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Committee reports
Date published:
27 February 2026
Options for a legal mechanism for triggering any independence referendum - Conclusions
Conclusions
The CommitteeiThese conclusions (paragraphs 102-109) were agreed by division (For 4 (Clare Adamson MSP, George Adam MSP, Keith Brown MSP; Patrick Harvie MSP); Against 3 (Jamie Halcro Johnston MSP, Stephen Kerr MSP; Neil Bibby MSP); Abstentions 0) notes the broad consensus expressed by witnesses and by its advisers as to the current legal position in relation to any future independence referendum:
That international law confers no legal right for Scotland unilaterally to secede from the United Kingdom nor unilaterally to hold a referendum on the question of Scottish independence;
Therefore, that the question of Scottish independence must be answered in accordance with the United Kingdom’s constitutional arrangements;
That the multi-national character of the United Kingdom’s constitution is reflected in the Acts of Union that created a new state, Great Britain, while preserving distinct Scottish national institutions in law, education, local government and religion;
That while the Scottish constitutional tradition of the sovereignty of the people is widely accepted, the UK’s constitutional arrangements vest legal sovereignty (i.e. the highest law-making authority) in the UK Parliament;
Therefore, the primary route for Scotland to become independent is an Act of (the UK) Parliament providing directly for Scottish independence or enabling the Scottish Parliament to declare independence;
That this is so notwithstanding that the Acts of Union make no provision for their dissolution and declare that the union between Scotland and England is to last “forever”, nor the common perception that a voluntary Union entered into by two parties could reasonably and commonly be understood to imply a process for its dissolution;
That the Scotland Act 1998 reserves both “the union of the Kingdoms of Scotland and England” and “the Parliament of the United Kingdom” to the United Kingdom Parliament and makes the Acts of Union subject to that Act;
That the Supreme Court has determined that legislation authorising a referendum on Scottish independence would “relate to” these reserved matters and therefore would be outside of the Scottish Parliament’s legislative competence;
Therefore, that in order for the Scottish Parliament to legislate for an independence referendum this would require a transfer of legislative competence either by a section 30 order or by primary legislation made by the UK Parliament;
That the 2014 referendum was legislated for by the Scottish Parliament on the basis of an agreement between the Scottish and UK Governments and a section 30 order that was approved by both the Scottish and UK Parliaments;
That this section 30 order established a time-limited power to provide for that specific referendum and was not intended to establish a legal precedent.
Committee reports
Date published:
27 February 2026
Options for a legal mechanism for triggering any independence referendum - Annexe B: text disagreed by division
Annexe B: text disagreed by division
Stephen Kerr proposed that the conclusions (paragraphs 102-109) be deleted and replaced with the followingiThe amendment was disagreed by division (For 3 (Stephen Kerr MSP, Jamie Halcro Johnston MSP, Neil Bibby MSP); Against 4 (Clare Adamson MSP, George Adam MSP; Keith Brown MSP; Patrick Harvie MSP); Abstentions 0):
102.
Committee reports
Date published:
16 September 2024
Report on Scotland's Commissioner Landscape: A Strategic Approach - Sunset clauses
The majority of those we heard from were in favour of adding sunset clauses to new enabling legislation, including former MSPs and former SPCB supported Commissioners/Ombudsman.2Scottish Parliament. (2024).
Committee reports
Date published:
8 November 2022
Subordinate legislation considered by the Net Zero, Energy and Transport Committee on 1 November 2022 - The Pavement Parking Prohibition (Exemption Orders Procedure) (Scotland) Regulations 2022 [draft]
The Minister for Transport, Jenny Gilruth MSP, lodged motion S6M-06081, which recommended the Committee to approve the Regulations.
Committee reports
Date published:
21 June 2018
Complaint against Mark McDonald MSP
SPPAS052018R05
Complaint against Mark McDonald MSP
The Committee considered a complaint against Mark McDonald MSP.
Official Report
Meeting date:
31 October 2024
Social Justice and Social Security Committee 31 October 2024
Thank you, cabinet secretary. We now move to questions from MSP colleagues, and I ask Katy Clark to kick off.
Official Report
Meeting date:
28 September 2022
Citizen Participation and Public Petitions Committee 28 September 2022
We have also received written submissions from Elena Whitham MSP and Finlay Carson MSP, who are yet again reinforcing their support for the petition, highlighting the economic importance of the A77 and the A75, and stressing the need for further investment.
SPICe briefings
Date published:
10 March 2026
Crofting and Scottish Land Court Bill: consideration in advance of Stage 3 - Areas of discussion ahead of Stage 3
He confirmed that the Government was willing to work with Ariane Burgess MSP to develop a workable alternative for stage 3 and invited her not to move the amendment at this stage.
News
Published:
20 June 2025
MSPs want views on proposals that would give pupils a stronger voice in religious education decisions
MSPs want views on proposals that would give pupils a stronger voice in religious education decisions.
Committee reports
Date published:
29 November 2022
Standards, Procedures and Public Appointments Committee report on a Proxy Voting pilot - Our inquiry report on Future Parliamentary Procedures and Practices
Our inquiry report on Future Parliamentary Procedures and Practices
The evidence we gathered from other MSPs for our inquiry report confirmed the value of providing alternative means for MSPs unable to cast their vote personally.
