Nicola Sturgeon (pictured this morning) said the Scottish Parliament could block Brexit taking effect in Scotland

The Scottish Parliament could block Brexit taking effect in Scotland, Nicola Sturgeon said this morning.

The First Minister said the overwhelming majority of support for remaining in the EU in Scotland meant she would ask MSPs to refuse to give their consent for cutting ties with Brussels.

As she revealed her defiant strategy for fighting the result of Thursday's historic decision to leave the EU, the Scotland Secretary David Mundell opened the door for a second referendum on Scottish independence.

He said today that a second vote on splitting from the UK would be held if there was evidence Scots wanted it.

'If people want another referendum on Indy there should be one,' he told BBC's Sunday Politics Scotland programme.

But he slapped down Ms Sturgeon's suggestion that the Scottish Parliament could block Brexit.

Earlier Ms Sturgeon, whose SNP holds 63 of Holyrood's 129 seats, told the same programme: 'The issue you are talking about is would there have to be a legislative consent motion or motions for the legislation that extricates the UK from the European Union?

'Looking at it from a logical perspective, I find it hard to believe that there wouldn't be that requirement - I suspect that the UK government will take a very different view on that and we'll have to see where that discussion ends up.'

The EU yesterday dealt a devastating blow to Nicola Sturgeon's new bid for independence - by ruling out any prospect of Scotland retaining its EU membership when Britain leaves.

The SNP leader yesterday said she is seeking 'immediate discussions' with Brussels to 'protect Scotland's place in the EU'.

But The Scottish Mail on Sunday can reveal that the European Commission, the executive body of the EU, has already ruled there is no option but the whole of the UK exiting following Thursday's shock Leave vote.

Miss Sturgeon had hoped to hold a referendum during the next two years while Brexit negotiations take place - and had wanted Scotland to simply and seamlessly remain in the EU if there was a Yes vote.

But the new ruling by Brussels dashes her hopes, by confirming that an independent Scotland would have to reapply for EU membership.

Such a move could take years and come with conditions, such as having to adopt the euro and introduce border controls with England.

The official ruling confirmed that 'part' of a member state 'cannot remain in the EU if the member state itself withdraws'.

Scotland Secretary David Mundell (pictured right alongside International Development Secretary Justine Greening) opened the door for a second referendum on Scottish independence, saying today that a second vote on splitting from the UK would be held if there was evidence Scots wanted it. Nicola Sturgeon (pictured today, left) pushed ahead with plans to hold a second independence referendum after Thursday's vote

Asked at the end of last week if an independent Scotland would be able to retain membership of the EU despite the rest of the UK opting to leave, the EC told The Scottish Mail on Sunday that the rules make it clear that Brexit applies across the whole of the UK.

An EC source said: 'Article 50 is the only legal mechanism to withdraw from the union - and this article refers to 'member states'.'

The issue of a 'partial withdrawal' of a member state was also ruled out in a briefing note sent to MEPs by the European Parliamentary Research Service.

The document, seen by The Scottish Mail on Sunday, said: 'Also discussed (by commentators) is the question of whether a 'partial withdrawal' could refer to part of the territory of a member state, and therefore the member state 'as a whole' does not withdraw but part of it 'remains' in the EU.

'It should be noted, however, that the 'part of the member state' in question would not itself be a sovereign state, and that it would never have been a formal member of the EU as a sovereign state, so it could be argued that it cannot therefore 'remain' in the EU if the member state itself withdraws.'

STURGEON ADMITS SHE HASN'T SPOKEN TO BRUSSELS Nicola Sturgeon today admitted that she has not yet contacted any Brussels officials to discuss how to safeguard Scotland's membership of the EU. The First Minister also insisted that despite the revelations made by The Scottish Mail on Sunday, there are 'no rules' which would stop Scotland remaining an EU member. Asked by Andrew Marr if she had begun negotiations with EU officials, Miss Sturgeon said: 'I will be speaking to people in Brussels over the next few days, I haven't yet done that.' She also denied that it was impossible for Scotland to stay in EU while the UK leaves, as revealed by The Scottish Mail on Sunday. 'There are no rules, there is no precedent - so my job is to get in there and seek to negotiate what is in the best interests of Scotland,' Miss Sturgeon said. The First Minister refused to discuss whether or not an independent Scotland would have to adopt the euro, saying: 'On the currency, on any other issue, I am not saying that there are not questions and challenges that Scotland would have to face up to.' Miss Sturgeon was speaking after two polls suggested that a majority of Scottish voters would now support splitting up the UK in the wake of the EU referendum result. One survey in the Sunday Post said that 59 per cent of Scots backed independence, while a Sunday Times poll found 52 per cent in favour. Advertisement

It is a devastating blow for Miss Sturgeon, who wanted to capitalise on the massive pro-Remain vote to help boost her primary cause of ending Scotland's place in the 309-year-old Union.

Only hours after it was confirmed on Friday that Britain had voted to exit the EU, Miss Sturgeon said it was a 'democratic outrage' that Scotland - where 62 per cent of voters backed Remain - would be taken out of the EU against its will.

Yesterday, she announced that the Scottish Government would begin 'immediate discussions' with Brussels about retaining Scotland's EU membership.

She also confirmed that her Cabinet, which met on a Saturday for the first time in order to discuss the Brexit vote, had approved her plan to begin drawing up legislation for a rerun of the 2014 independence referendum.

It means a second referendum is likely to be one of the key Bills in her 'programme for government' for the next year, which will be unveiled after the summer recess.

She is due in London today to try to start talks – and is expected to use consent for Brexit as a bargaining chip for Westminster to rubber stamp another Scottish independence referendum.

Miss Sturgeon told ITV’s Peston On Sunday programme that if MSPs voted for another independence referendum ‘to protect our interests … frankly it is inconceivable that a Westminster government, who have thrust this situation upon us, would seek to block that … I would seriously caution any prime minister, present or future, against doing that.’

Not all Scots voted to remain in the EU, however. Some two out of five voted for leaving, including 36 per cent of SNP supporters.

And Miss Sturgeon is expected not to risk another independence referendum until the polls consistently show 60 per cent in support of quitting the UK.

A Panelbase survey for the Sunday Times in Scotland showed that when the ‘don’t knows’ are excluded, 52 per cent of those likely to vote would back Scottish independence and 48 per cent would want to stay.

An online poll by ScotPulse for the Sunday Post put support for independence higher, with 59 per cent voting Yes and 32 per cent backing No. Miss Sturgeon has demanded immediate talks with the EU to try and secure Scotland’s place in the bloc.

But the European Commission gave a ruling suggesting ‘part’ of a member state ‘cannot remain in the EU if the member state itself withdraws’.

Last night, justice minister Dominic Raab said the ‘sensible’ thing for Scotland would be to wait and see what post-Brexit deal the EU offers Britain.

After the Brexit vote, the SNP leader Nicola Sturgeon said she was seeking 'immediate discussions' with Brussels to 'protect Scotland's place in the EU'

But The Mail on Sunday can reveal that civil servants in Brussels have already ruled that the whole of the UK must exit the EU following Thursday's shock vote. Sturgeon is pictured at Bute House, Edinburgh

Miss Sturgeon announced an advisory panel will be set up to advise her on legal, financial and diplomatic matters relating to Scotland retaining EU membership.

But its first task will now be to assess if there is any way to get around the EC's resistance to allowing a part of the UK to stay.

Miss Sturgeon said: 'In the last hours, the Scottish Cabinet has met.

'We have had a very full discussion about the result of the EU referendum, its implications for Scotland and steps we need to take in the days, weeks and months that lie ahead to protect Scotland's interests.

THE ROAD TO A SECOND SCOTTISH INDEPENDENCE REFERENDUM: WHAT MUST STURGEON DO? To stage a second referendum on Scottish independence Nicola Sturgeon (pictured) must secure agreement from the Westminster Government To stage a second vote on Scottish independence Nicola Sturgeon would have to secure agreement from the Westminster Government. This is because legislating for a referendum is a reserved power - not devolved to the Scottish Parliament. Without agreement from the UK Government, any vote held on Scottish independence would have no legal effect on the Union. The Scottish Government could decide to hold an 'advisory referendum on extending the powers of the Scottish Parliament' but the result could not be enforced. Lacking a majority, the SNP would need Green support to get a referendum through. But Ruth Davidson, the Scottish Tory leader, said a second vote would not be in Scotland's best interests. If Mrs Sturgeon went ahead with an 'advisory' vote, she could use the results as proof of the overwhelming desire for independence and demand the UK Government grant her the right to hold a legally-binding second vote on Scottish independence. In reality, despite Alex Salmond insisting the 2014 was a 'once in a lifetime' vote, Scottish voters will almost certainly be given another chance very soon in their lifetimes. The fact that all 32 authorities voted in favour of remaining in the EU means Scotland is being taken out of the EU against its will. This 'constitutional crisis' - as many have called it - is not going to go away anytime soon. Advertisement

'Cabinet expressed its pride in the vote in Scotland, the emphatic vote in Scotland, to remain in the EU. But Cabinet also shared deep disappointment in the UK-wide result, which is clearly felt by the majority of people across this country.

'As I said yesterday, a second independence referendum is clearly an option that requires to be on the table and is very much on the table. To ensure that option is a deliverable one within the required timetable, steps will be taken now to ensure that the necessary legislation is in place. Cabinet this morning formally agreed that work.'

Miss Sturgeon said she will now begin preparing legislation for an independence referendum to take place during the two-year period in which the UK negotiates its exit from the EU, which is expected to begin in around three months.

But the response from Brussels reveals that an independent Scotland would not be allowed automatically to retain its membership. It means a separate Scotland would have to negotiate its entry into the EU as a new member state.

It is believed the Scottish Government had suggested it could retain membership via a 'reverse Greenland option'. In 1982, Greenland voted to leave the EU even though its residents are Danish citizens - and Denmark remains an EU member.

But one Brussels source said: 'They are talking about a reverse Greenland, but the rule is that you cannot have a part of a territory apply for membership.'

Another said: 'The atmosphere here right now is, 'F*** the British'. They are angry and they will never be willing to let the SNP in on the same terms as the UK had. They would extract a price from an independent Scotland for membership.'

A spokesman for Miss Sturgeon said: 'I'm aware of what Article 50 says - this is why the First Minister has taken the steps she has to explore all possible avenues to protect Scotland's EU membership status.

'We are in uncharted territory, which is why the First Minister has taken the opportunity to seek all potential avenues, routes and mechanisms to try to protect Scotland's EU future.

'Exactly what that involves remains to be seen. We will explore every avenue.

'We are trying to get a fix and come to a solution on a situation which is not of our making.'

Scottish Tory MEP Ian Duncan said: 'The prospect of a partial withdrawal is unlikely to gain traction. The two regions which would most likely seek it would be Scotland and London. It is difficult to see how the EU could accommodate this request.

'It is too soon to judge the mood of the EU institutions. The next few months will be about disentangling the whole of the UK from the EU.'

Last night, the Scottish Government said its charm offensive with EU institutions will begin when Rural Economy Secretary Fergus Ewing meets EU Agriculture Commissioner Phil Hogan at the AGRIFISH Council in Luxembourg tomorrow.

SALMOND SAYS SCOTLAND WILL DEFINITELY LEAVE THE UK POST-BREXIT Alex Salmond, centre, said he believed independence was now inevitable Alex Salmond has insisted the Brexit vote means Scotland will definitely become independent. The former First Minister and SNP leader made the claim as he appeared in a special post-referendum edition of the BBC's Question Time. Asked whether he thought the decision to leave the EU would end up with the union splitting, Mr Salmond replied: 'Yes. We cannot have a country taken out of Europe against the express wishes of the majority of the Scottish people.' Business minister Anna Soubry and Labour frontbencher Diane Abbott dismissed calls for the national ballot to be re-run. Mrs Abbott also risked inflaming Labour tensions over Jeremy Corbyn's lacklustre performance in the referendum battle by insisting there were 'good progressive reasons' to come out of the EU. Advertisement

Gibraltar will be harder to protect outside the EU, admits foreign secretary Philip Hammond

Foreign Secretary Philip Hammond (pictured on ITV's Peston on Sunday show this morning) warned that Britain will find it harder to protect Gibraltar's interests outside of the EU

Gibraltar will be harder to protect when Britain officially leaves the European Union, foreign secretary Philip Hammond said today.

The enclave took part in Thursday's EU referendum as a British overseas territory within the EU, and delivered the most emphatic support of any area for continued membership, with 19,322 votes for Remain against just 823 for Leave.

A Spanish government call for 'co-sovereignty' in the wake of the dramatic result was firmly rejected by First Minister Fabian Picardo, who said: 'Gibraltar will never be Spanish, in whole, in part or at all.'

The Foreign Office has stated that the UK will 'continue to stand beside Gibraltar' and will never enter into sovereignty negotiations against the wishes of its people.

But Mr Hammond told ITV1's Peston on Sunday: 'We will be less able to protect Gibraltar's interests - not defend Gibraltar's territory, of course we can do that, but to protect Gibraltar's interests - if we are not inside the European Union.

'Gibraltar depends on thousands and thousands of Spanish workers crossing that border every day and any disruption to that flow will be extremely damaging to the Gibraltar economy and I think we saw that reflected in the huge vote to remain in Gibraltar.'

Gibraltar was ceded to Britain in 1713 in the Treaty of Utrecht. But over past decades, Spain has made various noises about taking it back, including a 2013 dispute which saw frontier checks reintroduced - causing long delays to cross-border traffic - in a row over an artificial reef.

A referendum on joint sovereignty in 2002 saw 98.48 per cent of citizens of the territory back remaining British.

In the immediate aftermath of the referendum result Europe minister David Liddington sought to reassure residents in the Rock by saying Britain will maintain its double-lock sovereignty commitment to Gibraltar.

In a message on Friday he said: 'I want to be absolutely clear. The United Kingdom will continue to stand beside Gibraltar.'

Spain has demanded shared sovereignty over Gibraltar (pictured) where more than 95 per cent voted to remain in the EU

Acting Spanish foreign minister Jose Manuel Garcia-Margallo (pictured) said he hoped 'co-sovereignty' of Gibraltar and 'the Spanish flag on the Rock' were much closer to happening in the wake of the vote

'We will never enter into arrangements under which the people of Gibraltar would pass under the sovereignty of another State against your wishes.

'Furthermore, the UK will not enter into a process of sovereignty negotiations with which Gibraltar is not content.'

Minutes after the EU referendum result was declared in the early hours of Friday morning Spain demanded shared sovereignty over Gibraltar.

The British Overseas Territory, at the entrance to the Mediterranean, relies heavily on its open border with Spain for trade.

But acting Spanish foreign minister Jose Manuel Garcia-Margallo said he hoped 'co-sovereignty' of Gibraltar and 'the Spanish flag on the Rock' were much closer to happening in the wake of the vote.

'We have been working hard on Brexit scenarios', said the Foreign Secretary, explaining that 'the instant the treaties stop applying, Gibraltar becomes a third country'.

That would lead to discussions on co-sovereignty, he said, which would be bilateral with the UK, not involving the European Union.

Gibraltar's chief minister Fabian Picardo, who shared a platform with Foreign Secretary Philip Hammond in May in support of the Remain campaign, had earlier tweeted: 'We have surpassed greater challenges. It is time for unity, for calm and for rational thinking. Together and united we will continue to prosper.'

Julie Girling, the South West England and Gibraltar Conservative MEP - who also backed Remain, said; 'I am deeply sorry that the people of the UK have chosen this leap in the dark. I believe future generations will question our wisdom.

'The EU has many faults, of course, but I remain convinced that we would be safer, stronger and better off by remaining a member.'

Worry and sadness have overwhelmed the minds and the hearts of Gibraltarians in the wake of the uncertainty produced on Gibraltar's future by the result of the EU referendum.

There is a common factor in their reactions: the management of the flow of people crossing the border to enter into Gibraltar from the Spanish side everyday, mainly commuters and tourists, as well as the general political stance of Spain regarding Gibraltar after the Spanish general elections next Sunday.

Vijay Vatvani, a Gibraltarian businessman, said: 'It's a little bit disappointing for Gibraltar since most of us wanted to remain within Europe because is better for us, it's safer, it means an easier passage into Spain, specially, and now we don't know what documents may be required to cross the border.

Gibraltar's chief minister Fabian Picardo (pictured) had earlier tweeted: 'We have surpassed greater challenges. It is time for unity, for calm and for rational thinking'

'We're still in Europe, obviously, but we don't know how much human rights since we aren't in the EC are going to be respected there.

'I don't feel angry, I understand the British position totally, I understand a lot of money have been put into the system which a lot of English residents in England didn't agree with, so I understand their position but from my point as Gibraltarian I'm very disappointed.'

Shopowner Joseph Bautista added: 'For Gibraltar is a difficult situation; we thought that Britain would remain in Europe but unfortunately it has not happened.

'Spain can creates problems to Gibraltar's future. We legally will be in Europe but the situation will change to the worst.

'I'm concerned, I'm sure everybody in Gibraltar is the same. We have to wait and see haw things develop.

Even if Britain tries very hard to protect Gibraltar there are certain circumstances which make it more difficult because now, we are out of Europe, we don't know what's going to happen.'

Gibraltar was ceded to Britain in 1713 in the Treaty of Utrecht. But over past decades Spain has made various noises about taking it back, including a 2013 dispute which saw border checks reintroduced - causing long delays - in a row over an artificial reef.

A referendum on joint sovereignty in 2002 saw 98.48 per cent of citizens of the territory back remaining British.

The Gibraltar Chamber of Commerce had also backed the Remain campaign, calling Brexit 'a leap in the dark'.

In a letter to members on Tuesday, the chamber's board said the open border with Spain had helped the territory's financial services industry develop.

It added: 'Each weekday half of Gibraltar's workforce crosses the border to get to work. Of the 12,000 people who cross the frontier, around 7,000 are Spanish and the remaining 5,000 are other Europeans. Without this open frontier many businesses in Gibraltar would not have a workforce.'

In May Mr Picardo told a news conference that Brexit supporters should reflect on the fact that a leave vote would see joint sovereignty 'back on the table'.