Two years on from the Brexit vote, the benefits of a second referendum are being hotly debated. In this post, Jess Sargeant, Alan Renwick and Meg Russell identify seven questions that should be considered before parliament decides whether a second Brexit referendum will take place.
Last week a Sky poll suggested that 50% of the public would favour a three-way referendum on the UK’s future relationship with the EU. This follows calls from key figures including Justine Greening, Dominic Grieve, and Tony Blair, as well as a campaign launched by The Independent for the public to be allowed a vote on the final deal. Number 10 has categorically rejected these calls, stating that there will be no further referendum on Brexit ‘in any circumstances’. Nonetheless, talk of a second referendum is likely to continue. Whether you are a supporter or an opponent of that proposal, there are some big important questions about the practicalities of such a referendum that need to be explored. This post sets out some of the most crucial questions. In further posts over the coming weeks, we will begin to explore some of the answers.
1. Would it be possible to hold a referendum in the time available?
To hold a referendum in the UK, parliament must first pass primary legislation, which clearly takes time. To complicate matters, during the bill’s passage through parliament, the Electoral Commission must assess the ‘intelligibility’ of the proposed referendum question – which usually takes ten weeks. There are then other key steps after the bill has received royal assent. The Electoral Commission and the local authorities that must run the poll need sufficient time to prepare. Campaigners on both sides must be designated, and the current legislative framework – the Political Parties, Elections and Referendums Act 2000 (PPERA) – sets out a ten-week regulated campaign period.
The time taken to go through these steps in actual referendums has varied. The legislation for the 2016 EU referendum was introduced 13 months before polling day. For the 2011 AV referendum this was nine and a half months, with only 11 weeks between royal assent and the poll. If the UK is to leave the EU on 29 March 2019 (exit day), such long timescales clearly are not feasible. A big question is therefore, in the current exceptional circumstances, whether the time needed for each step can be compressed – and if so, by how much and with what consequences? For a new referendum to have public legitimacy, these are crucial questions demanding careful answers. Continue reading