Citizens, Democracy and brexit
Key points A - H about proposals to "allow" the
electorate a vote (referendum) on the final negotiated
terms – "the deal"
Recent news, collated April/May 2018
Notes (below) are intended to be read as part of
the text of this overview
A. Support for a new "brexit" ballot growing among public and
politicians of different parties. (1, 2, 3)
B. MPs will be able to force Theresa May to accept a fresh
referendum on Brexit in a showdown vote as early as the
autumn, a minister has conceded. In a surprise admission,
Steve Baker said the crucial vote on the exit deal would not –
as expected – be a “take-it-or-leave-it” choice, because
“parliament can always seek to amend motions”. The Brexit
minister agreed a possible amendment would be for parliament
to only approve the withdrawal agreement struck with the EU
“subject to a second referendum”. See "Brexit minister reveals
how MPs can force Theresa May to accept fresh referendum. The
Independent 21 April 2018" (4a, 4b).
C. Referendum trigger: There is no legal basis nor
justification to rely on opinion poll results as a basis for
the decision to hold a ballot on "the deal". The arguments for
such a referendum are strong and therefore it should be held.
By tradition and recent practice it is Parliament's
responsibility and within its power to formulate and enact a
national referendum such as this (5, 6).
D. Scots could tip the brexit balance – here's one way
.... by supporting a new brexit referendum
"The SNP has argued that the UK Government’s EU Withdrawal
Bill amounts to a “power grab” by Westminster, but Dolan
wrote: “Without Brexit there is no ‘power grab’. We should
focus on the main event – Brexit and not on the consequences.
We should be campaigning for a second Brexit referendum. After
all 62 per cent of the Scottish electorate voted to remain in
the EU.” "(7a)
"Tactical and strategic advantages also present themselves
for Sturgeon. Given that 62% of voters in Scotland backed
Remain, fronting a campaign to demand a Brexit vote would be
popular and chime with the majority. By contrast, Sturgeon is
currently on the wrong side of public opinion on indyref 2."
(7b)
E, F, G, H: Legal and democratic aspects of "brexit"
E. Act of Parliament (year 2011) could enforce a referendum
on "the deal" for leaving EU. The 2011 ‘referendum lock’,
introduced by David Cameron, prevents any significant change
to relations with the EU without the public’s say (8a). "A new
referendum on the relations between the UK and the EU is
almost certainly required under the European Union Act 2011.
This Act created a ‘referendum lock’, which requires a
referendum before an amendment of the EU Treaties can be
ratified." (8b, 8c).
F. Article 50 application to leave EU CAN be cancelled:
brexit is NOT a one way ride without brakes or emergency exit!
This has been confirmed by senior officials of the European
Union, for example Donald Tusk.
Lord Kerr*, a former UK ambassador to the European Union,
stated in late 2017 that Brexiters in May’s cabinet were
suggesting Brexit was irreversible and thereby misleading the
public. Also he said that the UK could opt to reverse Brexit
up to the moment we leave, even if a date for the country’s
departure from European Union were added to the withdrawal
bill, as Theresa May plans.
*John Kerr, Baron Kerr of Kinlochard is a former diplomat
who drafted article 50 of the Treaty on European Union, the
article which was used to inform the EU of the UK's intention
to leave (9).
G. MP's proposals for a new referendum on the brexit terms
The members of Parliament Gareth Thomas and Geraint Davies
have in the House of Commons each put forward proposals that
before leaving the EU a referendum shall be held on the terms
negotiated for leaving. One or more similar proposals have
been made in the House of Lords. Numerous MP's amendments to
the Withdrawal from EU bill have contained proposals that a
referendum of this kind shall be held.
H. Petitions.
Citizens may put forward and vote in on-line petitions to
Parliament and Government. Petitions which attract more than
one hundred thousand endorsements ("signatures") are entitled
to receive an official written reply. The authorities are NOT
obliged to grant a request for a referendum, even if some
millions of citizens have endorsed such a proposal. Some
examples follow:
Petition: Hold a referendum on the final Brexit deal. Her
Majesty's government, in rejecting the call for a people's
ballot, wrote, "Both Houses of Parliament will have the
opportunity to vote on the final agreement reached with the EU
before it is concluded. This will be a meaningful vote which
will give MPs the choice to either accept the final agreement
or leave the EU with no agreement." https://petition.parliament.uk/petitions/200004
A related petition is entitled "Parliament's vote on the
Brexit deal must include an option to remain in the EU" and
reads, "A lesser of two evils choice between a bad deal and no
deal is not acceptable. Our country deserves better than
Hobson's choice, and our MPs should be allowed to vote with
their conscience to deliver what they believe is best for the
country." This petition passed the threshold of 100,000 voter
endorsements and therefore received a reply from the
government. A debate in Parliament about this proposal has
been announced (see date at Petition web site). https://petition.parliament.uk/petitions/205169
NOTES, REFERENCES, LINKS
1. 'People's Vote' Brexit campaign group calls for
referendum on final EU deal
Compared with other places, getting a referendum about ANY
matter of public concern is very difficult. As reported, both
the Conservative and Labour parties have ruled out a second
referendum. In some countries quite similar to ours a major
improvement over our UK democracy is that a very large number
of voters can refer a serious proposal to the whole electorate
and obtain a referendum-ballot, WITHOUT having to beg the
government to allow this. Examples: /more at http://www.iniref.org/record24.html
2. Pro-Europe Labour backbenchers are fighting to keep the
pressure on Jeremy Corbyn to reconsider his opposition to
membership of the European Economic Area, as new polling for
the People’s Vote campaign (see 3 below) confirms majority
support for a vote on the Brexit deal. 11 May 2018
https://www.theguardian.com/politics/2018/may/11/labour-backbenchers-urge-jeremy-corbyn-to-back-remaining-in-eea
3. The row over Jeremy Corbyn’s approach to Brexit has
exploded after five MPs from the party’s northern heartlands
broke ranks and openly demanded a new referendum on the UK’s
withdrawal deal. The MPs from the Northeast – which heavily
backed Leave in the 2016 referendum – said a new vote is
essential because the true nature of Brexit is only just
emerging.
https://www.independent.co.uk/news/uk/politics/labour-brexit-latest-jeremy-corbyn-eu-referendum-uk-mps-a8343746.html
4a. Brexit minister reveals how MPs can force Theresa May
to accept fresh referendum https://www.independent.co.uk/news/uk/politics/brexit-second-referendum-eu-vote-theresa-may-mps-minister-steve-baker-a8313111.html
4b. Editorial, The Independent 21 April 2018
"Credit, therefore, is due to Steve Baker, minister of
state at the Department for Exiting the European Union. As we
report today, when he found himself before a House of Lords
select committee this week he conceded, without any
thumbscrews or bright lights, the possibility of a fresh
referendum on the terms of our departure from the EU. (...)
Indeed, Mr Baker was helpful enough to suggest that a vote on
the deal would need to be held as soon as possible after the
conclusion of talks with Brussels in the autumn. That would
allow MPs to pass legislation for a referendum before the
leaving date of 29 March 2019." http://www.independent.co.uk/voices/editorials/second-referendum-brexit-minister-steve-baker-a8315826.html
5. Many millions of UK citizens want to decide in a
referendum about the "brexit" terms (Spring 2018, much
evidence from opinion surveys) but we have been deprived of
our democratic right to launch this sort of public-issue
ballot. http://www.iniref.org/record25.html
6. Are voters changing their minds about brexit? John
Curtice (Prof), public opinion ace, struggles in his analysis
concerning the question, "is there any consistent evidence
that support for having another referendum has increased?" https://whatukthinks.org/eu/are-voters-changing-their-minds-about-brexit/
7a. Paul Hutcheon: backing a Brexit referendum could get
the SNP off the constitutional hook 6 5 2018
http://www.heraldscotland.com/news/16207866.Sturgeon_told__Put_new_EU_vote_before_independence/
The SNP has argued that the UK Government’s EU Withdrawal
Bill amounts to a “power grab” by Westminster, but Dolan
wrote: “Without Brexit there is no ‘power grab’. We should
focus on the main event – Brexit and not on the consequences.
We should be campaigning for a second Brexit referendum. After
all 62 per cent of the Scottish electorate voted to remain in
the EU.”
7b. Sturgeon told: Put new EU vote before independence 7 5
2018
http://www.heraldscotland.com/opinion/16207858.Paul_Hutcheon__backing_a_Brexit_referendum_could_get_the_SNP_off_the_constitutional_hook/
"Tactical and strategic advantages also present themselves
for Sturgeon. Given that 62% of voters in Scotland backed
Remain, fronting a campaign to demand a Brexit vote would be
popular and chime with the majority. By contrast, Sturgeon is
currently on the wrong side of public opinion on indyref 2."
8a. Brexit: Second referendum required before Britain can
leave the EU, legal challenge claims.
"The 2011 ‘referendum lock’, introduced by David Cameron,
prevents any significant change to relations with the EU
without the public’s say. ... Dominic Grieve, the former Tory
Attorney General, said the case ‘raises an important
constitutional issue’. ... The law requires a further
referendum before Brexit can go ahead, say campaigners who are
mounting a legal challenge to slam the brakes on the UK’s
withdrawal from the European Union." Saturday 10 March 2018 https://www.independent.co.uk/news/uk/politics/brexit-latest-second-referendum-lock-legal-challenge-david-cameron-dominic-grieve-a8250266.html
8b. Pavlos Eleftheriadis 6 July 2016 Second referendum
probably legally required. https://infacts.org/second-referendum-probably-legally-required/
8c. Mark Elliott. Does the law require a second referendum
before Brexit takes effect? https://publiclawforeveryone.com/2017/05/02/does-existing-legislation-require-a-second-referendum-before-brexit-takes-effect/
9. Brexit is reversible even after date is set, says
author of article 50 https://www.theguardian.com/politics/2017/nov/10/brexit-date-is-not-irreversible-says-man-who-wrote-article-50-lord-kerr
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Psycho-Social and Medical Research PSAMRA ~ Integral Studies
Guildford and Berlin
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