The Constitution Unit Blog

Menu

Skip to content
  • Home
  • Constitutional Standards and the Health of Democracy
  • Brexit
  • Parliament
  • Elections and referendums
  • Democratic Engagement and Citizens’ Assemblies
  • Government
  • Devolution
  • Events
  • Other themes
    • Judiciary and human rights
    • Parties and politicians
    • Constitutions and constitution making
    • Freedom of information
    • Monarchy, church and state
  • About the Constitution Unit
  • Copyright

Tag Archives: Michael Russell

Scotland’s plans for doing referendums better: an assessment

Posted on June 25, 2019 by The Constitution Unit

alan.jfif (1)Scotland’s First Minister, Nicola Sturgeon, recently announced plans for new rules on referendums and for a citizens’ assembly on Scotland’s constitutional future. Drawing on his recent research, Alan Renwick assesses the proposals. He argues that they are useful first steps towards enhanced democratic practice, and he urges all sides to engage constructively in strengthening them further.

The Scottish Government has recently proposed two important constitutional innovations. First, it has introduced a bill designed to regulate the conduct of any future referendum called by the Scottish Parliament. Second, it has announced a citizens’ assembly to encourage constructive public discussion of Scotland’s constitutional future. Opposition parties may be wary of these proposals, seeing them through the lens of the debate for and against Scottish independence. But the proposals deserve to be assessed on their own merits. Whatever our view of independence, no one can deny that active debate on this question exists. It is in everyone’s interests that that debate be conducted fairly and honestly.

Much of my recent work at the Constitution Unit is relevant to the proposals. In conjunction with the Independent Commission on Referendums and the Council of Europe, I have examined the principles and rules that should shape referendum conduct. In the Citizens’ Assembly on Brexit, my colleagues and I considered how such deliberative institutions can best be designed and operated. My recent report with Michela Palese on Doing Democracy Better explores ways of fostering better information and discussion during referendum campaigns. In what follows, I draw on these projects – as well as the work of the Electoral Commission and others – to assess the Scottish government’s proposals and consider what further steps may need still to be taken.

Referendums Bill – an important step forward…

The Referendums (Scotland) Bill was introduced in the Scottish Parliament by Cabinet Secretary Mike Russell on 28 May. It does not call any referendum. Rather, it is intended to provide the framework for any future referendum that might be called by the Scottish Parliament on any matter. It covers the rules for triggering such a vote, conducting the campaign, and running the poll itself.

The mere fact of establishing a standing framework of referendum rules is a welcome step forward. Scotland currently has no such framework, meaning that all the rules have to be created afresh when a referendum is called. That is in contrast to the UK as a whole, where referendum rules were established by the Political Parties, Elections, and Referendums Act (PPERA) 2000. The danger created by having no standing framework is that the rules can be manipulated by those in power to enhance their chances in a particular vote. Last year’s Independent Commission on Referendums suggested that Scotland might introduce such a law. The change also fits with the principle that basic referendum rules should be settled well before any actual vote. This is enshrined in the Code of Good Practice on Referendums produced by the Council of Europe’s legal wing, the Venice Commission, and was endorsed earlier this year by the Parliamentary Assembly of the Council of Europe. Continue reading →

Posted in Devolution, Elections and referendums, Public Engagement and Policy Making | Tagged 2016 EU referendum, Alan Renwick, citizens' assemblies, citizens' assembly, Citizens' Assembly on Brexit, Code of Good Practice on Referendums, confirmatory referendum, confirmatory vote, Council of Europe, Doing Democracy Better, Electoral Commission, Independent Commission on Referendums, Michael Russell, Michela Palese, Mike Russell, Nicola Sturgeon, Parliamentary Assembly of the Council of Europe, Political Parties Elections and Referendums Act, PPERA, referendums, Referendums (Scotland) Bill, Scottish government, Scottish Independence, Scottish independence referendum, scottish parliament, Second Scottish independence referendum, secondary legislation, SNP, Venice Commission

Monitor 81: Johnson falls; what’s next for the constitution?

What Kind of Democracy do we Want?

Taking Back Control

A picture of the front page of the Unit's report, Taking back control: why the House of Commons should govern its own time, including a picture of a clock

Enter your e-mail address to follow this blog and receive notifications of new posts by e-mail.

Join 2,498 other followers

Unit Mailing List: Sign up to receive notifications of of our events, newsletter and publications

Link to Join the Unit's Mailing list
Blog at WordPress.com.
  • Follow Following
    • The Constitution Unit Blog
    • Join 2,498 other followers
    • Already have a WordPress.com account? Log in now.
    • The Constitution Unit Blog
    • Customize
    • Follow Following
    • Sign up
    • Log in
    • Report this content
    • View site in Reader
    • Manage subscriptions
    • Collapse this bar
 

Loading Comments...