To: The Scottish Government

[Office of the First Minister or relevant department]

Subject: Petition to Pursue a Legal Challenge Regarding the Legitimacy of the 2014 Scottish Independence Referendum

Dear First Minister,

We, the undersigned, petition the Scottish Government to initiate a legal challenge against the UK Government regarding the legitimacy of the 2014 Scottish Independence Referendum. We believe that the democratic will of the Scottish people is now compromised due to the failure to uphold key conditions set out in the Edinburgh Agreement. This agreement was fundamental to the conduct and outcome of the referendum, and subsequent actions have altered the premise upon which Scotland made its decision.

Background and Context

The 2014 independence referendum was conducted based on a written agreement between the Scottish and UK governments, often referred to as the Edinburgh Agreement. Both parties committed to conducting the referendum in a way that respected the rights, choices, and interests of Scotland and its people. A core element of the referendum was the implication that remaining in the United Kingdom meant maintaining Scotland’s place in the European Union. This factor weighed heavily on many Scottish voters’ decision, with the understanding that independence would require renegotiating Scotland’s EU membership status.

Since the 2014 referendum, however, significant changes have fundamentally altered the basis on which the choice to remain in the Union was made. Scotland was removed from the EU against the will of its people, with 62% voting to remain in the 2016 EU referendum. This outcome not only contradicted prior assurances but has had significant implications for Scotland’s economy, legislative sovereignty, and international standing. Other unilateral actions affecting Scottish powers have since reinforced this shift, which has undermined the principles of mutual respect and trust that underpinned the Edinburgh Agreement.

Reasons for the Legal Challenge

We believe the following factors justify a formal legal examination of the referendum’s legitimacy:

 1. Breach of Agreement Terms: The Edinburgh Agreement intended to respect the Scottish people’s right to self-determination within agreed parameters, many of which have since changed or been broken by the UK Government. The removal from the EU was not anticipated or consented to by the Scottish electorate when they voted to remain in the UK.

 2. Impact on Devolved Powers: Since 2014, legislative changes have encroached upon Scotland’s devolved powers, diminishing its legislative autonomy. These changes undermine the integrity of the original agreement, reducing the scope for Scotland to act independently on vital issues affecting its people.

 3. Change in Circumstances: The fact that Scotland is no longer in the EU—a situation fundamentally different from that presented to voters in 2014—constitutes a “material change” in Scotland’s constitutional and economic position.

 4. Mandate for Reconsideration: In subsequent elections, a majority of the Scottish electorate has consistently voted for parties that advocate for independence or the right to reconsider Scotland’s constitutional future. This reflects an ongoing democratic mandate to revisit the question under current circumstances.

Requested Actions

We, therefore, respectfully urge the Scottish Government to:

 • Initiate a formal legal challenge to review the legitimacy of the 2014 referendum under current conditions.

 • Investigate whether the material changes since the Edinburgh Agreement have legally compromised the basis on which the referendum outcome was founded.

 • Advocate for the right of the Scottish people to revisit their choice under conditions that respect their rights, as originally pledged in the Edinburgh Agreement.

Scotland’s future must be determined by the Scottish people, based on an honest and legitimate foundation. Given the significant deviation from the original terms, we believe that a legal examination is not only justified but essential to uphold the democratic rights of the Scottish people.

Thank you for considering this urgent matter. We look forward to your response and to seeing the Scottish Government take the necessary steps to ensure Scotland’s right to self-determination is respected and protected.