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– the Political Parties, Elections and Referendums Act (PPERA) 2000 – is both incomplete and in some respects out of date.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

How long would it take to hold a second referendum on Brexit?

jess_sargent.000alan_renwick.000Meg.Russell.000 (1)With exit day less than seven months away, one of the perceived obstacles to a second Brexit referendum is time. Here, in the second in a series of posts on the mechanics of a second referendumJess Sargeant, Alan Renwick and Meg Russell discuss the constraints, concluding a new referendum could be held much more quickly than previous polls but a delay to exit day would most likely still be needed.

In order for a referendum to be held in the UK, various processes must be completed, all of which take time. Many political commentators have dismissed the possibility of a second referendum on Brexit on the basis that there is insufficient time to hold one before the UK leaves the European Union, citing the EU referendum’s 13-month timetable as evidence of its impossibility. By contrast, many proponents of a ‘People’s Vote’ have argued that time is not a problem: earlier this month Vince Cable argued that a referendum could be legislated for ‘in a matter of weeks’.

The reality lies somewhere between these two positions: while the timing is challenging, it does not present an unsurmountable obstacle to a referendum.

What is required for a referendum to be held in the UK?

  • Legislation – Primary legislation is needed to provide the legal basis for the referendum and to specify details that are not in standing legislation, including the referendum question, the franchise, the date of the referendum, and the conduct rules for the poll (although the latter two are often ultimately left to secondary legislation).
  • Question testing – The Electoral Commission has a statutory duty to assess the ‘intelligibility’ of the referendum question, a process that usually takes 12 weeks.
  • Preparation for the poll itself – The Electoral Commission and local officials need time to prepare for administering the poll and regulating campaigners. The Commission recommends that the legislation should be clear at least six months before it is due to be complied with.
  • Regulated referendum period – The UK’s referendum legislation – the Political Parties, Elections and Referendums Act (PPERA) – specifies a minimum 10-week campaign period, during which campaign regulation applies.

Continue reading