What would be the rules for a second Brexit referendum?

jess_sargent.000alan_renwick.000download.001This week’s Labour Party conference leaves a further Brexit referendum firmly on the political agenda. In the sixth of a series of posts on the mechanics of such a vote, Jess Sargeant, Alan Renwick, and Meg Russell examine what rules and regulations should govern the referendum process, arguing that important changes are needed to facilitate a fair and transparent campaign.

If  a further referendum on Brexit is held, the rules governing how it is conducted would be of utmost importance. The UK’s standing legislation on referendums – the Political Parties, Elections and Referendums Act (PPERA) 2000 – is both incomplete and in some respects out of date. As explained in a previous post, a new referendum would require fresh legislation. This therefore needs to fill in the gaps and update the rules to reflect the realities of modern campaigning. The natural starting point would be the legislation that paved the way for the 2016 referendum – the European Union Referendum Act 2015. But even that has deficiencies. This post examines key points that new referendum legislation would need to address. It also considers non-legislative changes that could improve the referendum campaign.

The franchise: who should be able to vote in a further referendum?

The franchise for referendums in the UK is not specified in PPERA, so would need to be defined in the legislation for a further Brexit referendum. The 2016 referendum franchise included all those eligible to vote in UK parliamentary elections, plus members of the House of Lords and EU citizens resident in Gibraltar. Some proponents of a second referendum argue this should be extended to 16- and 17-year-olds and EU citizens resident in the UK.

There are good arguments for extending the franchise, and precedent for doing so: 16- and 17-year-olds and EU citizens resident in Scotland could vote in the 2014 Scottish independence referendum. But – despite attempts to change this in parliament – the 2016 EU referendum legislation did not extend the right to vote to these groups, and consistency matters. If it appeared that the result of the 2016 referendum had been overturned because the franchise had been changed, many Leave supporters would view this outcome as illegitimate. As such, the franchise for any further referendum should be the same as for the 2016 vote.

How might referendum regulation be improved?

The referendum regulations in PPERA have not been substantively amended since they were introduced 2000. Since then, five referendums have been held, and the nature of communication and campaigning has changed significantly. Continue reading

Responding to the challenges of digital democracy during Ireland’s abortion referendum

com.google.Chrome.eocx2f (1)On 25 May, Ireland voted by a two-to-one margin to allow its parliament (the Oireachtas) to change the constitution in a way that would legalise abortion. In this post, Liz Carolan discusses the role of digital media in the referendum campaign, the challenges it poses for democracy, and potential solutions to the problems she observed.

Background

When it was announced that there was to be a referendum on abortion in Ireland, not many people anticipated a landslide; I certainly did not. I had spent the previous five months trying to monitor the financial and information flows behind digital political advertising, witnessing attempts at overseas interference, disinformation campaigns, and unregistered spending. With a tight result predicted by both polls and campaigns, I thought it was naive to think that the digital campaign would not be a deciding factor.

The Irish vote had real and concrete implications at home, but there were international stakes as well. Ireland’s constitutional ban on abortion was held up by activists in the US and elsewhere as an example to be emulated. Pro-choice advocates globally were watching too, as Ireland’s vote to legalise same sex marriage in 2015 had emboldened equal marriage activists around the world.

So long before polling day, threats to the proper functioning of the referendum were evident to those of us spending time thinking about technology and democracy. The first threat was that overseas or untraceable financing would be used to try to influence the vote. The second was that deliberate disinformation campaigns could spread untruths, disparage campaigners, and polarise or isolate voters. The last was that a large amount of campaign spending could happen under the radar.

Digital advertisements are particularly interesting because they bring together money, information, and the algorithms that determine who sees what, and importantly who doesn’t. They are often only seen by those targeted with them and they are ephemeral, with the ability to appear and vanish without leaving a trace. They had been an avenue for the alleged overseas interference and deliberate disinformation campaigns during the Brexit referendum and the 2016 US presidential election.

The work of the Transparent Referendum Initiative

Looking at the ongoing investigations into these cases, it appeared that investigators and legislators alike were having challenges even knowing what had happening online during the voting period. So in February some colleagues and I launched the Transparent Referendum Initiative (TRI). We decided to build a database of as many ads as we could, to make it available to as many people as possible, in as close to real-time as possible. We did this so the ads could be exposed to scrutiny, fact-checking, and source-tracing, so that any media or regulatory response could be swift and contemporaneous, rather than retrospective. Continue reading

Implementing the recommendations of the Digital Democracy Commission: Where to now?

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Last week saw a Westminster Hall debate to discuss the report of the Speaker’s Commission on Digital Democracy. Andy Williamson argues that while concrete steps are being taken to implement some of the recommendations, greater drive will be needed to create a coherent long-term programme for the digital modernisation of Parliament.

The Speaker’s Commission on Digital Democracy has concluded leaving a rather important question hanging in the air: what happens next? The Commission had no powers, no formal authority to do anything and what remains is a question of its half-life, its ongoing influence and the ability of the former Commissioners and others to advocate for change based on their work. I felt that the Commission report had ‘the potential to set the pace for digital democratic practices for the next few years’, not least because it echoes the findings in my own research on the future of citizen engagement with parliaments, but it’s far from certain that this will happen. I’ve discussed the recommendations here but, to briefly recap, the final report gives us five key targets and 34 mostly pragmatic rather than radical recommendations:

  1. By 2020, everyone should understand what Parliament does.
  2. By 2020, Parliament should be fully interactive and digital.
  3. The newly elected House of Commons (in May 2015) should immediately create a new forum for public participation in debates.
  4. In the 2020 general election, secure online voting should be an option for all voters.
  5. By 2016, all published information and broadcast footage produced by Parliament should be freely available online in open format.

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Reflections on the Speaker’s Digital Democracy Commission report

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Cristina Leston-Bandeira looks back at a year spent considering the options for the use of digital in UK government. She highlights key lessons that emerged from the process and introduces the report published on 26 January 2015.

Last month’s launch of the report of the Speaker’s Digital Democracy Commission (DDC) marks the end of an extraordinarily interesting year for us Commissioners. The DDC was established by the Speaker of the House of Commons to explore the potential of digital technology to support a modern and inclusive parliamentary democracy. Throughout the year we have collated evidence, listened to people and organised workshops across the whole of the country from all walks of life, as well as internationally. The report reflects this. It shows the diversity of views we have received on many issues from the making of legislation to the language of parliament.

As an academic used to interacting mainly with students, other academics and parliaments (I know, a very secluded world…), it has been a truly fascinating year. To hear what people think (or more likely do not think) of parliament in so many contexts has been a true privilege. From this the main thing I retain is that for most of us parliament is indistinguishable from government; most people assume parliament is government. Although theoretically I already knew this, this past year has made this all the more patent and visible to me.

Continue reading