Referendums Flashcards
What is a referendum?
A referendum is a vote on a particular issue, usually requiring a yes/no response. It is an example of direct democracy within a representative system.
What weight do referenda carry?
There is no constitutional mechanism requiring a prime minister to hold a referendum; they are called at the discretion of the government.
Technically the result does not have legal force and it has to be approved by parliament, which has legal sovereignty. However, in practice it is highly unlikely that the country’s elected representatives would ignore the will of the people.
History of referenda in the UK?
Referendums were unknown in the UK until 1973 when voters in Northern Ireland were asked whether they wanted to stay in the UK. The first national referendum was held in June 1975, when Labour Prime Minister Harold Wilson gave the electorate a vote on whether they wanted to stay in the European Economic Community. Since the election of the New Labour government in 1997 they have become more common. Indeed, there is now an expectation that a referendum will be called when an important, possibly irreversible, constitutional change is contemplated. Major developments, such as devolution for Scotland, Wales and Northern Ireland, have been given public approval in this way. Possibly the most far-reaching change to the UK constitution in a generation, the decision to leave the European Union, would not have occurred had it been left up to parliament. The vote for ‘Brexit’ in the June 2016 referendum led directly to a change of prime minister and confronted Theresa May’s government with a hugely complex challenge, to negotiate the terms of Britain’s departure. Table 2.1 shows the growing use of referendums since 1997. Before that time, they were a rarity in the UK.
Role of electoral commission regarding elections
Since 2000 the conduct of referendums has been regulated by the Electoral Commission.
This independent body is responsible for checking the wording of the referendum question, as proposed by the government, to ensure that it is as objective as possible.
The Commission also monitors expenditure by the rival campaigning groups, and designates one approved ‘lead campaign organisation’ on each side.
Role of electoral commission in EU referendum
Since 2000 the conduct of referendums has been regulated by the Electoral Commission.
This independent body is responsible for checking the wording of the referendum question, as proposed by the government, to ensure that it is as objective as possible. In the 2016 EU referendum, the government had originally proposed to ask: ‘Should the United Kingdom remain a member of the European Union?’ The Commission considered this to be insufficiently neutral, and insisted that the ballot paper should present two options: ‘Should the United Kingdom remain a member of the European Union or leave the European Union?’ The Commission also monitors expenditure by the rival campaigning groups, and designates one approved ‘lead campaign organisation’ on each side. In the EU referendum, the official groups representing the two sides were ‘Vote Leave’ and ‘Britain Stronger in Europe’. This designation entitled them to receive a pre determined amount of püblic funding.
In what circumstances is a referendum held? (4)
•Legitimating a major government decision
•Getting a government out of a difficult situation
•A result of a deal between political parties
•In response to pressure to hold a referendum
Role of referenda in legitimating major government initiatives
Since the advent of the Blair government, it has become the accepted practice to secure a demonstration of public support before embarking important, possibly irreversible constitutional changes. The 1997 referendums on devolution Scotland and Wales, and in Northern Ireland on the 1998 Good Friday Agreement, are example
Role of refrenda in getting governments out of difficult situations
Referendums have sometimes been used when a government faces serious internal disagreement. By handing the decision to the peop and insisting that colleagues then rally behind the popular verdict, the government can main its unity. Harold Wilson held a referendum in 1975 because his party was split between pro-anti-European factions. If he had tried to insist on the government taking a particular positio he would have faced damaging resignations from ministers on the other side.
Example of referendum of result of a deal between political parties
David Cameron agreed to hold a vote on changing the electoral system for Westminster because this was a demand of the Liberal Democrats, as part of the coalition agreement establishing the government in May 2010.
Example of referendum as a result of pressure to hold one
Cameron initially did not want to hold an in/ out EU referendum. He joined forces with the Liberal Democrats and Labour in October 2011 to defeat Conservative backbenchers who were pressing for a referendum. He changed his mind in January 2013 as the demand refused to go away, and he began to fear the possible loss of Conservative voters to UKIP if he did not concede. By announcing that he would hold a referendum if re-elected in 2015, he took the issue off the agenda at the ensuing general election. After the election he had to make good his promise, resulting in defeat for the ‘Remain’ side that he had championed and bringing about his resignation as prime minister.
Difference between elections and referenda?
-Elections must be held at regular intervals by law.
In an election, voters are pronouncing on a range of different policy issues, not a single question.
-In the UK there is no legal or constitutional requirement to have a referendum - it is a political choice. Referendums are on major issues, when government needs to secure public backing or feels obliged to consult the electorate directly.
The government proposes the question, although the wording is now approved by the neutral Electoral Commission.
How many referenda since 1997 (regional and national)
10
Points for the use of referenda (5)
• Referendums involve the people directly in decision-making on important issues. In a democracy the electorate has the right to be consulted. Trust in politicians is low, and many questions are too important to leave to them. In a general election the people are expressing view on a great many policy matters. The virtue of a referendum is that it enables a single issue to be isolated, so that an unambiguous popular verdict can be given. Some issues, such as the UK’s membership of the EU, cut across party lines with pro- and anti-EU politicians in both me political parties, so a real choice cannot be given in a general election.
• Referendums are a check on what the Conservative politician, Lord Hailsham, famously called the UK’s ‘elective dictatorship’ - the idea that executive dominance of the House of Commons
gives it undue power, over which usually the electorate has control only once every 5 ears. The holding of referendums between general elections gives the people an opportunity to have their say more frequently, and prevents the government from becoming remote and unaccountable.
They prevent a government, possibly one with a small parliamentary majority, from rushing through a change without consulting the people.
• By demonstrating clear public support for a change, referendums settle arguments and entrench reforms. This is not to say that such a change could never be reversed by a future parliament, but to do so would entail another major public debate. The demonstration of support for the Scottish parliament and for the Northern Ireland peace process has helped bring stability to the new institutions created in these parts of the UK.
• Referendums raise voters’ political awareness. The Scottish referendum in September 2014, for example, has been praised for giving an opportunity to air a wide range of issues related to independence. These included the likely impact of independence on the economy, the future of the nuclear deterrent based on the River Clyde and Scotland’s relationship with the EU. All of these topics were thoroughly debated during the campaign.
• The conduct of referendums has been subject to independent supervision by the Electoral Commission since 2000. This reduces the chances that the result will be skewed as a result of unfair influence, because the expenditure of the competing sides is limited and the wording of the referendum question is subject to review by an independent body.
Points against the use of referenda (5)
• Referendums are a challenge to parliamentary sovereignty. Voters elect representatives to take decisions on their behalf and this was the accepted way of doing so until the 1970s. Ordinary people lack the expertise to make decisions on complex questions such as, for example, whether Britain should join the euro - a subject that the New Labour government declared that it would put to the popular vote if it ever recommended joining.
•If the arguments are not explained clearly to the public, popular participation may be low.
• Governments choose whether or not to call a referendum. In addition, governments sometimes hold referendums for their own political purposes, for example, to defuse opposition and was with the 2011 referendum) to overcome their own differences. There is an argument for greater regulation of the circumstances in which a referendum can be triggered.
• Low turnout has been the norm, with outstanding exceptions such as the Scottish independence referendum in 2014. This limits the legitimacy of the decision.
• The outcomes of referendums can be influenced by factors that have nothing to do with the subject being put before the electorate. They can be a way of registering a protest against the government of the day.
Examples of referendum issues not being explained well
•If the arguments are not explained clearly to the public, popular participation may be low.
This was a factor in the low turnout in the 2011 referendum on electoral reform. After the 2016 EU vote, the Electoral Commission reported that the arguments used by the leaders of both campaigns included a degree of distortion, and that there should be greater regulation of referendum campaigns to ensure that people receive a fair presentation of the arguments.
