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Independence referendum bill published as Swinney urges Westminster to hand over powers

Published 16:42 28 Aug 2026 BST

Updated 16:22 28 Aug 2026 BST

Christian Buschardt
Independence referendum bill published as Swinney urges Westminster to hand over powers

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Scotland First Minister pushes Westminster to hand over powers

The Scottish government has published its draft independence referendum bill, setting out the question it wants put to voters and who would be allowed to answer it.

First Minister John Swinney called on the UK government to "respect the voice of the Scottish people and parliament and transfer the necessary powers" so the vote can be held.

The short document was released ahead of Swinney setting out his legislative plans for the year on Tuesday, according to BBC News's report on the draft independence referendum bill.

The SNP had promised to publish it within its first 100 days in government after the Scottish election in May.

What the independence referendum bill says

The proposed ballot paper would ask: "Should Scotland be an independent country?", with voters marking an "X" against Yes or No.

In line with current legislation, registered voters over the age of 16, as well as qualifying foreign nationals, would be able to take part.

A date for the vote would be added to the document once it was put before Holyrood.

The bill would only be introduced at Holyrood if the Scottish government secured approval from the UK government, which is the one thing Swinney cannot supply himself.

Why Westminster has said no

Scotland voted against becoming an independent country by 55% to 45% in 2014, and in 2022 the UK Supreme Court ruled that any further vote would require the agreement of the UK government.

Successive UK governments have opposed another referendum since 2014, and Downing Street recently said a fresh poll was "off limits".

Prime Minister Andy Burnham told Swinney the same thing when the two met in Glasgow ahead of the Commonwealth Games opening ceremony last month.

Swinney said: "The world has changed fundamentally since 2014. So has the UK, and so has Scotland."

He added: "Scotland is ready. The Scottish people are ready. It is time the UK government delivered."

He said he would have "more to say about Scotland's constitutional future in the coming weeks", adding: "Fundamentally, nobody will take better decisions about Scotland's future than the people who live here."

It is not the only constitutional headache for Downing Street this week, after Burnham said a border poll in Northern Ireland was 'off the table' on his first visit to the region.