PACAC’s report on the EU referendum opens important questions that deserve further attention

Yesterday, the House of Commons Public Administration and Constitutional Affairs Committee (PACAC) published a report (summarised here) on Lessons Learned from the EU Referendum. Media headlines have focused on the committee’s concerns about possible interference during the referendum campaign by cyber hackers but, as Alan Renwick writes, the report also raised other important issues that deserve further attention.

The House of Commons Public Administration and Constitutional Affairs Committee (PACAC) yesterday published a report on the conduct of last year’s EU referendum. The headlines in media reporting of this for the most part highlighted the committee’s concerns about possible interference during the referendum campaign by cyber hackers. But the MPs also draw out various other important lessons that might be learnt for any future referendums held in the UK. These deserve our careful attention.

Many of the proposals ought to be uncontroversial. The committee adds its weight to calls for extension of the so-called ‘purdah’ period – when state resources cannot be used in support of either side in the campaign – beyond the current 28 days. That would prevent any repeat of the pro-Remain leaflet that the government sent to all households last year at a cost of over £9 million to taxpayers. It would be a desirable step – though, as I suggest below, not the only necessary step – towards the creation of a level playing field in referendum campaigns.

The MPs also urge an updating of the purdah rules – written in 2000 – to reflect the realities of campaigning in the digital age. There was confusion last year as to whether those rules allowed a website promoting the government’s position that was created before the ‘purdah’ period to remain live during that period. The committee sensibly argues that his should be reviewed with a view to providing clarity.

Turning to the system for registering to vote, the committee – again very sensibly – argues for changes designed to minimise the danger of any repeat of last year’s website crash, which forced a last-minute extension of the registration deadline just days before the vote took place.

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How can referendums in the UK be improved? Lessons learned from the EU referendum

Today, the House of Commons Public Administration and Constitutional Affairs Committee (PACAC) published a report on Lessons Learned from the EU Referendum. The report touches on a variety of areas in relation to the conduct of referendums, including the role of referendums, the role of the civil service during referendum campaigns and cyber security. PACAC’s chair, Bernard Jenkin, outlines his committee’s findings, which they hope that the government will take heed of so that the country is ready for any future referendums.

Today, the Public Administration and Constitutional Affairs Committee (PACAC) has published its latest report on Lessons Learned from the EU Referendum. With Holyrood demanding a new Scottish independence referendum, it is clear that referendums have become a permanent part of the UK’s democratic system, with major implications for our system, which is based on representative democracy. PACAC’s report highlights the importance of clarity in relation to the role and purpose of referendums, and ensuring that referendums are conducted fairly and effectively.

PACAC argues that referendums are appropriate for resolving questions of key constitutional importance that cannot be resolved through the usual medium of party politics. PACAC also argues, however, that referendums are less satisfactory in the case of what might be called a ‘bluff call’ referendum when, as last June, the referendum is used by the government to try to close down an unwelcome debate. As well as a clear question, the outcome in either case must also be clear. That means there should be more clarity and planning by the government holding the referendum, so there is less of a crisis of uncertainty if they don’t get the answer they want, as in the EU referendum.

PACAC considered four other areas in relation to the conduct of referendums: the fairness of the so-called ‘purdah’ period; the administration of the referendum; the role of the civil service during a referendum campaign; and cyber security.

On purdah, the government claimed at the time that the purdah provisions would impair the functioning of government. However, these provisions were of critical importance to the fair conduct of the referendum. The purdah provisions should be strengthened and clarified for future referendums and PACAC supports the Law Commission’s proposals to consolidate the law regulating the conduct of referendums. Additionally, PACAC asserts that the purdah restrictions should be updated to reflect the digital age, and extended to cover the full ten weeks of the referendum period, as recommended by the Electoral Commission.

With regard to the administration of the referendum, the evidence gathered during PACAC’s inquiry suggests that, while not without some faults, the EU referendum was on the whole run well.  PACAC commends the Electoral Commission for the successful delivery of the referendum, which was of enormous scale and complexity.

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EVEL is unlikely to offer a sustainable solution to the West Lothian question

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Last month the House of Commons Public Administration and Constitutional Affairs Committee published a report on English votes for English laws in which significant doubts were raised about whether the new standing orders are a sustainable solution to the West Lothian question. The committee’s chair, Bernard Jenkin, outlines his committee’s findings and argues that the government should adopt a comprehensive strategy for the future of relationships between Westminster and the UK’s component parts.

At the outset of this parliament it was clear that the newly formed Public Administration and Constitutional Affairs Select Committee (PACAC), given its renewed remit in constitutional affairs, would have to look at English votes for English laws (EVEL).

The issue of Scottish MPs influence in Westminster was controversially amplified during the 2015 general election campaign, when the Conservatives focused voters’ minds on the possibility of SNP MPs holding the balance of power. During our evidence sessions, we were told of increasing dissatisfaction with the constitutional status quo in England and the anomaly whereby Scottish, Welsh and Northern Irish MPs can vote on matters affecting voters on England yet are unable to vote on these subjects as they affect their own constituents thanks to devolution.

Evidence suggests that of all the potential remedies to the ‘English question’ that have arisen from devolution, the principle of English votes for English laws commands consistent and substantial popular support, both north and south of the border. However, PACAC’s report ultimately concludes that while this may be true, we have significant doubts that the current standing orders are the right answer to the so-called West Lothian question, or that they represent a sustainable solution. They may be unlikely to survive the election of a government that cannot command a double majority of both English and UK MPs.

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