Holyrood cannot declare Scotland independent while second vote looks unlikely before 2021

In a briefing paper on the Section 30 Order, which would see powers to authorise a referendum transferred to Scotland, the House of Lords Library stated that the matter is reserved under the Scotland Act.

It notes: “Paragraph 1(b) of schedule 5 is also of note in relation to the issue of independence. It states that ‘the Union of the Kingdoms of Scotland and England’ is a reserved matter, thereby meaning that the Scottish Parliament cannot declare Scotland independent as it does not have the legislative competence to do so.”

As the UK government has said it will not discuss another referendum until after the Brexit process has been completed, a second vote would be beyond the May 2021 election.

MPs are due to consider whether there should be a debate on a petition calling for a second independence vote to be shelved.

As the petition has now received more than 220,000 votes, the Commons Petitions Committee will now have to consider it.