the country and the charities we support are expecting to see demand increase even further over the coming months.
“Without the support of the public and businesses like Aldi we’d be unable to help those in need. Within our network there are many charities and community groups that will be able to put this funding to good use, to support families that are struggling.”
Aldi’s latest commitment follows a recent survey of Neighbourly charities which revealed that 72% will need more food items to help with increased demand this Christmas.
The items that were revealed to be most in-demand, and will be promoted in store to help drive donations this Christmas, included cereal, rice and pasta, tinned food and toiletries.
Charities and community groups interested in working with Aldi should contact Neighbourly at aldi@neighbourly.com.
Environmental campaigners have welcomed yesterday’s statement from Minister for Environment and Land Reform Mairi McAllan that the Scottish Government “does not agree with the UK Government issuing new oil and gas licences”.
This came in response to a parliamentary question from Mark Ruskell MSP about whether the Rosebank oil field, and new licensing, should be allowed to go ahead, given the First Minister’s previous opposition to the Cambo oil field last year.
Ms McAllan said that the licensing of new oil and gas extraction is not the answer to either the cost of energy crisis or the climate crisis. The UK Government recently opened a licensing round which could issue over 100 licences for fossil fuel companies to explore the UK Continental Shelf for new oil and gas fields.
The Rosebank oil field already has a licence, and would be three times the size of Cambo. Equinor, the Norwegian oil company that wants to develop Rosebank, is currently awaiting approval from the UK Government’s Department for Business, Energy and Industrial Strategy on its environmental statement before the project can begin development.
Rosebank would not extract its first oil until late 2026, and the majority of the oil extracted would be exported and sold on the open market, doing little for the UK’s energy security.
Campaigners welcomed Ms McAllan’s statement as a strengthening of the Scottish Government’s position on new oil and gas.
Friends of the Earth Scotland’s oil and gas campaigner Freya Aitchison said: “Mairi McAllan is completely right to say that new oil and gas extraction isn’t the answer to the cost of living crisis or the climate crisis.
“Millions of families are being pushed into fuel poverty by greedy oil companies for short-term profits. Meanwhile climate science is clear that there can be no new oil and gas licensing if we are to avoid truly catastrophic warming.
“This is the furthest the Scottish Government has gone to date in its opposition to new licensing, and Ministers must now pressure the UK Government to abandon its climate-wrecking oil expansion plans, starting by rejecting the plans to develop Rosebank. The Scottish Government must cement this position in the forthcoming Energy Strategy, putting an end date on fossil fuels and setting out the framework for a managed and just phase out of oil and gas within this decade.
“The Scottish Government’s opposition to new oil and gas extraction will make Rosebank a more risky investment, so Equinor should really think again.
“If Rosebank were allowed to go ahead, it would produce the same amount of climate-wrecking pollution as the annual emissions of 28 low-income countries combined.
“Approving it would fly in the face of climate science, which is clear that allowing any new fossil fuel extraction will take us past globally agreed climate targets.”
Roadmap to ‘fair, green prosperity for communities and regions’
Improvements to health, tackling child poverty and reaching climate goals are at the heart of a toolkit to support local economies to be fairer, greener, healthier and more resilient.
The Wellbeing Economy Toolkit: Supporting place-based economic strategy and policy development enables local authorities to identify and measure local wellbeing metrics including health, child poverty, levels of greenhouse gas emissions and fair work, and prioritise investments and policies to improve them.
This will include:
the creation of more high quality, sustainable local jobs by using more local and regional procurement contracts
improved transport links to help people access services and work
better access to the natural environment, which leads to better mental and physical health
The Constitution Secretary announced the toolkit at the Wealth of Nations 2.0 conference at the University of Glasgow. He was joined by representatives from fellow Wellbeing Economy Governments (WEGo) of Finland and Wales to take questions from young people, five years on from the first conversations to establish the network.
Constitution Secretary Angus Robertson said: “The need for a new economic model has never been clearer, and that’s why I think the wellbeing economy approach is gaining so much interest, both here, and around the world.
“We see that in the growth of WEGo – the network of wellbeing economy governments – which began as a coalition of Scotland, Iceland and New Zealand. Since this event was last held in 2020, two more governments – Finland and Wales – have joined, and other countries including Canada are showing a growing interest.
“Creating a wellbeing economy remains a defining mission for the Scottish Government, and it is my firm belief that Scotland could use the powers of independence to achieve that aim more fully.
“Building a wellbeing economy is a huge challenge for any country, at any time. The current crises we are facing make it harder, but they also underline why we need to make this transformation as a matter of urgency.”
Jimmy Paul, Director of Wellbeing Economy Alliance Scotland, said: “This practical new toolkit will be an invaluable resource for developing local economic strategies that really work for communities.
“Amidst the cost of living and climate crises, it’s never been more important that economic approaches start with the goal of ensuring we all have what we need to live good lives and protect the health of our natural world, rather than continuing to centre outdated metrics like GDP growth. The toolkit could provide a step-change in the way local economic strategies are delivered in Scotland.”
From today, over 11.6 million pensioners will start to receive up to £600 to help with their energy bills this winter
This support, worth over £4.5 billion, is part of an extensive package helping people of all ages with the cost of heating their homes, including through the £400 Energy Bills Support Scheme [available to eligible households in England, Scotland and Wales], and the Energy Price Guarantee saving typical households £900.
From today (23 November 2022), over 11.6 million pensioners in England, Wales, Scotland and Northern Ireland will start to receive payments of up to £600 to help with their energy bills this winter.
Winter Fuel Payments – boosted this year by an additional £300 per household Pensioner Cost of Living payment – will land in bank accounts over the next two months, the vast majority automatically.
Work and Pensions Secretary Mel Stride said: “We want to do everything we can to support pensioners who are often the most exposed to higher costs. That’s why we’re providing all pensioner households with an additional £300 on top of their Winter Fuel Payments to heat their homes and stay warm this winter.
“This extra payment is just one part of the wider support package we’re delivering to help with rising bills, including the biggest State Pension increase in history.
“Our support doesn’t stop here. As we deal with the impact of Putin’s illegal war in Ukraine and the aftermath of the pandemic, we will continue to stand by the most vulnerable, with further cost of living payments coming next year.”
The money will appear in bank statements with the payment reference starting with the customer’s national Insurance number followed by ‘DWP WFP’ for people in Great Britain, or ‘DFC WFP’ for people in Northern Ireland.
The overwhelming majority of Winter Fuel Payments are paid automatically but some people need to make a claim, such as those who qualify but do not receive benefits or the State Pension and have never previously received a Winter Fuel Payment.
This month, over seven million payments of £324 have already been made to low-income households as part of this government’s cost of living support. This includes pensioners receiving Pension Credit.
The average Pension Credit award is worth over £3,500 a year, and for those pensioners who may be eligible but are yet to make an application, there is still time to do so and qualify for this additional £324 payment.
This is because Pension Credit claims can be backdated by up to three months, provided the entitlement conditions are met throughout that time.
To ensure that a successful backdated claim falls within the qualifying period for extra £324 cost of living help, pensioners are being urged to claim Pension Credit as soon as possible, and by no later than 18 December 2022.
The online Pension Credit calculator is on hand to help pensioners check if they’re likely to be eligible and get an estimate of what they may receive.
Further cost of living support to be paid next year was announced by the Chancellor in his Autumn Statement last week. Payments will include a further £300 for pensioners, £900 for households on means-tested benefits and £150 for those on disability benefits.
As tens of thousands of people start seasonal jobs over the next few weeks, they can use the HM Revenue and Customs (HMRC) app to save them time to find details they need to pass on to their employer.
In the 12 months up to October 2022, HMRC received almost 3 million calls from people asking for information that is now readily available on the app, with more than 340,000 using it to access employment and income information since July 2022.
New functions and capability mean that customers can access their income and employment history, salary information, National Insurance number or tax code via the app, whenever they need it.
The information can be downloaded and printed – so there is no need to call HMRC to ask for it to be sent in the post. This means that using the app rather than calling the helpline makes the process much quicker.
Myrtle Lloyd, HMRC’s Director General of Customer Services, said:“Whether you’re starting a new role in customer services, delivering parcels or managing warehouse logistics – the HMRC app is a secure and easy way to access your tax code, National Insurance number and employment details so you can let your new employer know.
“It’s accessible at the touch of a button and is quicker than calling HMRC. To find out how to download it, search ‘HMRC app’ on GOV.UK.”
https://youtu.be/JW9rksc5izk
Victoria Atkins MP, Financial Secretary to the Treasury, said:“Christmas is busy enough – especially if you have taken on a seasonal job – so anything which can save you time is to be welcomed.
“The free and secure HMRC app is just such a thing, it makes searching for employment information quick and easy, whether you need to check your National Insurance number, find out how much you will be paid and much more.”
App users will need a user ID and password, so they can access their personal information. If customers need to set one up, the app will guide them through the process.
More than 3.5 million people have used the HMRC app since it launched in September 2016, and more than 1.6 million customers used it at least once in the last year.
The app is compatible with built-in accessibility functions on a customer’s smartphone including:
· invert colours and adjust contrast levels
· increase the text size without the text truncating or overlapping
· navigate the app using switch control/access
· using voice activation
· listen to the app with a screen reader
The UK Government is offering help for households as a result of the increased cost of living pressures. Visit GOV.UK to find out more about the available cost-of-living support and eligibility requirements.
From automated intelligence, drones and lasers to man’s best friend, SP Energy Networks is leaving no stone unturned to keep the lights on amid the worst of weather this Winter.
The power firm, which keeps electricity flowing to 6 million people across 3.5 million homes and businesses, has beentrialling the use of a specially trained detection dog to help find some of the network issues that could lead to power cuts.
Jac the springer spaniel had a 100% success rate at a recent visit to an SPEN site where an artificial fault had been created to test the dog’s abilities, finding the location under asphalt on the first attempt. The cunning canine also used his nose to point to another fault it hadn’t been expected to find.
The plucky pup will now form a small part of SPEN’s wider arsenal against the worst the weather can throw at the power network this winter.
The network operator already expects to see fewer faults needing repair thanks to an innovative system that can spot potential faults before they even happen.
In a UK first, a new LV (Low Voltage) Support Room based in Cambuslang near Glasgow is using advanced monitoring technology to provide real-time information on supplies across its operating area north and south of the border.
It analyses data produced by smart meters and electricity substations to highlight where a potential fault might occur on the network, helping engineers find exact locations where repairs are required, sometimes before power drops and customers are even aware of an issue.
It was established as a permanent part of SP Energy Networks’ operations following a trial that identified 30 ‘pre-faults’, saving an estimated £60,000 in equipment damage, stopping power cuts, and reducing the amount of time customers were without electricity during repairs.
All of which complements the inspections of the poles and wires that transport electricity around the country that’s been ongoing all year round.
Using drones to identify areas of maintenance and helicopters equipped with LIDAR laser technology that scans whether trees have grown too close to power lines, the company has been carrying out inspections and maintenance at key locations.
Scott Mathieson, SPEN’s network planning and regulation director, said:“Our teams prepare for winter weather all year round and we’re working hard to be ‘storm ready’ for the months ahead.
“It’s important we explore every avenue to either prevent the unplanned outages weather can bring or to make sure that, ifthey do occur, we can restore power to people’s homes and businesses as quickly and as safely as possible.
“Our cutting-edge technology means we can see in real-time how the network is both operating and being used. We’ll continue to innovate to keep the lights on for our customers – and it’s been interesting to see how man’s best friend can help out too.”
SP Energy Networks is responsible for 105,000km of network and 30,000 substations. The normally storm-resilient networkwas severely damaged in places when Storm Arwen brought winds of over 110mph in places.
Scott Mathieson added: “In general we’ve have seen around 25% fewer faults caused by winter weather than a decade ago,which is down to the investment in making the network more resilient.
“Storm Arwen was unlike anything we have seen in recent memory with wind speeds last measured as high in the 1950s. However, it’s a stark reminder of the impact extreme weather can have and the unplanned outages that can result.
“When weather-related power cuts happen, we will work around the clock to get supplies back on but we always encourage our customers to be prepared just in case.”
SP Energy Networks is also reminding all customers ahead of the winter season to ensure they keep the national 105 emergency power cut number close to hand so they can call them if their power does go out unexpectedly – no matter who they pay their bill to.
They are also promoting other essential safety advice to ensure customers are storm-ready, such as, storing a battery powered torch at home, being extremely careful to avoid fallen power lines and keeping their mobile phones charged to help them should a power cut occur.
COLLISION COURSE: SUPREME COURT JUDGES SAY ‘NO’ TO SCOTTISH REFERENDUM
The Scottish Government has made a reference to the Supreme Court to establish whether the Scottish Parliament has the power to hold an independence referendum.
The case was heard on the 11th and 12th of October and the verdict was made public this morning – Wednesday 23 November.
TIME FOR SCOTLAND RALLY
THE SUPREME COURT JUDGEMENT:
Reference by the Lord Advocate of devolution issues under paragraph 34 of Schedule 6 to the Scotland Act 1998 UKSC 31
Date:23 November 2022
Justices
Lord Reed (President), Lord Lloyd-Jones, Lord Sales, Lord Stephens and Lady Rose
Background to the Appeal
The Scottish Government has drafted a Scottish Independence Referendum Bill which makes provision for a referendum on the question, “Should Scotland be an independent country?”. Under the Scotland Act 1998 (“the Scotland Act”), the power of the Scottish Parliament to make legislation (or its “legislative competence”) is limited.
A provision of a Bill will be outside the legislative competence of the Scottish Parliament and therefore not law if it relates to the matters which have been reserved to the United Kingdom Parliament in Westminster (sections 29(1) and (2)(b)). These reserved matters include “the Union of the Kingdoms of Scotland and England” and “the Parliament of the United Kingdom” (Schedule 5, paragraphs 1(b) and (c)).
In this reference, the Lord Advocate (the senior law officer of the Scottish Government) asks the Court whether the provision of the proposed Bill which provides for a referendum on Scottish independence would be outside the legislative competence of the Scottish Parliament because it relates to either or both of the reserved matters of the Union or the United Kingdom Parliament.
This is a legal question about the Scottish Parliament’s power to make legislation under the Scotland Act. The Court is not being and could not be asked to give a view on the distinct political question of whether Scotland should become independent from the rest of the United Kingdom.
The powers of the Scottish Parliament were not in issue during the 2014 referendum on Scottish independence. This is because, in 2013, an Order in Council under section 30(2) of the Scotland Act modified the definition of reserved matters to enable the Scottish Parliament to pass the 2014 referendum legislation. The United Kingdom Government is currently unwilling to agree to the making of another Order in Council to facilitate another referendum on Scottish independence.
The Lord Advocate’s reference was made under paragraph 34 of Schedule 6 to the Scotland Act. The Advocate General for Scotland (the Scottish law officer of the United Kingdom Government) raises two preliminary issues, namely, whether the Court can and should answer the reference.
There are consequently three questions which the Court must consider. First, is the question referred by the Lord Advocate a “devolution issue”? If not, it cannot be the subject of a reference under paragraph 34 of Schedule 6, which would mean that the Court does not have jurisdiction to decide it. Secondly, even if it is a devolution issue, should the Court exercise its discretion to decline to accept the reference? Thirdly, if the Court accepts the reference, how should it answer the question the Lord Advocate has referred to it?
Judgment
In a unanimous judgment, the Court answers the questions before it as follows. First, the question referred by the Advocate General is a devolution issue, which means that that the Court has jurisdiction to decide it.
Secondly, the Court should accept the reference. Thirdly, the provision of the proposed Bill which makes provision for a referendum on the question, “Should Scotland be an independent country?” does relate to matters which have been reserved to the Parliament of the United Kingdom under the Scotland Act.
In particular, it relates to the reserved matters of the Union of the Kingdoms of Scotland and England and the Parliament of the United Kingdom.
Accordingly, in the absence of any modification of the definition of reserved matters (by an Order in Council or otherwise), the Scottish Parliament does not have the power to legislate for a referendum on Scottish independence.
Reasons for the Judgment
Issue 1: Is the question referred by the Lord Advocate a devolution issue?
Only a “devolution issue” can be referred to the Court under paragraph 34 of Schedule 6 to the Scotland Act. The term “devolution issue” is defined by paragraph 1 of Schedule 6. Under paragraph 1(f), it includes “any other question arising by virtue of this Act about reserved matters” [13-14]. The Court concludes that the question referred by the Lord Advocate falls within this description and is therefore a devolution issue which the Court has jurisdiction to decide [47].
In reaching this conclusion, the Court holds, first, that the question referred is one “arising by virtue of” the Scotland Act because it is a question which arises under section 31(1) for the person wishing to introduce the Bill into the Scottish Parliament [16]. That person is required, on or before the Bill’s introduction, to give a statement confirming that, in their view, the provisions of the Bill would be within the legislative competence of the Scottish Parliament [9]. Secondly, the existence of the separate scheme for the scrutiny of Bills for legislative competence by the Court in section 33 of the Scotland Act does not prevent a reference from being made under paragraph 34 of Schedule 6 in relation to a proposed Bill, before it is introduced [21-27]. Thirdly, the terms of paragraph 1(f) of Schedule 6 are very wide. They are intended to sweep up any questions arising under the Scotland Act about reserved matters which are not covered elsewhere [37-42]. Fourthly, it is consistent with the rule of law and with the intention of the Scotland Act that the Lord Advocate should be able to obtain an authoritative judicial decision on the legislative competence of the Scottish Parliament in advance of the introduction of a Bill [44-46].
Issue 2: Should the Court decline to accept the Lord Advocate’s reference?
The Court concludes that it should accept the reference [54]. The reference has been made in order to obtain an authoritative ruling on a question of law which has already arisen as a matter of public importance. The Court’s answer will determine whether the proposed Bill is introduced into the Scottish Parliament. The reference is not therefore hypothetical, academic or premature [53].
Issue 3: Does the proposed Bill relate to reserved matters?
The question whether the provision of the proposed Bill which provides for a referendum on Scottish independence would relate to matters which have been reserved to the United Kingdom Parliament under the Scotland Act (section 29(2)(b)) is to be determined by reference to the purpose of the provision, having regard (among other things) to its effect in all the circumstances (section 29(3)) [56-57], [70], [75].
A provision will relate to a reserved matter if it has something more than a loose or consequential connection with it [57], [71-72]. The purpose and effect of the provision may be derived from a consideration of both the purpose of those introducing the legislation and the objective effect of its terms [73]. Its effect is not restricted to its legal consequences [74].
Applying this test, the reserved matters which are relevant here are “the Union of the Kingdoms of Scotland and England” and “the Parliament of the United Kingdom” (Schedule 5, paragraphs 1(b) and (c)). The latter reservation includes the sovereignty of the United Kingdom Parliament [76]. The purpose of the proposed Bill is to hold a lawful referendum on the question of whether Scotland should become an independent country, that is, on ending the Union and the sovereignty of the United Kingdom Parliament over Scotland [77], [82]. The Bill’s effect will not be confined to the holding of the referendum. Even if the referendum has no immediate legal consequences, it would be a political event with important political consequences [78-81]. It is therefore clear that the proposed Bill has more than a loose or consequential connection with the reserved matters of the Union of Scotland and England and the sovereignty of the United Kingdom Parliament. Accordingly, the proposed Bill relates to reserved matters and is outside the legislative competence of the Scottish Parliament [82-83], [92].
The Scottish National Party (intervening) made further written submissions founded on the right to self–determination in international law and the principle of legality in domestic law [84]. The Court rejects these submissions, holding that the right to self–determination is not in issue here [88-89] and does not require a narrow reading of “relates to” in section 29(2)(b) so as to limit the scope of the matters reserved to the United Kingdom Parliament under the Scotland Act [90]. Similarly, the allocation of powers between the United Kingdom and Scotland under the Scotland Act does not infringe the principle of legality [91].
References in square brackets are to paragraphs in the judgment
Note
This summary is provided to assist in understanding the Court’s decision. It does not form part of the reasons for the decision. The full judgment of the Court is the only authoritative document. Judgments are public documents and are available online. Decided cases
The UK Supreme Court has today determined that the draft Scottish Independence Referendum Bill is outside the powers of the Scottish Parliament.
The Secretary of State for Scotland, Alister Jack, said that the UK Government was committed to working with the Scottish Government on the issues that matter most to people in Scotland.
Alister Jack said: “We note and respect the unanimous ruling from the Supreme Court today.
“People in Scotland want both their governments to be concentrating all attention and resources on the issues that matter most to them. That’s why we are focussed on issues like restoring economic stability, getting people the help they need with their energy bills, and supporting our NHS.
“Today alone, 11.6 million UK pensioners – around one million in Scotland – are starting to receive up to £600 to help with their energy bills this winter.
“As the Prime Minister has made clear, we will continue to work constructively with the Scottish Government in tackling all the challenges we share and face.”
NICOLA STURGEON’s RESPONSE:
“Earlier today, the Supreme Court delivered its judgment on the Lord Advocate’s reference, seeking clarity on whether or not the Scotland Act 1998 allows the Scottish Parliament to legislate for a referendum on independence.
“First of all – while I am obviously very disappointed by it – I respect and accept the judgment of the Court. In securing Scotland’s independence we will always be guided by a commitment to democracy and respect for the rule of law.
“That principle also reflects a practical reality – the route we take must be lawful and democratic for independence to be achieved. And as is becoming clearer by the day, achieving independence is not just desirable – it is essential if Scotland is to escape the disaster of Brexit, the damage of policies imposed by governments we don’t vote for, and the low growth, high inequality economic model that is holding us back.
“However, we must be clear today that the Supreme Court does not make the law – it interprets and applies it. If the devolution settlement in the Scotland Act is inconsistent with any reasonable notion of Scottish democracy – as is now confirmed to be the case – that is the fault of Westminster lawmakers, not the justices of the Supreme Court.
“In addressing the implications of today’s ruling, it is also important to be mindful of what the Court was not asked to decide and therefore what the ruling does not tell us.
“The Court was not asked to decide if there is a democratic mandate for a referendum. The mandate and parliamentary majority for a referendum is undeniable.
“Nor was the Court asked if Scotland should be independent. Only the Scottish people can be the judge of that. And it was not asked if there is any democratic means by which Scotland can choose independence.
“The question the Court was asked to decide – the only question the court could reasonably answer – was a narrower one. Would a Bill providing for an advisory referendum on independence be within the current powers of the Scottish Parliament?
“In other words, can the Scottish Parliament legislate for an independence referendum without the prior agreement of Westminster? The Court has answered that question in the negative.
“It has determined that under the Scotland Act 1998 – which encapsulates the current devolution settlement – even an advisory referendum asking the question “Should Scotland be an independent country?’ is a matter reserved to the Westminster Parliament.
“What that means is that without an agreement between the Scottish and UK governments for either a section 30 Order or a UK Act of Parliament to change its powers, the Scottish Parliament cannot legislate for the referendum the people of Scotland have instructed it to deliver.
“That is a hard pill for any supporter of independence – and surely indeed for any supporter of democracy – to swallow. However, as I said back in June when I informed Parliament that the Lord Advocate had agreed to make this reference, it was always the case that in the absence of an agreement with the UK government, the question of the Scottish Parliament’s competence in relation to a referendum would end up in the Supreme Court – if not before legislation then certainly after any decision by Parliament to pass a Bill.
“So while it is a statement of the obvious that this is not the outcome I hoped for, it does give us clarity. And having that clarity sooner rather than later allows us now to plan a way a forward, however imperfect it might be. Now, I am enough of a realist to know that the immediate questions posed by today’s judgment will be for me and the SNP.
“I am also long enough in the political tooth to expect some triumphalism on the part of unionist politicians. However, unionists of a more thoughtful disposition will, I suspect, know that to be misguided.
“Indeed, they will have been hoping that the Court – as the UK government asked it to do – would have declined to answer the substantive question today.
“That is because they will understand that this judgment raises profound and deeply uncomfortable questions about thebasis and future of the United Kingdom. Until now, it has been understood and accepted – by opponents of independence as well as by its supporters – that the UK is a voluntary partnership of nations.
“The Royal Commission on Scottish Affairs back in 1950 said this: “Scotland is a nation and voluntarily entered into the Union as a partner”.
“That sentiment was echoed nearly 60 years later by the cross-party Calman Commission which described the UK as “a voluntary union and partnership”.
“And it was reinforced in 2014 by the Smith Commission which made clear that “nothing in its report prevented Scotland becoming an independent country should the people of Scotland so choose”.
“What today’s ruling tells us, however, is that the Scotland Act does not in fact uphold that long held understanding of the basis of the relationships that constitute the UK – on the contrary, it shatters that understanding completely.
Let’s be blunt: 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 voluntary or even a partnership at all. So this ruling confirms that the notion of the UK as a voluntary partnership of nations is no longer, if it ever was, a reality.
“And that exposes a situation that is quite simply unsustainable. In the words of former Tory Prime Minister, John Major: ‘No nation could be held irrevocably in a Union against its will’.
“Indeed, perhaps what today’s judgment confirms more than anything else, is that the only guarantee for Scotland of equality within the British family of nations is through independence – that fact is now clearer than ever before.
“The immediate question, of course, is what happens now. Obviously, I am making these remarks just a couple of hours after the Court issued its judgment.
“While the terms and import of the judgment are clear it will still be important to absorb and consider it fully. I think it is safe to predict that this will not be my last word on the matter.
“However, my initial views – building on what I said in June – are as follows. First of all, it is worth repeating that the Court judgment relates to one possible route to Scotland making a choice on independence – a referendum Bill in the Scottish Parliament without Westminster agreement.
“While it is absolutely the case – if the UK was a voluntary partnership – that this would not be needed, it remains open to the UK government, however belatedly, to accept democracy and reach agreement.
“I make clear again today, therefore, that I stand ready at any time to reach agreement with the Prime Minister on an adjustment to the devolution settlement that enables a lawful, democratic referendum to take place – a process that respects the right of people in Scotland to choose their future, in line with the mandate of the Scottish Parliament, lets politicians make the case for and against independence and, crucially, allows the Scottish people to decide.
“What I will not do is go cap in hand. My expectation, in the short term at least, is that the UK government will maintain its position of democracy denial. That position is, in my view, not just unsustainable – it is also utterly self-defeating.
“The more contempt the Westminster establishment shows for Scottish democracy, the more certain it is that Scotland will vote Yes when the choice does come to be made.
“As for that choice – and for the avoidance of any doubt – I believe today, just as I did yesterday, that a referendum is the best way to determine the issue of independence.
“The fact is, the SNP is not abandoning the referendum route. Westminster is blocking it. And in that scenario, unless we give up on democracy – which I, for one, am not prepared to do – we must and will find another democratic, lawful and constitutional means by which the Scottish people can express their will.
“In my view, that can only be an election. The next national election scheduled for Scotland is the UK General Election, making it both the first and the most obvious opportunity to seek what I described back in June as a de facto referendum.
“As with any proposition in any party manifesto in any election, it is up to the people how they respond. No party can dictate the basis on which people cast their votes. But a party can be – indeed should be – crystal clear about the purpose for which it is seeking popular support.
“In this case, for the SNP, it will be to establish – just as in a referendum – majority support in Scotland for independence, so that we can then achieve independence. That, then, is the principle.
“However, now that the Supreme Court’s ruling is known, and a de facto referendum is no longer hypothetical, it is necessary to agree the precise detail of the proposition we intend to put before the country – for example, the form our manifesto will take, the question we will pose, how we will seek to build support above and beyond the SNP, and what steps we will take to achieve independence if we win.
“As you would expect, I have views on all of that. However, given the magnitude of these decisions for the SNP, the process of reaching them is one that the party as a whole must be fully and actively involved in.
“I can therefore confirm that I will be asking our National Executive Committee to convene a special party conference in the new year to discuss and agree the detail of a proposed de facto referendum.
“In the meantime, the SNP will launch and mobilise a major campaign in defence of Scottish democracy. For we should be in no doubt – as of today, democracy is what is at stake. This is no longer just about whether or not Scotland becomes independent – vital though that decision is.
“It is now more fundamental – it is now about whether or not we have the basic democratic right to choose our own future. Indeed, from today, the independence movement is as much about democracy as it is about independence.
“To conclude, I am well aware that there will be a real sense of frustration and disappointment today in both the SNP and the wider movement. I share it. My message, though, is this: while that is understandable, it must be short lived. And I believe it will be.
“Indeed, I suspect we will start to see just how short lived in the strength of the gatherings planned for later today in Edinburgh and other parts of Scotland. The fact is we have work to do.
“The case for Scotland becoming independent is more compelling and urgent than ever. Independence is now essential because of what Westminster control means, on a day-to-day basis, for people in this country, and for future generations.
“Thanks to Westminster control, the UK economy is in crisis – and we are entering a new age of Tory austerity. Low-income households in the UK are now 22 per cent poorer than their counterparts in France, and 21 per cent poorer than in Germany.
“To put that in context – it means the living standards of the lowest-income households in the UK are £3,800 lower than their French equivalents. Thanks to Westminster control, we are subject to an immigration and asylum system that neither works in practice, nor serves our need to grow our population.
“It mistreats those who come to our shores looking for sanctuary from oppression, and deprives us of the talents and taxes of those who want to live, work and contribute to our country. Thanks to Westminster control, even the limited measure of self-government that devolution provides is no longer guaranteed.
“The steady erosion of the powers of our Parliament, the undermining of the Sewel Convention, the imposition of the UK Internal Market Act, and now the Retained EU law Bill.
“And if we stick with Westminster control we are stuck outside the European Union permanently. And that comes at a heavy cost.
“According to the Office for Budget Responsibility, Brexit will mean in the long-run a fall in national income of 4 per cent compared with EU membership. That is equivalent to a cut in public revenues in Scotland of £3.2 billion.
“All the main Westminster parties now support a Brexit that Scotland did not vote for. And the Brexit conspiracy of silence that exists between them means the UK economy will become weaker, and people will pay a heavier and heavier price.
“That price will be paid in hard economic terms – but also in the narrowing of horizons and loss of opportunities for the generations to come. Scotland can do better than this.
“The example of independent countries across Europe and the world, many with nowhere near the assets and strengths we have, tells us that loudly and clearly. We hear from Westminster that what is needed is stability.
“But let’s be clear – the Westminster system has shown that it is not capable of securing stability. The people relying on food banks are not being offered stability.
“Those across our country afraid to switch on their heating are not being offered stability. The businesses struggling with Brexit are not being offered stability. The young people denied the rights and opportunities of EU membership are not being offered stability.
“A UK economic model which delivers low growth and low productivity coupled with sky high rates of poverty and inequality does not, and never will offer stability. Scotland can do so much better. So, yes, of course, this judgment is a disappointment. But it is not one we can or will wallow in.
“Indeed, getting the judgment now rather than later gives us the clarity we need to plot a definite way forward. Fundamentally, our job today is the same as it was yesterday. It is to persuade a majority of the Scottish people of the fact that independence is the best future for Scotland – and ensure a democratic process that allows majority support to be established beyond doubt.
“That job is not easy, I know – on some days, like today perhaps, it feels more difficult than ever. But nothing – nothing – worth doing is ever easy. There is no doubt in my mind that independence will be worth it. And my resolve to achieve independence is as strong as it has ever been. Indeed, it is if anything even stronger. Prosperity, equality, internationalism – and now, without any doubt, the very democracy of our nation – depends on independence.”
