Proposed second Scottish independence referendum

Results by council area of the 2014 Scottish independence referendum:

  Yes

  No

The referendum on Scottish independence held on 18 September 2014 saw Scotland vote to remain part of the United Kingdom (UK), with 55% voting against the proposal for Scotland to become an independent country and 45% voting in favour. Uncertainty over Scotland's European Union (EU) membership was a topic in the run-up to the referendum vote.[9] The British government and some mainstream political parties argued that remaining in the UK was the only way for Scotland to remain part of the EU.[10][11] The proposed UK referendum on EU membership had already been announced, and was a topic of discussion in the independence debate.[12]

Other issues, such as the economy, played a large part in the debate. Financial groups, such as the Royal Bank of Scotland and Lloyds Banking Group, were reported to be considering moving their registered offices to London, as a result of a European law stating that banks should have their head offices in the same member state as its registered office, as well as implying that these offices should be in the location where they conduct most of their activity – which would be the remainder of the United Kingdom in the event of Scottish independence.[13][14]

The Scottish Government's official publication on the independence referendum stated that "It is the view of the current Scottish Government that a referendum is a once-in-a-generation opportunity",[15] a point reiterated a few days before the vote by the SNP's then-leader, Alex Salmond, noting the eighteen-year gap between the devolution referenda held in 1979 and in 1997 as an example of the generational opportunity.[16] Three months later, Salmond reversed the position, highlighting the UK's EU referendum as a factor.[17] The UK government had also portrayed the independence referendum as once-in-a-generation.[18]

Though the proposal for Scotland to become an independent country was voted down in 2014, the referendum resulted in the Scottish Parliament gaining additional powers through the Scotland Act 2016, which increased the devolved powers in areas such as taxation and some aspects of welfare provision.[19]

Results of the 2015 United Kingdom general election

The 2015 UK general election was held on 7 May almost eight months after the independence referendum was held. In their manifesto, the SNP said the following in response to the Conservatives' manifesto pledge promising a referendum on EU membership by the end of 2017 if elected:[20]

The European Union is far from perfect, however, we believe that it is overwhelmingly in Scotland’s interests for us to remain a member, engaging with the institutions as fully as we can, and to argue for reform from within. We will oppose UK withdrawal from the EU and will propose that, in any future referendum, there should be a double majority requirement. Each of the four constituent nations of the UK would have to vote for withdrawal before the UK as a whole could leave the European Union.

The SNP went on to win 56 of the 59 Scottish seats that were contested in an unprecedented landslide winning 50% of the national vote and left just three unionist MPs in Scotland; Labour saw their worst result in Scotland since 1918, the Liberal Democrats fell to their lowest level since 1970 and the Conservatives received their lowest vote share in Scotland since 1865.

Across the United Kingdom, the Conservatives led by David Cameron won an unexpected overall majority, their first since 1992 and following their victory passed the European Union Referendum Act 2015 which legislated for the holding of a national UK-wide referendum on EU membership which would be held following the conclusion of a renegotiation of the UK's membership to the EU.

Results of the 2016 Scottish Parliament election

The elections to the Scottish Parliament took place on 5 May 2016, seven weeks before the holding of the EU Referendum. In their manifesto for the 2016 Scottish elections, the SNP stipulated conditions under which they would seek a second independence referendum:[21]

We believe that the Scottish Parliament should have the right to hold another referendum if there is clear and sustained evidence that independence has become the preferred option of a majority of the Scottish people – or if there is a significant and material change in the circumstances that prevailed in 2014, such as Scotland being taken out of the EU against our will.

The SNP were re-elected in the 2016 election, winning 63 seats in the 129-seat chamber, although the result meant that they no longer held an overall majority.[22] The pro-independence Scottish Green Party won 6 seats,[22] meaning that pro-independence MSPs maintained a majority.[23]

The Green manifesto stipulated that a second referendum should be held if there was public demand for one, rather than as a result of "calculations of party political advantage". The party specified that their preferred method of showing support for a referendum was via a public petition, although their manifesto didn't clarify how many signatories there would have to be to receive their support:[24]

Citizens should be able to play a direct role in the legislative process: on presenting a petition signed by an appropriate number of voters, citizens should be able to trigger a vote on important issues of devolved responsibility. As we proposed on the first anniversary of the Independence Referendum, this is the Scottish Greens’ preferred way of deciding to hold a second referendum on Independence. If a new referendum is to happen, it should come about by the will of the people, and not be driven by calculations of party political advantage. In such a referendum the Scottish Greens will campaign for independence.

Every council area in Scotland returned majority votes in favour of remaining in the EU, contrasting with other parts of the UK, who ultimately carried the overall UK leave vote.

  Remain

In the EU membership referendum held on 23 June 2016, all thirty-two council areas in Scotland voted by a majority for the UK to remain a member of the EU. 62% of Scottish voters voted to remain a member of the EU, with 38% voting to leave. However, 52% of voters across the whole UK voted to leave the European Union, with 48% voting to remain; majorities in England and Wales were in favour of leaving the EU, with majorities in Scotland, Northern Ireland and Gibraltar to remain a member of the EU.[25]

Before the referendum, leading figures with a range of opinions regarding Scottish independence suggested that in the event the UK as a whole voted to leave the EU but Scotland as a whole voted to remain, a second independence referendum might be precipitated.[26][27] Former Labour Scottish First Minister Henry McLeish asserted that he would support Scottish independence under such circumstances.[28]

In 2013, Scotland exported around three and a half times more to the rest of the UK than to the rest of the EU,[29] while in 2015, that had increased to around four times more to the rest of the UK than to the rest of the EU.[30] The pro-union organisation Scotland in Union has suggested that an independent Scotland within the EU would face trade barriers with a post-Brexit UK and face additional costs for re-entry to the EU.[29]

A report for the European Parliament regarding the impact on the United Kingdom's exit from the EU on devolution suggested that "there now seems to be a consensus that, were Scotland to become independent by legal means, it could join the [European] Union", something which had been questioned before the 2014 referendum.[31]

In response to the result, on 24 June 2016, the Scottish Government said officials would begin planning for a second referendum on independence.[32][33] Scottish First Minister Nicola Sturgeon said it was "clear that the people of Scotland see their future as part of the European Union" and that Scotland had "spoken decisively" with a "strong, unequivocal" vote to remain in the European Union.[34] Sturgeon said it was "democratically unacceptable" that Scotland could be taken out of the EU "against its will".[32][35]

In February 2017, the Scottish Parliament voted 90 to 34 to oppose the UK leaving the EU and to oppose invoking Article 50 in a non-binding vote.[36]

Results of the 2017 United Kingdom general election in Scotland.

The 2017 UK general election returned a hung parliament resulting in Theresa May's Conservatives returning as a minority government through a pact with the Democratic Unionist Party.

The SNP remained as the third-largest party in the UK House of Commons with its representation reduced to 35 of the total 59 Scottish MPs. The SNP had 21 fewer seats than they won in the 2015 general election and its popular vote in Scotland reduced from 50% in 2015 to 37% in 2017 with a lower voter turnout. The Conservatives, who oppose independence, saw their best election in Scotland since 1983, winning 29% of the vote and increasing their seat total to thirteen, compared to one in the previous parliament.

Sturgeon stated: "Undoubtedly the issue of an independence referendum was a factor in this election result, but I think there were other factors in this election result as well".[37] Opposition to a second referendum is one of the issues that former SNP MP Angus Robertson and Scottish Conservative leader Ruth Davidson have attributed to reduced support for the SNP.[38]

The SNP lost seats that voted for independence. Glasgow North East was gained by Labour despite consisting mostly of the two Scottish Parliamentary constituencies with the largest support for independence within the Glasgow City council area – Glasgow Maryhill and Springburn and Glasgow Provan.[39]

A Survation poll the day prior to the election found that 71% of 2014 independence voters planned to vote for the SNP,[40] significantly lower than the 87% of 'Yes' voters who were planning to vote SNP at a comparable time in 2015.[41] A large amount of support from independence voters had moved to the Labour Party, with the party increasing their vote share among independence supporters from 6% to 21%.[40][41] The Conservatives had a smaller rise among independence supporters, gaining 7% of their votes in 2017, compared to 2% in 2015.[40][41]

A realignment also occurred among those who opposed independence in the 2014 referendum. In 2015, Labour had the highest vote share among unionist voters at 42%.[41] This dropped to 33% in 2017.[40] The Conservatives became the largest anti-independence party increasing their votes from 27% to 46% of unionist voters.[40][41] Elsewhere, 11% backed the SNP and the Liberal Democrats in 2017, compared to 15% and 10% respectively in 2015.[40][41]

Results of the 2019 UK general election in Scotland

The 2019 UK general election resulted in a majority parliament for the Conservatives led by Boris Johnson. The SNP held the position of third largest party in the House of Commons, gaining 13 seats from the previous election to a total of 48. The SNP garnered 45% of the popular vote in Scotland, an 8% gain from the 2017 UK general election.[42]

Nicola Sturgeon, leader of the SNP, said: "It couldn't really be any clearer from the results of this election that Scotland doesn't want a Boris Johnson government, it doesn't want to leave the European Union, and it wants to be able to determine its own future, whatever that future turns out to be."[43] This was in response to the Scottish Conservatives campaign, that, according to Sturgeon, focused solely on opposing a second referendum on Scottish Independence.[43] Given Johnson's opposition to a second referendum, Sturgeon stated the Scottish Government could pursue a legal course of action to try to give the Scottish Parliament the power to call a referendum.[42][44]

In May 2019, the Scottish Government introduced the Referendums Bill to the Scottish Parliament as part of a three-tiered approach to constitutional change. This Bill, when passed, will form the statutory basis for all future referenda being held under Scots Law under the instruction of the Scottish Government.[47] This legislation would form the legal basis of a further independence referendum. The current Scottish Government intends to seek a Section 30 order or an amendment to the Scotland Act 1998 to ensure that the result of a future referendum can be indisputably binding.

The Bill was passed at Stage 3 by the Scottish Parliament on 19 December 2019.[48]

The constitution is a 'reserved' matter of the United Kingdom government under the Scotland Act 1998. For a future referendum on Scottish independence to have a binding outcome, it would need to receive the consent of the British Government through a Section 30 order.[49][50][51] The Scottish Parliament could approve a "consultative referendum" on the subject of independence, which would enable the referendum to take place without the approval of the British Parliament.[52] Under the Sewel Convention, the Scottish Government is able to issue a "legislative consent motion," which would signal to the United Kingdom Parliament that Scottish Government has deemed it necessary to alter a law enacted by the UK Government or to change the scope of the devolved government's powers in some manner.[53]

Scottish Secretary David Mundell stated, on 26 June 2016, that "if the people of Scotland ultimately determine that they want to have another [independence] referendum there will be one", and added "Could there be another referendum? The answer to that question is yes. Should there be another referendum? I believe the answer to that question is no."[54]

On 13 October 2016, Sturgeon announced that an Independence Referendum Bill will be published for consultation the following week.[55]

On 13 March 2017, Sturgeon announced she would seek Scottish Parliament approval to negotiate with the UK Government for a Section 30 order enabling a legally binding second independence referendum.[2]

On 16 March 2017, ahead of the scheduled debate, Theresa May responded by broadcasting a message where she said that "now is not the time" for a second referendum on Scottish independence, as it would be unclear what the people of Scotland would be voting for.[4] Ruth Davidson later appeared at a press conference in Edinburgh and stated her position that "we will maintain that it should not take place when there is no clear public and political consent for it to happen".[4]

The debate began on 22 March 2017, but following that day's Westminster terrorist attack, it was suspended before a vote could take place. The vote was subsequently rescheduled for 28 March, a day before Theresa May was scheduled to trigger Article 50.[56]

On 28 March 2017, the Scottish Parliament voted 69–59 on Motion S5M-04710, in favour of holding a second referendum on Scottish independence.[57][58] Prior to the passage of the motion, a Green Party amendment was passed, by the same margin, that seeks to enable 16 and 17 year-olds and EU citizens the opportunity to vote in a referendum.[59]

The full-motion, with the Green Party amendment in italics:

That the Parliament acknowledges the sovereign right of the Scottish people to determine the form of government best suited to their needs and therefore mandates the Scottish Government to take forward discussions with the UK Government on the details of an order under section 30 of the Scotland Act 1998 to ensure that the Scottish Parliament can legislate for a referendum to be held that will give the people of Scotland a choice over the future direction and governance of their country at a time, and with a question and franchise, determined by the Scottish Parliament, which would most appropriately be between the autumn of 2018, when there is clarity over the outcome of the Brexit negotiations, and around the point at which the UK leaves the EU in spring 2019; believes that this gives people in Scotland a choice at a time when there is both the most information and most opportunity to act; further believes that 16 and 17-year-olds and EU citizens, who were excluded from the EU referendum, should be entitled to vote, and considers that this referendum is necessary given the Prime Minister’s decision to negotiate a hard exit from the EU, including leaving the single market, which conflicts with assurances given by the UK Government and prominent Leave campaigners, and which takes no account of the overwhelming Remain vote in Scotland.

Following the 2017 UK general election, Sturgeon announced that the Scottish Government would postpone legislation on the proposed second referendum on Scottish independence until at least autumn 2018, when it was believed that the outcome of Brexit negotiations would become clearer.[60]

On 25 May 2018, the Scottish National Party published its "Growth Commission" report, which detailed the economics of an independent Scotland when maintaining close alignment to British fiscal policy. The report noted that it would take £450 million to set up an independent state, with an initial budget deficit of around 6% of GDP. The report, additionally, suggested that an independent Scotland would negotiate a share of the UK national debt, while continuing to use the Pound Sterling as currency for at least a decade. Scotland would only consider an independent currency, once certain economic goals had been met. Despite not having a separate currency on independence, the report suggested that Scotland would set up a central bank to act as a lender of last resort. According to the Growth Commission, Scotland would seek an open migration policy to allow for its population to grow.[61]

Scottish Conservative leader Ruth Davidson responded to the report by saying: "For me, the most important issue is making sure our children get a good education. The first minister used to claim that that was her priority too—how times have changed. It's hard to see how dragging Scotland back down the rabbit hole of a debate on independence is going to improve our schools." Richard Leonard, Scottish Labour's leader, stated that the report, "will exasperate millions of people around the country who just want the first minister focused on public services".[62]

In March 2019, the SNP conference adopted an amendment version of the Growth Commission as party policy on the economics of independence. This amended version established that it is now SNP policy for an independent Scotland to create a new currency at the earliest feasible point of independence to enable fiscal sovereignty, with Pound Sterling being a transitional currency for Scotland.[63] First Minister Sturgeon also announced the establishment of a 'Social Justice Commission' to develop the social argument for independence to complement the SNP's new economic policy.[64]

In April 2019, Sturgeon proposed holding a second referendum before the end of the Scottish Parliamentary session in May 2021.[65] Legislation has been introduced in the form of the 'Referendums (Scotland) Bill' to govern future referenda, on any subject, in Scotland held by the Scottish Government. The Scottish Government is working on a three-pronged approach to constitutional change:

• Firstly, a referendum on independence through the Referendums (Scotland) Bill is a matter of intent of the government to allow Scotland a say on independence.
• Secondly, cross-party talks are to be held to enable any areas of agreement on changes to devolution to be explored.
• Lastly, the Scottish Government is establishing the Citizens' Assembly of Scotland to discuss the most prominent issues faced by contemporary Scottish governance.[66]

The civic campaign group Voices for Scotland launched in April 2019 to secure a pro-independence majority in Scotland through societal engagement. This group was established by the Scottish Independence Convention which is made up of cross-party and grassroots organisations.[67]

On the same day as the passing of the Referendums (Scotland) Act 2019, Nicola Sturgeon officially published the Scottish Government's request to Prime Minister Boris Johnson for the transfer of legal authority to hold a referendum on independence. This request set out the constitutional history of Scotland's place in the United Kingdom and that the Scottish Government would deem either a Section 30 order or an amendment to the Scotland Act as a satisfactory means of transferring the power over independence referendums.[68] Sturgeon's intention is for the referendum to be held in 2020.[8]

Sturgeon's 2019 request was rejected by the UK government in January 2020.[69] In his official response, Johnson wrote that Sturgeon and Salmond had promised that the 2014 referendum would be a "once in a generation" vote, that both the Scottish and UK governments had pledged to implement the outcome of that vote, and that his government therefore "cannot agree to any request for a transfer of power that would lead to further independence referendums".[69]

The Scottish Parliament passed a motion introduced by the Scottish Government on 29 January 2020 to endorse a new referendum on independence. The motion was carried 64 votes to 54.[70] This was on the same day that the Parliament resolved to continue flying the Flag of the European Union after the UK's withdrawal from the European Union.[71]

Part of a series of articles on
Brexit
Withdrawal of the United Kingdom from the European Union Glossary of terms
Background Euroscepticism in the United Kingdom UK opt-outs from EU legislation Campaigns for a referendum People's Pledge Labour for a Referendum Bloomberg speech Project Fear Brexit: The Movie In or Out 2013–14 EU (Referendum) Bill (unsuccessful) 2015–16 EU membership renegotiation 2015 EU Referendum Act (Gibraltar) Opinion polling on the United Kingdom's membership of the European Union
Referendum Issues Endorsements Opinion polling Results Causes for result International reactions Allegations of unlawful campaigning Immediate aftermath 2016 Conservative Party election 2016 Labour Party election 2016 UKIP election Department for Exiting the EU Department for International Trade Campaigns Leave campaigns Vote Leave (official) Business for Britain Conservatives for Britain Students for Britain BeLeave Leave.EU Bpoplive The Freedom Association Better Off Out Grassroots Out Labour Leave Get Britain Out Bruges Group Campaign for an Independent Britain Remain campaigns Britain Stronger in Europe (official) Labour In for Britain European Movement UK Britain in Europe British Influence Business for New Europe Nucleus
Notice of withdrawal Article 50 process R (Miller) v Secretary of State for Exiting the European Union EU (Notification of Withdrawal) Act 2017
Negotiations Negotiation positions EU negotiation mandate Chequers agreement Timeline: 2017, 2018, 2019
Withdrawal agreement Brexit divorce bill Irish backstop No-deal Brexit Continuing United Kingdom relationship with the European Union
Parliamentary votes Withdrawal Act 2018 (Gibraltar) Cooper–Letwin Act Benn Act Public Vote Bill (not passed) Terms of Withdrawal Bills (not passed) Scottish EU Continuity Bill (blocked) Withdrawal Agreement Act (Gibraltar)
Impact Impact on the Irish border Good Friday Agreement Impact on the EU Economical effects Effects on Gibraltar Scientific cooperation
Future EU–UK relations United Kingdom–European Union relations Trade deal negotiation between the UK and EU Cyprus-United Kingdom relations France–United Kingdom relations Germany–United Kingdom relations Ireland-United Kingdom relations Italy–United Kingdom relations Malta–United Kingdom relations Spain-United Kingdom relations Conjectured EEA membership
Opposition in the UK Post-referendum opinion polling New initiatives Change Britain More United Open Britain The New European Unite to Remain Led By Donkeys Revoke Article 50 petition Postcards from the 48% Proposed second Scottish independence referendum Calls for a second referendum People's Vote Britain for Europe European Movement UK For our Future's Sake Healthier IN the EU InFacts Open Britain Our Future Our Choice Scientists for EU Other organisations Best for Britain Bollocks to Brexit Change UK Liberal Democrats Right to Vote
Timeline Bloomberg speech Jan 2013 European Parliament election May 2014 2015 general election May 2015 Referendum Act passed Dec 2015 Renegotiation concluded Feb 2016 Referendum held Jun 2016 Theresa May becomes PM Jul 2016 Notification of withdrawal sent Mar 2017 Brexit negotiations begin May 2017 2017 general election Jun 2017 Chequers plan presented Jul 2018 Withdrawal agreement released Nov 2018 Meaningful votes Jan–Mar 2019 Brexit delayed until 12 April Mar 2019 Cooper–Letwin Act passed Apr 2019 Brexit delayed until 31 October Apr 2019 European Parliament election May 2019 Boris Johnson becomes PM Jul 2019 Benn Act passed Sep 2019 Prorogation & annulment Sep 2019 Withdrawal agreement revised Oct 2019 Brexit delayed until 31 January Oct 2019 2019 general election Dec 2019 UK's departure from the EU Jan 2020 Implementation period ends Dec 2020
EU portal · UK portal

The results of the European Union membership referendum by voting areas. Scotland, Northern Ireland, London, and Gibraltar voted in majority to remain in the European Union, contrasting with Wales and the rest of England, who ultimately carried the result of leaving.

  Leave

  Remain

Following the EU referendum result, Sturgeon said she would communicate to all EU member states that Scotland had voted to stay in the EU.[72] An emergency Scottish cabinet meeting on 25 June 2016 agreed that the Scottish Government would seek to enter negotiations with the EU and its member states, to explore "options to protect Scotland's place in the EU".[73][74] On 28 June 2016, Sturgeon said that "independence [...] is not my starting point in these discussions. My starting point is to protect our relationship with the EU."[75]

After a summit of EU leaders on 29 June 2016, Sturgeon held meetings with some EU officials.[76] She raised the possibility of parts of the UK remaining within the EU, or for these areas to have special arrangements with the EU, after the UK leaves.[76] David Edward, a former justice of the European Court of Justice, suggested that these arrangements would relate to policy areas that have been devolved to Scotland.[76]

Sturgeon also met European Commission president Jean-Claude Juncker, who commented that "I will listen carefully to what the first minister will tell me... but we don't have the intention, neither Donald Tusk nor myself, to interfere in an inner British process that is not our duty and this is not our job."[77] Manfred Weber, leader of the European People's Party Group, and Guy Verhofstadt, leader of the Alliance of Liberals and Democrats for Europe Group, indicated that they were supportive of Scotland remaining an EU member.[78][79][80] Gunther Krichbaum, head of the Bundestag's Committee for EU Affairs, made supportive comments about Scotland becoming a member state of the EU.[81]

Spanish Prime Minister Mariano Rajoy said: "[be] very clear Scotland does not have the competence to negotiate with the European Union".[77] He also stated his opposition to the EU negotiating with "anyone other than the government of United Kingdom" and that "if the United Kingdom leaves... Scotland leaves".[77] Similarly, the French President, François Hollande, stated: "The negotiations will be conducted with the United Kingdom, not with a part of the United Kingdom".[77]

The Scottish European and External Affairs Committee held an evidence session on 30 June 2016, asking a panel of four experts (Dr Kirsty Hughes of Friends of Europe, Prof Sionaidh Douglas-Scott of the Queen Mary School of Law at the University of London, Sir David Edward and Prof Drew Scott of the University of Edinburgh) what they felt was the best way to secure the Scottish-EU relationship.[82] Hughes stated that "the simplest and most obvious way would be to be an independent state and transition in and stay in the EU", Douglas-Scott said that "Legally there are precedents. [...] But there were also political difficulties", referring to Catalonia in member state Spain. Edward believed "Scotland makes quite a good fit with Iceland and Norway", referring to the European Economic Area and the European Free Trade Association, while Scott hinted that Scotland could be a successor state, meaning the rest of the UK would leave but Scotland would retain its seat.[82]

The new UK Prime Minister Theresa May met with Sturgeon on 15 July 2016 in Edinburgh, when May stated that she was "willing to listen to options" for Scotland,[83] although she later stated that some options were "impracticable".[84] Sturgeon then publicly stated that she had five tests for any future arrangements.[85] The IPPR thinktank stated that Scottish unionists needed to provide options for Scotland, if they wished to retain the British union.[84] The Scottish Labour Party published an 'Action Plan' in July 2016, focusing on the economy.[86]

In their manifestos for the 2017 German federal election, the Free Democrats and the Greens stated that EU membership would remain an option for Scotland and Northern Ireland (as well as for the rest of the UK), if they left the UK.[87]

In April 2017, a report for the European Parliament Committee on Constitutional Affairs was published to look at the implications on the UK's withdrawal from the European Union on Scotland, Wales and Gibraltar and their future relations with the EU. The report suggested that Scotland would be unlikely to be rejected as a member of the EU, should it become independent, noting that "not since de Gaulle’s veto on UK membership in the 1960s has a democratic country respecting the rule of law been refused admission". However, it affirmed that Scotland's independence would have to be accepted by the United Kingdom for Scotland to obtain EU membership: "There now seems to be a consensus that, were Scotland to become independent by legal means, it could join the [European] Union".[88]

In November 2016, Sturgeon confirmed to members of the Scottish Parliament that the Scottish Government was considering joining the European Free Trade Association (EFTA) and the European Economic Area (EEA), based on the model of Norway and some other countries, to "protect [Scotland's] place in the single market" of Europe even if the United Kingdom as a whole does leave in a "hard Brexit".[89] The SNP's 2017 General Election manifesto stated that "the Scottish Government [led by the SNP, had] published proposals that would keep Scotland in the Single Market, even as we left the EU."[90] Christophe Hillion, a Professor of European Law at the University of Oslo who was invited to deliver an expert opinion to the Scottish Parliament, said that while there is scepticism about UK accession to EFTA in Norway, Scotland is viewed much more positively, and that the EFTA member states would likely welcome an independent Scotland as a member.[91]

The Scotland Act 1998 empowers the Scottish Parliament to legislate in policy areas devolved to Scotland, but one of its clauses obliges the Scottish Parliament to ensure its legislation is compatible with European law.[92][93] For the UK to completely leave the EU, it would need to remove that obligation.[93] If the UK Parliament wishes to legislate on policy areas devolved to Scotland, or if it wishes to amend the powers devolved to Scotland, by convention it needs the Scottish Parliament to pass a "legislative consent motion".[92][93] On 26 June 2016, Sturgeon said she would ask the Scottish Parliament to withhold consent if she thought it was not in Scotland's interests.[94] Giving evidence to a House of Lords committee before the EU referendum, David Edward suggested the consent of the Scottish Parliament would be needed for this legislation.[92]

Media reports suggested this might give the Scottish Parliament a veto over UK withdrawal from the EU,[92][95][96] but under the Scotland Act 1998 the UK Parliament could ultimately override the "veto" as it is based only on parliamentary convention.[92][93] Alternatively, the UK Parliament could choose to disregard the obligation for the Scottish Parliament to observe EU law.[93] The then Secretary of State for Northern Ireland, Theresa Villiers, said that the UK Government would consult with the devolved governments and noted that it was for the UK Parliament to decide whether to leave the EU by repealing the European Communities Act 1972.[97] In its ruling in the case brought by Gina Miller regarding the UK Government's authority to invoke Article 50, the UK Supreme Court unanimously ruled that the devolved governments did not have a veto as the convention was unenforceable in law.[98] Speaking later that week the Secretary of State for Scotland, David Mundell, said that the bill needed to invoke Article 50 would not require consent, but also said he was working under the assumption that the "Great Repeal Bill" needed to remove European legislation from UK statutes would require co-operation from the devolved bodies.[99]

Scottish Greens co-convener Patrick Harvie, on 13 March 2017 welcomed the confirmation from the First Minister that she is seeking a Section 30 Order from the UK Government to give the Scottish Parliament temporary power to call a referendum on independence.[100] This was re-affirmed in the Scottish Parliament on 29 January 2020 when the Greens voted with the government for a referendum to be held.

Scottish Socialist Party spokesman Colin Fox said the SSP would "work as hard as anyone to deliver a Yes vote for independence", but warned that making Scotland's EU membership a central and “overarching” issue of the debate would be “a risky strategy” and said it ran the risk of side-lining economic and social challenges facing Scots.[101][102]

The Scottish Independence Convention backs calls for a referendum. As a result, the Convention established Voices for Scotland as a civic campaign for independence based on conversations and discussions of what Scotland could look like. [103][104]

A few days before the 2017 General Election, Sturgeon was asked about the prospect of a third referendum if the proposed second one did not result in a vote in favour of independence.[105] She refused to rule out a third referendum within a few years, saying that, "I don't think it's right for any politician to dictate to a country what its future should be. I think that should be a choice for the people of Scotland."[105]

Alison Evison, President of the Convention of Scottish Local Authorities (COSLA) and Scottish Labour councillor for Aberdeenshire has stated her support for a referendum on independence, stating "We can strengthen it [democracy] by enabling the voice of Scotland to be heard through its formal processes and that must mean a referendum on independence"[106]

Former First Minister Alex Salmond has shown support for a further independence referendum, claiming it is inevitable but only after what he predicts will be the ‘humiliation’ of Brexit becomes apparent for a clear choice to be made.[107]

In November 2019 during the lead up to the UK general election, leader of the Conservatives and Prime Minister Boris Johnson stated that a conservative government would not permit a second independence referendum, vowing to "protect our magnificent union".[108]

Former Labour Party leader Jeremy Corbyn said in March 2017 that a referendum would be "absolutely fine" and that "I don't think it's the job of Westminster or the Labour Party to prevent people holding referenda." However, a spokesman for Corbyn later said: "Labour continues to oppose a further referendum in the Scottish Parliament and would campaign against independence if one were held."[109]

Former Liberal Democrats leader Tim Farron in March 2017, said: “Scottish Liberal Democrats stood for election last year on a platform to oppose a new independence referendum. That is what we will do."[110]

A spokesperson speaking on behalf of Cameron's successor as Conservative Party Leader and Prime Minister, Theresa May, said in October 2016: "The prime minister and the government does not believe that there is a mandate for [a second referendum]. There was one only two years ago. There was an extremely high turnout and there was a resounding result in favour of Scotland remaining in the UK."[111]

Interim Scottish Conservative leader Jackson Carlaw has stated his opposition to a referendum. He has said; "We will not support another independence referendum for a generation." and that the Scottish Government should focus on its domestic agenda. He has stated that 40 years is what he sees as the time needed between referenda.[112]

Scottish Labour leader Richard Leonard is against a referendum on independence. He has stated that Scotland should seek a new devolution settlement rather than becoming an independent country.[113] However, Leonard has said that UK Labour Party policy on independence and a referendum should be decided by the Scottish branch of the party rather than by the whole UK party. [114]

Scottish Liberal Democrats leader Willie Rennie said in March 2017, "We stood on a platform last May where we said we were against independence and against another independence referendum",[115] he also said, "No independence referendum, either at Westminster or in the Scottish Parliament – that's the view of the Liberal Democrats."[116]

Before the Scottish independence referendum in 2014, some three option opinion polls were conducted, giving respondents the option of full independence, some (undefined) form of increased devolution and the status quo. One poll of this type has been conducted since the EU membership referendum.

Since 2014, Scotland has voted both to remain within the United Kingdom and the European Union. Since the UK's vote to leave the EU, opinion polls have been conducted that asks whether voters would prefer for Scotland to become independent to remain in the EU or for Scotland to remain in the UK and leave the EU.

Notes

Edinburgh South had the highest proportion of Remain votes of any parliamentary constituency in Scotland outside of Glasgow North and Edinburgh North and Leith at the 2016 United Kingdom European Union membership referendum at 77.8% Remain 22.2% Leave.

Before the 2016 United Kingdom European Union membership referendum, there were some opinion polls conducted which asked people if they would vote for Scottish independence in the (then hypothetical) event of a "leave" vote in that referendum.

Analysis of opinion polling from early 2017 by Professor John Curtice found that around 50% of Scottish voters were opposed to the holding of a second referendum on Scottish independence, with just over a third in support of holding another referendum.[117]

A September 2017 poll by Survation gave respondents an option of when they thought a second referendum should be held. 22% said that they'd support holding a referendum before Britain leaves the European Union, 13% said around the time Britain leaves the EU, a further 13% said that a referendum should be held a few years following the UK's exit and 8% said a referendum should come after the 2021 Scottish Parliamentary elections. 37% said that a referendum should never be held on Scottish independence again, with 8% undecided.[118]

A Panelbase poll from the same month found that 17% of people thought that a referendum should be held while the UK is negotiating its exit from the European Union, 26% said that a referendum should come once the negotiations had finished, while 58% said that a referendum shouldn't be held before the United Kingdom's exit from the EU.[119]

In January 2018, YouGov found that 54% of people opposed holding a referendum in principle, compared to 36% who supported holding one. These numbers fell when asked whether a referendum should be held following Brexit negotiations, but before the UK leaves the EU, to 51% and 35% respectively. The same poll found that 36% supported holding a referendum once Britain has left the EU, compared to 47% opposed.[120]

A March 2018 poll by Ipsos Mori found that 42% of Scots supported holding a second referendum within the next three years, compared to 47% who opposed one; 8% said that they neither supported or opposed a referendum being held within this timescale. Support for a referendum was highest among sixteen to thirty-four year-olds, the unemployed, charity workers, council house dwellers and people living in the 20% of most deprived areas in Scotland. Opposition was greatest from people aged over fifty-five, retirees, homeowners and people with no formal qualifications.[121]

In 2014 a plurality (41%) of people polled in England and Wales thought that Scotland would vote to remain in the United Kingdom.[122] However, an Opinium poll carried out 28–30 June 2016 showed a marked change, with 69% believing that Scotland would vote for independence in a second referendum, with 16% believing it would vote against independence.[123]

A May 2018 poll, conducted by Panelbase, suggested that 52% of English-born English-based voters would vote to enter into a political union with Scotland if the countries were independent of each other, compared to 58% supporting a union with Wales and 43% with Northern Ireland.[124] The poll additionally found that 43% of English voters would accept Scotland leaving the United Kingdom as a result of the exit from the European Union, compared to 35% who would oppose this.[125]

Polls conducted by YouGov in July 2016 found majority support in Germany (71%), Denmark (67%), Finland (66%), Sweden (64%) and France (61%) for Scotland becoming an EU member should it become an independent state, with plurality support in EFTA member Norway (46%) and the United Kingdom as a whole (41%).[126]