The House of Lords has amended the EU Referendum Bill to allow 16- and 17-year-olds to vote in the forthcoming EU referendum. The issue will now return to the Commons, but what difference would such an extension to the franchise make? Alan Renwick and Barney McCay examine the evidence.
The House of Lords yesterday voted by 293 to 211 to allow 16- and 17-year-olds to vote in the forthcoming EU referendum, meaning that the issue will return to the Commons. The Electoral Commission has said that if 16- to 18-year-olds are given the vote the referendum could be delayed by as much as 12 months. But how might it affect the referendum’s outcome? We cannot know for sure but by piecing together evidence from various sources we can develop some ballpark estimates.
How many extra electors?
The first question is how many extra eligible voters there would be if 16- and 17-year-olds entered the electorate. In 2014, there were 1,534,192 16- and 17-year-olds in the UK, while the number aged 18 or over was 50,909,098, putting 16- and 17-year-olds at 2.9 per cent of the 16+ population. The ONS estimates that this percentage will fall to 2.8 per cent by 2016.
It has now been a year since the vote on Scottish independence. Jim Gallagher considers how divisions which emerged between yes and no voters during the campaign have persisted, and the challenges this creates. He argues that Scotland now faces a different set of choices–not what country to belong to, but what sort of country it really wants to be.
Zhou Enlai is said to have quipped that 200 years was too short a time to judge the effect of the French Revolution. 12 months certainly isn’t long enough to assess the legacy of the Scottish referendum.
It was certainly an extraordinary process. For two years, Scotland talked about nothing but Scotland, and an unprecedented number of people eventually cast their vote, one way or another.
Energy and Division
The debate was extraordinary, sometimes energising, but also deeply divisive. Not just because people took opposing views. Yes voters – rationally or not – were hopeful; they wanted things to change and independence represented change. Many no voters were fearful; they had not asked to make this choice, and feared disruptive change would be forced on them.
The campaigning was unprecedented: the intensity of an election, but lasting two years. The opposing campaigns talked incessantly about Scotland, but hardly engaged with each other. The Scottish government’s doorstop of a White Paper was a partisan, not a government, publication. The relentless positivity of the yes campaign spoke primarily to the heart. Questions of economics or policy choice were airly dismissed as irrelevant, or establishment bluff. Better Together’s head was more firmly screwed on, but it’s hard to make saying no, even ‘no thanks’, sound positive. The UK government’s publications argued a case, but without much pizzazz.
Akash Paun considers the potentially transformational constitutional implications of the Smith Commission Report.
The Smith Commission report on further devolution to Scotland sets out a package of further powers that the unionist and nationalist parties have agreed should be transferred to the Scottish Parliament. Inevitably this goes too far for some and not far enough for others. The detail of the package – which includes further tax, welfare and other powers – is being pored over across the media. Less commented upon are the constitutional implications of the proposals in the report, some of which are potentially transformational.
Beyond parliamentary sovereignty?
First is a commitment to make the Scottish Parliament and Government ‘permanent institutions’. At present the devolved bodies are ‘creatures of statute’ that could – according to the convention of parliamentary sovereignty – be abolished by a simple majority at Westminster, as Margaret Thatcher’s government did when it scrapped the Greater London Council in 1986.
So the implication is that the devolved bodies will somehow be protected from normal majoritarian rules. Quite how this will be done is another matter. Simply stating on the face of a bill that something is permanent cannot prevent a future Parliament from repealing or amending the legislation. One option is to include clauses requiring a super-majority in the Commons (and/or Lords) in order to amend the legislation in future. This would be unusual and contentious – though these are unusual times. But in any case, such a clause could itself be removed by a later piece of legislation passed with a simple majority.
Federalism has rarely been seen as an attractive option by the British political class. Yet it may be the only solution to the deep imbalances which will come with radical new powers for the Scottish Parliament if the Smith Commission proposals are implemented, writes Stephen Tierney.
The Smith Commission Report issued on Thursday promises a restructuring of the United Kingdom which may prove to be more significant than the devolution settlement of 1997-98 itself; the acquisition of extensive tax and welfare powers would make Scotland one of the most autonomous regions in western Europe.
Notably the UK’s economic and fiscal coherence has hitherto been a key factor in allowing the asymmetrical and ad hoc nature of devolution to embed itself without any great disruption to the constitutional structures of the central state. With the dismantling of this system it seems that a tipping point might well be reached for our lop-sided and messy system of territorial government. The Smith Commission proposals, if implemented, will have knock-on consequences for several fundamental features of the UK constitution: parliamentary supremacy, the idea of the House of Commons as a national chamber for Britain, possibly the nature and composition of the House of Lords, and the relative freedom of the UK Government in its dealings with the devolved executives. It is perhaps ironic therefore, but I believe also inevitable, that a process which was designed studiously to avoid the federal question will now bring federalism to the table as possibly the only medium term solution to the deep imbalances which will come with further, radical powers for the Scottish Parliament.
How does Smith raise the federal question?
Federalism has rarely been seen as an attractive option by the British political class, and its feasibility as a constitutional project for Britain is certainly not beyond question. But some kind of federal solution will surely be needed to deal with two related issues: the extent to which Scotland’s representation within the House of Commons, so far only marginally affected by devolution (reduced from 72 to 59 by way of the Scotland Act 1998 as amended), will appear ever more anomalous as the Scottish Parliament’s powers expand; and the very real risk that as Scotland becomes ever more detached from Westminster, the Union will become largely irrelevant to many Scots. The latter is far more dangerous since it could well mean that Scottish independence is in the longer term now more rather than less likely. If this is true the unionist parties, which make up the majority of the Smith ‘Commission’ (which was in reality an inter-party bargaining group), risk seizing defeat from the jaws of referendum victory.
Earlier this year Alan Trench gave a lecture at the University of Ulster’s Belfast campus about what might follow the vote in the Scottish referendum. In this article, he picks out the key points.
The full speech is available on the Social Science Research Network here, or can be downloaded directly here.
Perhaps the most important and novel part of the lecture is where I map out what would follow a Yes vote – the sort of steps needed, particularly on the rUK side to tackle the many uncertainties that will follow. This is a separate issue from that of the strengths of each party in the negotiation (discussed here earlier in the week). This would call for a great deal of imaginative thinking, in the midst of a first-order constitutional crisis. In particular, it seems to me that:
- The negotiating process needs to move with all due speed, to preserve the democratic legitimacy of both rUK as well as an independent Scotland. There is no good reason for rUK to seek to prolong the process, and plenty of reasons for it not to.
- The 2015 UK General election presents grave problems for that – the time lost to campaigning in an election and briefing a possible incoming new government means it will be impossible to make a proper start in negotiations before June 2015, since even provisional agreements reached under the present government might lack support from the new one.
- One option – which appears to be gaining some support, particularly among Conservatives– is to postpone the 2015 election. But the present government has already been in office for 4½ years, and has no mandate to negotiate something so important to rUK as Scottish independence.
- A better option would therefore be to hold a general election early, before the end of 2014, so there was both certainty about the composition of the UK/rUK Government and that government had a political mandate for independence negotiations. This would need approval by a two-thirds majority in the Commons, under the Fixed-term Parliaments Act 2011.
Following Alan Renwick’s piece (posted on this blog yesterday) suggesting Scotland could buck the referendum trend and vote Yes, Robert Hazell explores reactions to increasing uncertainty over the outcome and considers the implications of a Yes vote.
The Scottish independence referendum is now two weeks away, on 18 September. With the latest YouGov poll showing the No campaign’s lead narrowing, to just 53% against 47% it suddenly looks as though there is a real possibility that Scotland might vote for independence in two weeks’ time. This has caused panic at Westminster, it has spooked the markets, and it has finally got people south of the border thinking about the consequences, for Scotland and the rest of the UK.
First, the panic at Westminster. On 4 September the Guardian ran the remarkable story ‘PM could face calls to postpone UK election if Scots vote for independence’. The argument being advanced by some Conservatives was that Westminster should postpone the next UK election by 12 months in order to avoid the unstable prospect of a Labour government dependent on Scottish MPs, who would disappear part way through the next Parliament. The Guardian reported that
‘Well placed members of the government have already started to consult the laws on postponing elections. An Act of Parliament would have to be passed, but there are complicating factors. The Fixed Term Parliaments Act of 2011, which stipulated that the next general election would take place on 7 May 2015, would have to be repealed. The House of Lords would also be able to block the legislation … One former law officer said: “Parliament can change elections, it can do what it likes. But it would be difficult.”’
The polls have been narrowing in Scotland’s independence referendum debate. Reading’s referendums expert Alan Renwick reflects here on whether the Yes campaign really could pull off an unexpected victory.
I wrote a piece for the Telegraph a couple of weeks ago pointing out that, if Scotland’s voters follow the patterns seen in most referendums around the world, they will vote No to independence on 18th September. The polls have consistently shown a lead for No. And opinion generally shifts in the direction of the status quo in the final stage of a referendum campaign.
Since then, however, the polls seem to have shown the reverse pattern: opinion seems to be shifting towards Yes, not No. So what is going on? Could Scotland really buck the trend?
The short answer to that is, yes, of course Scotland could buck the trend – it’s only a trend. While opinion generally shifts towards the status quo in the weeks before polling day, there are also exceptions. The evidence that we have so far certainly doesn’t show that Scotland definitely will buck the trend – the polls could easily shift again. Indeed, headlines about a narrowing of their lead are exactly what No campaigners need to mobilise their supporters and remind voters that this is not a game.
But what are the mechanisms at play here? Are there plausible mechanisms that could generate a shift towards Yes in these final weeks and an unexpected win for supporters of independence? Ever since I first wrote on this subject back in January, I have argued that there are two key mechanisms to consider: reversion point reversal and the anti-establishment bandwagon.