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Referendums in the United Kingdom are by tradition extremely rare due to the principle of parliamentary sovereignty. To date, only two referendums have been held which have covered the whole of the United Kingdom, with the first being on membership of the European Economic Community in 1975 and the second on adopting the Alternative vote system in parliamentary elections in 2011.
The current Conservative government has legislated to hold a second referendum on British membership of the European Union and will be held on Thursday 23 June 2016, forty one years after the 1975 EEC referendum.[1]
The Government of the United Kingdom has also to date held ten major referendums within the constituent countries of England, Scotland, Wales and Northern Ireland on issues of devolution, sovereignty and independence, the first being the 1973 Northern Ireland border poll and the most recent being the 2014 Scottish Independence referendum.
In addition, there have also been numerous referendums held by local authorities on issues such as temperance and directly elected mayors.
Contents
Status of referendums
Major referendums have been rare in the UK, and have always been on constitutional issues. Before Tony Blair's Labour government came to power in 1997, only four such referendums had been held.
There are two types of referendum that have been held by the UK Government, pre-legislative (held before proposed legislation is passed) and post-legislative (held after legislation is passed). Referendums are not legally binding, so legally the Government can ignore the results; for example, even if the result of a pre-legislative referendum were a majority of ‘No' for a proposed law, Parliament could pass it anyway, because parliament is sovereign.
Legally, Parliament at any point in future could reverse legislation approved by referendum, because the concept of parliamentary sovereignty means no Parliament can prevent a future Parliament from amending or repealing legislation. However, reversing legislation approved by referendum would be likely to be controversial.[citation needed]
Finally, under the Local Government Act 1972, there is a provision under which non-binding local referendums on any issue can be called by small groups of voters. This power exists only for parish councils, and not larger authorities, and is commonly known as the "Parish Poll". Six local voters may call a meeting, and if ten voters or a third of the meeting (whichever is smaller) agree, the council must carry out a referendum in 14–25 days. The referendum is merely advisory, but if there is a substantial majority and the results are well-publicised, it may be influential.[2]
Planned referendums
The Labour Government of 1997-2010 held five referendums on devolution, four of which received a yes majority. One concerning the Treaty establishing a Constitution for Europe was cancelled, given the French and Dutch rejections of the treaty. Another, on whether the UK should adopt the euro, was never held.
The Labour manifesto for the 1997 general election stated 'We are committed to a referendum on the voting system for the House of Commons.'[3] Despite the research carried out by the Jenkins Commission in 1998 suggesting an AV+ system for Westminster elections, the 2001 manifesto did not make such a promise. After the inconclusive 2010 General Election the Liberal Democrats and Conservatives formed a coalition. As part of the coalition agreement, both parties formally committed to holding a referendum on changes to the electoral system. The referendum was held on 5 May 2011 and was overwhelmingly defeated.
Since the Government of Wales Act 2006 became law, there can be referendums in Wales asking the people whether the National Assembly for Wales should be given greater law making powers. The Welsh Labour Party - Plaid Cymru Coalition Government in the Welsh Assembly held such a referendum in 2011, resulting in a yes vote.
The Scottish Government held a referendum on Scottish independence on 18 September 2014. It attracted a turnout of 84.59%, the highest for any referendum held in the UK.
The Conservative Party announced that they plan to hold a referendum on whether Britain should remain in the European Union (following a renegotiation of powers between the UK & EU), in 2017. However, their Liberal Democrat coalition partners take an opposing stance so it is not Coalition Government policy. The Conservatives have attempted to pass the required legislation anyway as a Private Member's Bill (introduced by Conservative MP James Wharton), but this was not passed by the House of Lords. Following the United Kingdom general election, 2015 the Prime Minister David Cameron has committed the new Conservative government to holding the referendum [4]
Organisation
Until 2000, there was no body to regulate referendums within the United Kingdom but during that year the government led by Tony Blair set out a framework for the running of future referendums when the Political Parties, Elections and Referendums Act 2000 or PPERA was passed, creating and giving the Electoral Commission responsibility for running all future referendums.
List of major referendums
Since 1973 there have been twelve referendums held by the Government of the United Kingdom, the majority of them have been related to the issue of devolution in Northern Ireland, Scotland and Wales whilst to date only two UK-wide referendums have be held, the first held in 1975 on the United Kingdom’s continued membership of the EEC and most recently in 2011 on the alternative vote system. A third UK-wide referendum on the United Kingdom's continued membership of the European Union (EU) will be held in June 2016.
United Kingdom
- United Kingdom European Communities membership referendum, 1975, on whether the UK should remain part of the European Economic Community. (yes)
- United Kingdom Alternative Vote referendum, 2011, 5 May 2011. (no)
- United Kingdom European Union membership referendum will be held on Thursday 23 June 2016.
England
- Greater London Authority referendum, 1998, on whether there should be a Mayor of London and Greater London Authority (yes)
- North East England devolution referendum, 2004, on an elected regional assembly (no)
Northern Ireland
- Northern Ireland sovereignty referendum, 1973, on whether Northern Ireland should remain part of the United Kingdom or join the Republic of Ireland (UK)
- Northern Ireland Belfast Agreement referendum, 1998, on the Good Friday Agreement (yes)
Scotland
- Scottish devolution referendum, 1979, on whether there should be a Scottish Assembly (small majority voted yes, but fell short of the 40% threshold required to enact devolution)
- Scottish devolution referendum, 1997, Two questions: On whether there should be a Scottish Parliament (yes); On whether a Scottish Parliament should have tax varying powers (yes)
- Scottish independence referendum, 2014 on the question "Should Scotland be an independent country?", 18 September 2014. (no)
Wales
- Welsh devolution referendum, 1979, on whether there should be a Welsh Assembly (no)
- Welsh devolution referendum, 1997, on whether there should be a National Assembly for Wales (yes)
- Welsh devolution referendum, 2011, on whether the National Assembly should have increased law-making powers (yes)
Minor (local) referendums
Since 1913, local referendums have been held in England, Wales and Scotland, covering temperance, directly elected mayors and transport issues.
Elected mayors in England and Wales
Thirty-seven local referendums have taken place in local authorities to establish whether there is support for directly elected mayors. Thirteen received a "Yes" majority and twenty-four a "No" majority. The highest turnout was 64% in Berwick-upon-Tweed (held alongside the 2001 general election) and the lowest was 10% in Ealing. On average, the turnout was similar to that of local elections.
The majority of those were held between June 2001 and May 2002—a further eight have been held since.
In 2008 a reorganisation of Stoke-on-Trent's system of local government required a further referendum; this abolished the post of Mayor.
Source: Electoral Commission; Ceredigion County Council
Local authority | Date | Yes Votes | Yes Vote % | No Votes | No Vote % | Turnout % | Outcome |
---|---|---|---|---|---|---|---|
Berwick-upon-Tweed | 7 June 2001 | 3,617 | 26 | 10,212 | 74 | 64 | no |
Cheltenham | 28 June 2001 | 8,083 | 33 | 16,602 | 67 | 32 | no |
Gloucester | 28 June 2001 | 7,731 | 32 | 16,317 | 68 | 31 | no |
Watford | 12 July 2001 | 7,636 | 52 | 7,140 | 48 | 25 | yes |
Doncaster | 20 September 2001 | 35,453 | 65 | 19,398 | 35 | 25 | yes |
Kirklees | 4 October 2001 | 10,169 | 27 | 27,977 | 73 | 13 | no |
Sunderland | 11 October 2001 | 9,375 | 43 | 12,209 | 57 | 10 | no |
Brighton & Hove | 18 October 2001 | 22,724 | 38 | 37,214 | 62 | 32 | no |
Hartlepool | 18 October 2001 | 10,667 | 51 | 10,294 | 49 | 34 | yes |
Lewisham | 18 October 2001 | 16,822 | 51 | 15,914 | 49 | 18 | yes |
Middlesbrough | 18 October 2001 | 29,067 | 84 | 5,422 | 16 | 34 | yes |
North Tyneside | 18 October 2001 | 30,262 | 58 | 22,296 | 42 | 36 | yes |
Sedgefield | 18 October 2001 | 10,628 | 47 | 11,869 | 53 | 33 | no |
Redditch | 8 November 2001 | 7,250 | 44 | 9,198 | 56 | 28 | no |
Durham | 20 November 2001 | 8,327 | 41 | 11,974 | 59 | 29 | no |
Harrow | 6 December 2001 | 17,502 | 43 | 23,554 | 57 | 26 | no |
Plymouth | 24 Jan 2002 | 29,559 | 41 | 42,811 | 59 | 40 | no |
Harlow | 24 Jan 2002 | 5,296 | 25 | 15,490 | 75 | 25 | no |
Newham | 31 Jan 2002 | 27,263 | 68 | 12,687 | 32 | 26 | yes |
Southwark | 31 Jan 2002 | 6,054 | 31 | 13,217 | 69 | 11 | no |
West Devon | 31 Jan 2002 | 3,555 | 23 | 12,190 | 77 | 42 | no |
Shepway | 31 Jan 2002 | 11,357 | 44 | 14,438 | 56 | 36 | no |
Bedford | 21 Feb 2002 | 11,316 | 67 | 5,537 | 33 | 16 | yes |
Hackney | 2 May 2002 | 24,697 | 59 | 10,547 | 41 | 32 | yes |
Mansfield | 2 May 2002 | 8,973 | 55 | 7,350 | 45 | 21 | yes |
Newcastle-under-Lyme | 2 May 2002 | 12,912 | 44 | 16,468 | 56 | 31.5 | no |
Oxford | 2 May 2002 | 14,692 | 44 | 18,686 | 56 | 34 | no |
Stoke-on-Trent | 2 May 2002 | 28,601 | 58 | 20,578 | 42 | 27 | yes |
Corby | 1 October 2002 | 5,351 | 46 | 6,239 | 54 | 31 | no |
Ealing | 12 December 2002 | 9,454 | 45 | 11,655 | 55 | 10 | no |
Ceredigion | 20 May 2004 | 5,308 | 27 | 14,013 | 73 | 36 | no |
Isle of Wight | 5 May 2005 | 28,786 | 43.7 | 37,097 | 56.3 | 60.4 | no |
Torbay | 15 July 2005 | 18,074 | 55.2 | 14,682 | 44.8 | 32.1 | yes |
Crewe and Nantwich | 4 May 2006 | 11,808 | 38.2 | 18,768 | 60.8 | 35.3 | no |
Darlington | 27 Sept 2007 | 7,981 | 41.6 | 11,226 | 58.4 | 24.7 | no |
Stoke-on-Trent[5] | 23 Oct 2008 | 14,592 | 41 | 21,231 | 59 | 19.23 | no |
Tower Hamlets | 6 May 2010 | 60,758 | 60.3 | 39,857 | 39.7 | 62.1 | yes |
Salford | 26 January 2012 | 17,344 | 56.0 | 13,653 | 44.0 | 18.1 | yes |
Birmingham | 3 May 2012 | 88,085 | 42.2 | 120,611 | 57.8 | 28.35 | no |
Bradford | 3 May 2012 | 53,949 | 44.9 | 66,283 | 55.1 | 35 | no |
Bristol | 3 May 2012 | 41,032 | 53 | 35,880 | 47 | 24 | yes |
Coventry | 3 May 2012 | 22,619 | 36.4 | 39,483 | 63.6 | 26.6 | no |
Leeds | 3 May 2012 | 62,440 | 36.7 | 107,910 | 63.3 | 31 | no |
Manchester | 3 May 2012 | 42,677 | 46.8 | 48,593 | 53.2 | 25.3 | no |
Newcastle upon Tyne | 3 May 2012 | 24,630 | 38.1 | 40,089 | 61.9 | no | |
Nottingham | 3 May 2012 | 20,943 | 42.5 | 28,320 | 57.5 | 23.9 | no |
Sheffield | 3 May 2012 | 44,571 | 35.0 | 82,890 | 65.0 | no | |
Wakefield | 3 May 2012 | 27,610 | 37.8 | 45,357 | 62.2 | no | |
Copeland | 22 May 2014 | 12,671 | 69.8 | 5,489 | 30.2 | 33.9 | yes |
Prohibition referendums
The Temperance (Scotland) Act 1913 provided that polls could be held in small local areas in Scotland to determine whether to instate a level of prohibition on the purchase of alcoholic beverages; the provisions were later incorporated into the Licensing (Scotland) Act 1959. Between 1913 and 1965 1,131 such polls were held, with the vast majority (1,079) held before 1930.[6] These provisions and the local polls were abolished by the Licensing (Scotland) Act 1976.
The Sunday Closing (Wales) Act 1881 mandated that all public houses in Wales be closed on Sundays. The Act was extended to Monmouthshire in 1921. Under the terms of the Licensing Act 1961, on the application of 500 local electors, a referendum could be held in each local government area at seven-year intervals on whether that district should be "wet" or "dry" on the Sabbath. Most districts in the border area and the southern industrial area went "wet" in 1961 or 1968, with most others following suit in 1975. In 1982, the last district, Dwyfor, in western Gwynedd, went "wet" and it was thought that the influence of the Sabbatarian temperance movement had expired and few referendums were called, but surprisingly a further referendum was called in Dwyfor in 1989 and the area went "dry" for another seven years on a 9% turnout. The whole of Wales was "wet" from 1996, and the facility for further referendums was removed by the Sunday Licensing Act 2003.
Transport referendums
The City of Edinburgh Council held a postal-ballot referendum in February 2005 over whether voters supported the Council's proposed transport strategy. These plans included a congestion charge which would have required motorists to pay a fee to enter the city at certain times of the day. The result was announced on 22 February 2005 and the people of Edinburgh had rejected the proposals. 74% voted against, 26% voted in favour, and the turnout was 62%.
Parish polls
A parish poll is a referendum held in a civic parish under the Local Government Act 1972.[7] The cost of holding such polls is met by the parish council.[8]
"A poll may be demanded before the conclusion of a community meeting on any question arising at the meeting; but no poll shall be taken unless either the person presiding at the meeting consents or the poll is demanded by not less than ten, or one-third, of the local government electors present at the meeting, whichever is the less."[9]
In September 2007, villagers in East Stoke in Dorset forced a referendum, under the Local Government Act 1972, on this question: "Do You Want a Referendum on the EU Constitutional Treaty? Yes or No?" Of the 339 people who were eligible to vote, 80 voted: 72 votes for Yes and 8 votes for No. The poll was initiated by a supporter of the Eurosceptic United Kingdom Independence Party. The poll was criticised by the chairman of the parish council as "little more than a publicity stunt."[10][11]
See also
- Elections in the United Kingdom
- Parish and Community Meetings (Polls) Rules 1987
- Category:Referendums in British Overseas Territories
References
- ^ "Q&A: What Britain wants from Europe". Retrieved 12 May 2015.
- ^ "Local". .prestel.co.uk. Retrieved 2010-05-09.
- ^ "1997 Labour Party Manifesto". Labour-party.org.uk. 1999-01-01. Retrieved 2010-05-09.
- ^ "Cameron promises European Union referendum by 2017". The Irish Times. 2015-05-09.
- ^ The "Yes" column was for the option retaining the elected Mayor, the "No" option was for the option removing the position
- ^ "Temperance Polls (Hansard, 15 December 1965)". Hansard.millbanksystems.com. 1965-12-15. Retrieved 2010-12-04.
- ^ Foggo, Daniel (1 October 2000). "Parishes reject euro by overwhelming margin". The Daily Telegraph (London).
- ^ http://www.sstaffs.gov.uk/your_services/electoral_services/elections/parish_polls.aspx
- ^ http://www.legislation.gov.uk/ukpga/1972/70/schedule/12
- ^ "Villagers back EU referendum call". BBC News. 2007-09-21. Retrieved 2010-05-09.
- ^ [1] Archived 31 October 2007 at the Wayback Machine.
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