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SP Bill 25

Scottish Independence Referendum Bill

Full BillStage 3
Type: Government
Nicola

Scottish National Party

# Scottish Independence Referendum Bill The Scottish Independence Referendum Bill sought to establish the legal framework for holding a referendum on Scottish independence. It emerged from the Scottish Government's position that Scotland should have the right to determine its own constitutional future through a democratic vote. The bill addressed the constitutional question of how such a referendum could be conducted within Scotland's devolved powers, particularly given the reserved nature of constitutional matters under the Scotland Act 1998. The bill's key provisions would have established the mechanics for an independence referendum, including the franchise (eligible voters), the referendum question, and the conduct and administration of the poll. It proposed that a simple majority vote in favour would be treated as a mandate for independence. However, the bill faced significant legal and political obstacles. The UK Government argued that holding such a referendum without Westminster's consent would be unlawful, as the constitution remains a reserved matter. The Supreme Court subsequently ruled in 2023 that the Scottish Parliament lacked the power to legislate for an independence referendum without UK Parliament approval. As a result, the bill did not progress to become law, and the question of Scottish independence remained unresolved through this parliamentary route.

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Parliamentary Progress

Introduced

21 March 2013

Stage 1

12 September 2013

Stage 2

10 October 2013

Stage 3

14 November 2013

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