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Referendums

Referendums in the UK. What are referendums? Referendums are public votes on single issues, like (infamously) whether the UK should leave the European Union. They are relatively new to the UK and only three UK-wide referendums have ever taken place: in 1974, 2011 and 2016 (the last of which appears to have put people off the idea, at least for now!) Should the UK use referendums more? Referendums facilitate pluralism and checks and balances on different parts of the state. Referendums can undermine the traditional sovereignty of the UK Parliament — for instance, in 2016, well over half of MPs reportedly supported remain, but over half of voters voted leave and, in 2019, MPs could not agree on a single form of Brexit in the ‘indicative votes’, but the pressure of the 2016 referendum made abandoning Brexit politically impossible. So long as the UK operates under the principle of parliamentary sovereignty, the UK Parliament can (constitutionally, at least, if not politically) always be able to ignore the result of a referendum. Referendums will almost definitely see political knowledge and participation increase; empowering more people. Edmund Burke said: “[y]our representative owes you, not his industry only, but his judgment; and he betrays, instead of serving you, if he sacrifices it to your opinion”; in other words, MPs in the UK Parliament are better placed than voters in referendums to make policy decisions (perhaps especially in an age of misinformation). Referendums can legitimise decisions of the UK Parliament, particularly if a decision is seen as ‘too important’ for the UK Parliament, perhaps like constitutional issues. Referendums (historically) have only produced a yes-no answer to a single question, when in practice an issue may be more complicated than this — see, for example, Brexit and its many different forms! Referendums can be used as a “get out of jail free” card by politicians — 1974, 2011 and 2016 are all arguably examples of this.

Key UK referendums. 1973: Northern Ireland leaving the UK and joining Ireland, 58.8% turnout, 1.1% voted yes, 98.9% voted no. 1975: The UK remaining part of the European Economic Community, 64.0% turnout, 67.2% voted yes, 32.7% voted no. 1979: Introducing an assembly and executive in Scotland (this referendum uniquely required 40% of the electorate to vote in favour of devolution in order for it to go ahead), 59.0% turnout, 20.3% voted yes, 79.7% voted no. 1979: Introducing an assembly in Wales (this referendum uniquely required 40% of the electorate to vote in favour of devolution in order for it to go ahead), 59.0% turnout, 20.3% voted yes, 79.7% voted no. 1997: Introducing a parliament and executive in Scotland, 60.2% turnout, 63.5% voted yes, 36.5% voted no. 1997: Giving the Scottish Parliament tax-raising powers, 60.2% turnout, 63.5% voted yes, 36.5% voted no. 1997: Introducing an assembly in Wales, 63.7% turnout, 51.5% voted yes, 49.7% voted no. 1998: Introducing a mayor and assembly in Greater London, 34.6% turnout, 72.0% voted yes, 38.0% voted no. 1998: Supporting the Good Friday Agreement/Belfast Agreement, 81.1% turnout, 71.1% voted yes, 28.9% voted no. 2004: Introducing an assembly in the North East, 47.7% turnout, 22.1% voted yes, 77.9% voted no. 2011: Extending devolution in Wales, 35.6% turnout, 32.1% voted yes, 63.5% voted no. 2012: Introducing a directly-elected mayor in 10 local authorities (referendums on changing local authority executive arrangements are not uncommon, but these 10 were notable because they all took place on the same day and were uniquely mandated by the UK Government), one voted yes, nine voted no. 2014: Scotland leaving the UK, 84.6% turnout, 44.7% voted yes, 55.3% voted no. 2016: The UK leaving the European Union, 72.2% turnout, 48.1% voted yes, 51.9% voted no.

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