THE Supreme Court is likely to take “some months” to issue a judgment on whether Holyrood can stage Indyref2 without Westminster’s consent, its President has said.

The Scottish Judge Lord Reed said the hearings starting today were “the tip of the iceberg” and more than 8,000 pages of written material also had to be considered.

Opening proceedings this morning, he also asserted the neutrality of the court.

He said: “I should make clear is that despite the political context of this reference, the questions the court has to decide are limited to technical questions of law. 

“The court will decide them by applying legal principles.”

He also underlined the Scottish connections of the Court.

He said: “This Court has the highest court in civil matters for the whole of the UK, including Scotland. 

“It applies the law of whichever part of the UK the case comes from, including Scots law in Scottish cases.

“It draws its judges from all parts of the UK, including judges who have served for many years in the Scottish courts. 

“It is based in London that has also sat elsewhere in the UK, including Scotland.”

Nicola Sturgeon announced in June that she had asked the Scottish Government’s top law officer, the Lord Advocate Dorothy Bain KC, to refer the matter to the Court.

Ms Bain had refused to sign off a Referendum Bill the First Minister wanted to introduce at Holyrood in case it strayed beyond the parliament’s powers.

However Ms Bain did agree to referring the issue to the Court for a definitive ruling on whether the legislation could be put before MSPs. 

She has asked the justices to rule on whether Holyrood can legislate under its existing powers for a referendum asking people whether Scotland should be independent.

In particular, whether this would “relate to” the Union, an issue reserved to Westminster.

The SNP argue such a referendum does not relate to the Union, as it would only be consultative, not self-executing, and its legal effect would technically be “nil”. 

Many more steps, and much more legislation, would be needed before independence was finally achieved, the party argues.

However the UK Government says the issue has to be considered in its wider context, and the political intent of such a referendum would clearly be to break up the Union.

Ms Bain’s position is essentially that she is unsure, and so needs the Court’s view

Lord Reed explained: “This Court has a special function under the devolution legislation. 

“It is possible in some circumstances, for the Lord Advocate and opposite numbers in the other devolved governments and the UK Government to refer legal questions about devolution to this court for decision that is what the Lord Advocate has done in this case.

“But the UK government argues that that power cannot properly be used in the circumstances of this case. 

“And even if it can be used for court, in its discretion should decline to decide the question referred. 

“So the first point the court has to decide is whether the question which the Lord Advocate has referred is one which the court can and should properly answer. 

“If the Lord Advocate succeeds on that point, the court then needs to decide the answer to the question which she has referred, which in essence, is whether the powers of a Scottish Parliament enable it to legislate for a referendum on Scottish independence. 

“Finally, the court will require time after the hearing to prepare its judgement. The hearing is the tip of the iceberg. We also have more than 8000 pages of written material to consider. 

“Therefore, as usual, it's likely to be some months before we give our judgement.” 

Ms Sturgeon has said that if the Court ultimately rules that Holyrood can stage Indyref2 it will be on 19 October 2023.

If it does not, she has said she will use the next general election as a ‘de facto’ referendum on the single question of independence instead.

Ms Bain has started to present her arguments today.

Scottish Tory leader Douglas Ross said: “Whatever the outcome of the case at Scotland and the UK’s Supreme Court, it’s a disgrace that the SNP have forced this legal battle that nobody wants during a time of crisis.

“Now more than ever, all of our focus must be on what really matters to people across Scotland – tackling the global cost-of-living crisis and the record-high waiting times in Scotland’s NHS.

“The SNP government have, at the worst possible time, become distracted again by their own selfish interests, and Nicola Sturgeon is wasting precious time and money dragging the country through this court chaos.

“By pushing independence at every turn, she has driven Scotland’s two governments into a legal showdown.

“For the good of the country, she should abandon her independence obsession and finally start to govern for all of Scotland.

“It’s vital that the UK and Scottish governments get back to working together again to ensure we deliver for Scotland.”