Referendums in the United Kingdom
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Referendums (or referenda) are only occasionally held by the government of the United Kingdom. Nine referenda have been held so far (excluding referendums held under the Local Government Act 1972 - see below), the first in 1973; only one of these covered the whole UK. There is at least one planned for the future. Although few referendums have been held at national or regional level, there have been numerous referendums at local level to determine whether there is support for an elected mayor.
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[edit] Status of referendums
Referendums have traditionally been rare in the UK. Major referenda have always been on constitutionally related issues. Before Tony Blair's Labour government came to power in 1997, only four referenda had been held.
There are two types of referendum that have been held in the UK, 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 was a majority of ‘No' for a proposed law, Parliament could pass it anyway.
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/repealing legislation. However, it is unlikely many governments would attempt to reverse legislation approved by referendum as it would probably be controversial and potentially damaging to their popularity.
Finally, under the Local Government Act 1972, there is a little-known provision under which non-binding local referendums on any issue can be called by small groups of voters. 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 well-publicised it may be influential. [1]
[edit] Planned referendums
Since 1997, the Labour government has held five referendums on devolution, four of which received a yes majority. One concerning the treaty establishing a constitution for Europe is almost certain not to happen given the French and Dutch rejections of the treaty. Another, on the euro, depends on the government being willing to recommend it.
The Labour manifesto for the 1997 general election stated 'We are committed to a referendum on the voting system for the House of Commons.' [2] 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, and it is unlikely such a referendum will be held in the foreseeable future.
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.
[edit] Organisation
Until 2000, there was no body to regulate referenda. In 2000, the government set out a framework for the running of future referendums when the Political Parties, Elections and Referendums Act 2000 or PPERA was passed, giving the Electoral Commission responsibility for running referendums.
[edit] List of major referendums
- Northern Ireland referendum, 1973, on whether Northern Ireland should remain part of the United Kingdom or join the Republic of Ireland (UK)
- United Kingdom European Communities membership referendum, 1975, on whether the UK should remain part of the European Economic Community (yes)
- Scottish devolution referendum, 1979, on whether there should be a Scottish Parliament (small majority voted yes, but fell short of the 40% threshold required to enact devolution)
- Welsh devolution referendum, 1979, on whether there should be a Welsh Assembly (no)
- 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)
- Welsh devolution referendum, 1997, on whether there should be a Welsh Assembly (yes)
- London devolution referendum, 1998, on whether there should be a Mayor of London and Greater London Authority (yes)
- Northern Irish Belfast Agreement referendum, 1998, on the Good Friday Agreement (yes)
- Northern English devolution referenda, 2004, on elected regional assemblies for North East England (no), North West England (vote postponed) and Yorkshire and the Humber (vote postponed)
There are some potential referendums :
- United Kingdom European Constitution referendum
- United Kingdom euro referendum
Additionally, the Government of Wales Act 2006 can invoke further referendums in Wales on increasing the powers of the National Assembly of Wales.
Alex Salmond, the leader of the Scottish National Party has stated that a referendum on Scottish independence would be a condition for his party joining a ruling coalition in the Scottish Parliament after the general election in May 2007.
[edit] List of minor (local) referendums
Thirty-five local referendums have taken place in local authorities to establish whether there is support for directly-elected mayors. Twelve received a "Yes" majority and twenty-three a "No" majority. The highest turnout was 64% in Berwick-upon-Tweed and the lowest was 10% in Ealing. On average, the turnout was similar to that of local elections.
The majority of these were held between June 2001 and May 2002 — a further six have been held since.
Campaigns are now under way in four of the twelve local authorities with elected mayors (Doncaster, Hartlepool, Lewisham and Stoke-on-Trent) to hold referenda to abolish the posts. [3]
"Yes" majority shown in green, "No" majority shown in red.
Source: Electoral Commission; Ceredigion County Council
| Local authority | Date | Yes Votes | Yes Vote % | No Votes | No Vote % | Turnout % |
|---|---|---|---|---|---|---|
| Berwick-upon-Tweed | 7 June 2001 | 3,617 | 26 | 10,212 | 74 | 64 |
| Cheltenham | 28 June 2001 | 8,083 | 33 | 16,602 | 67 | 32 |
| Gloucester | 28 June 2001 | 7,731 | 32 | 16,317 | 68 | 31 |
| Watford | 12 July 2001 | 7,636 | 52 | 7,140 | 48 | 25 |
| Doncaster | 20 September 2001 | 35,453 | 65 | 19,398 | 35 | 25 |
| Kirklees | 4 October 2001 | 10,169 | 27 | 27,977 | 73 | 13 |
| Sunderland | 11 October 2001 | 9,375 | 43 | 12,209 | 57 | 10 |
| Brighton & Hove | 18 October 2001 | 22,724 | 38 | 37,214 | 62 | 32 |
| Hartlepool | 18 October 2001 | 10,667 | 51 | 10,294 | 49 | 34 |
| Lewisham | 18 October 2001 | 16,822 | 51 | 15,914 | 49 | 18 |
| Middlesbrough | 18 October 2001 | 29,067 | 84 | 5,422 | 16 | 34 |
| North Tyneside | 18 October 2001 | 30,262 | 58 | 22,296 | 42 | 36 |
| Sedgefield | 18 October 2001 | 10,628 | 47 | 11,869 | 53 | 33 |
| Redditch | 8 November 2001 | 7,250 | 44 | 9,198 | 56 | 28 |
| Durham | 20 November 2001 | 8,327 | 41 | 11,974 | 59 | 29 |
| Harrow | 6 December 2001 | 17,502 | 43 | 23,554 | 57 | 26 |
| Plymouth | 24 Jan 2002 | 29,559 | 41 | 42,811 | 59 | 40 |
| Harlow | 24 Jan 2002 | 5,296 | 25 | 15,490 | 75 | 25 |
| Newham | 31 Jan 2002 | 27,263 | 68 | 12,687 | 32 | 26 |
| Southwark | 31 Jan 2002 | 6,054 | 31 | 13,217 | 69 | 11 |
| West Devon | 31 Jan 2002 | 3,555 | 23 | 12,190 | 77 | 42 |
| Shepway | 31 Jan 2002 | 11,357 | 44 | 14,438 | 56 | 36 |
| Bedford | 21 Feb 2002 | 11,316 | 67 | 5,537 | 33 | 16 |
| Hackney | 2 May 2002 | 24,697 | 59 | 10,547 | 41 | 32 |
| Mansfield | 2 May 2002 | 8,973 | 55 | 7,350 | 45 | 21 |
| Newcastle-under-Lyme | 2 May 2002 | 12,912 | 44 | 16,468 | 56 | 31.5 |
| Oxford | 2 May 2002 | 14,692 | 44 | 18,686 | 56 | 34 |
| Stoke-on-Trent | 2 May 2002 | 28,601 | 58 | 20,578 | 42 | 27 |
| Corby | 1 October 2002 | 5,351 | 46 | 6239 | 54 | 31 |
| Ealing | 12 December 2002 | 9,454 | 45 | 11,655 | 55 | 10 |
| Ceredigion | 20 May 2004 | 5,308 | 27 | 14,013 | 73 | 36 |
| Isle of Wight | 5 May 2005 | 28,786 | 43.7 | 37,097 | 56.3 | 60.4 |
| Torbay | 15 July 2005 | 18,074 | 55.2 | 14,682 | 44.8 | 32.1 |
| Crewe and Nantwich | 4 May 2006 | 11,808 | 38.2 | 18,768 | 60.8 | 35.3 |
[edit] Welsh prohibition referendums
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 referenda 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 referenda was removed by the Sunday Licensing Act 2003.
[edit] Edinburgh transport referendum
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 February 22, 2005 and the people of Edinburgh had rejected the proposals. 74% voted against, 26% voted in favour and the turnout was 62%.
