Democracy Unlock Exists to Put Power in Democracythe Hands of the People

Deliberating on the EU Leave A50 UK

A report from Unlock Democracy’s 2016 EU referendum project run in association with: Unlock Democracy contents

Introduction...... 3

Structure...... 4

Standpoints...... 5

Key Arguments...... 6

Comments & Feedback ...... 9

Divide and Conquer? The UK’s experience with referendums. . . . . 11

EU project coordinator and report author: Frances Foley

Essay author: James Graham

Director: Alexandra Runswick

Thanks to Talkshop for their help with this project.

We are grateful to the James Madison Charitable Trust for their support of this project.

Unlock Democracy Unlock exists to put power in Democracythe hands of the people. We believe that Unlock Democracy, Fifth Floor, 9 King Street, London EC2V 8EA Tel 020 7278 4443 a vibrant, inclusive Email info@unlockdemocracy .org .uk Website www .unlockdemocracy .org uk. democracy makes everyone’s Company Number 244089 lives better. This work is licensed under the Creative Commons Attribution- NonCommercial 2 .0 License . To view a copy of this license, visit www . creativecommons .org/licenses/by-nc/2 .0/uk or contact us at the address above . Introduction

Unlock Democracy’s Europe project gave UK voters a fresh way to approach a complex political issue; the question of EU membership . Many participants in the project were coming to the topic for the first time with plenty of uncertainty, questions and doubts . They wanted to get to grips with the issues, find out information, hear from people with similar and with different views, and reach an informed decision . However, this was all set against a backdrop of intense campaigns from all the course of the day, Talk Shop held a sides, and a deeply divided public . In many number of smaller events, which tested their incidents, this campaigning was judged approach, in order to improve and adapt by participants to be brash, deceptive and it to the numbers, space and focus of the unhelpful . They were also bored of hearing discussion . On the back of Talk Shop’s the same voices in the debate, on TV, the work, we adjusted the events in Leeds and radio and in panel discussions, and they Birmingham, taking stock of what worked and wanted to get a sense of what their fellow what didn’t, and how we could better fulfil the citizens made of it . expectations and needs of those who took part . We therefore adjusted each event based It was therefore the aim of Unlock Democracy on our experiences elsewhere . to create a setting in which this many-layered political issue could be explored in an open, We thought hard about the location of the participatory and inclusive way . With the need events . Leeds and Birmingham seemed to foster a better democratic dialogue at the good choices: both large, diverse cities, forefront of the project, the events would each with their own unique history and be both engaging and accessible, striking a culture, where there seemed to be a real balance between input and discussion . The appetite for this kind of conversation . We EU In or Out series should encourage and chose central, prominent and accessible enable the exchange of ideas, but also help venues to allow for small and large group to contribute to people’s understanding of discussion . We promoted the events to all the EU in substantive terms . For this reason, kinds of organisations - community hubs, we designed a format which emphasised political campaigning groups, charities and participation, rather than an expert-based local institutions - to try to gather people approach . from across the city, with a range of political views . The events were promoted as Unlock Democracy joined forces with Talk “something different” - a hands-on exercise Shop, a facilitation team who were creating in deliberative dialogue, rather than another an active approach to promote political panel discussion - and a chance to make up engagement with these big questions . Over your own mind . Structure

The basic structure of the events were as follows:

Welcome, introduction and speaker on the referendum: in both cases, this was an academic with knowledge of the EU, who explored the historical significance, the primary arguments on both sides, the potential consequences of the vote and the future of Britain’s relationship with the EU .

Standpoint: we asked those who attended the event to place themselves on the spectrum:

Strong Slight Undecided Slight Strong Remain Remain Leave Leave

Round 1 - Discussion on position: participants separated themselves into different groups, depending on their position in the scale .These groups then collected what they thought were the most convincing arguments for their position for around 30 minutes, before presenting them in 2-3 minute presentations to the full group .

Selecting themes for Round 2: based on the presentations, participants were asked to determine which topics they would most like to debate further . We first drew out the recurrent themes in the presentations, before submitting these to the group, asking for other submissions, and finally asking them to select which they would be most interested in discussing in the next round .

Round 2 - Thematic focus: the participants then discussed the topic from a thematic perspective, with topics decided by group vote . This resulted in a mix of Leavers and Remainers in each theme group . The discussion was followed by 2-3 minute presentations from all groups .

Final standpoint, feedback and final reflections: following this exercise, we gave participants time to complete their own personal scorecard and asked them for their final thoughts on the format, style and content of the event . We also invited them to re-position themselves on the scale, to see whether and in what way people had changed their opinion .

4 | Deliberating on the EU Standpoints

Leeds

40 Start 30 End

0 Strong Slight Undecided Slight Leave Strong Remain Remain Leave

Birmingham

50 45 40 35 30

25 Start 20 End 15 10 5 0 Strong Slight Undecided Slight Leave Strong Remain Remain Leave

Note: after the first temperature check, 4 more people arrived, which affected final numbers.

Deliberating on the EU | 5 Key arguments

At both events, the Leave arguments centered around some major themes: trade; immigration; democracy and accountability; and national identity . The leave groups cited the EU’s lack of transparency as a key factor moulding their opinion of the EU and made the point that we know and, significantly, can depose, the chief decision makers in our national political system . They were concerned about the EU’s bureaucracy, perceiving the EU to be distant and aloof, and immune from public - reinforced the need for solutions which opinion . Leave groups spoke of the need for transcended national borders . a united political citizenry to make up the electorate, something which they believed Moreover, the pro-EU side tended to take the was lacking in Europe . topics suggested by Leave in a more positive light; for them, the opportunity to live and These participants were altogether more work in other countries enabled intercultural optimistic than the Remainers about the UK’s understanding, helped the formation of outlook post-Brexit: they believed that after identity and produced positive relations a period of adjustment we would see trade amongst EU citizens . The Remain tables increase to non-EU regions and we would were chiefly worried that these advantages create better diplomatic and cultural ties with of EU membership would be endangered by countries beyond the EU . They even believed leaving . Questions of international status and that the UK would replicate its own version influence were also explored . of many EU regulations and laws which benefitted workers . Top issues

The groups who lent more towards remaining In Leeds, participants chose to discuss the also framed their case around key principles: following themes: equality; democracy; stability; peace and security; international workers’ rights; and the power of global collaboration; human rights; and freedom . corporations . They argued that a vote for EU membership would guarantee a much higher level of Birmingham opted for: economic stability and political and economic stability, both in the trade; democracy, transparency; immigration; long and short term, being part of a larger identity and culture . community from which to draw ideas and new strategies for complex global problems . It then was up to individuals which group The international nature of certain key to join; here, they debated both Leave and challenges - climate change, corporate Remain arguments under each heading . takeover bids, terrorism, the refugee crisis

6 | Deliberating on the EU Democracy

Leave argument: the EU suffers from Remain argument: we can recognise that a democratic deficit, and EU bodies are there are problems, but leaving will not solve unaccountable and elitist . Firstly, we cannot these . Instead, Britain can be strong voice directly do away with the members of the for reform within the EU and work on long Commission, the most influential organ term renewal . Indeed, the prevailing opinion in the EU . Those who we can vote for, across the continent seems to be that the the members of the EU parliament, have EU needs to improve in these respects . But very little power: MEPs cannot propose the EU has also set out a strong democratic or repeal legislation and they are not held framework, for incidence, proportional accountable like local MPs; further, they representation for the European Parliament have no influence over which topics are and our elected members of parliament . debated in the European Parliament . More recently, changes in the roles have tended to give more power to unelected bodies and reduce accountability . There is no filming of Parliament and no openly available minutes taken of EU Commission or Eurogroup meeting, which makes it hard to hold them to account .

European regulations

Leave argument: there is a high cost Remain argument: the EU ensures that of strict regulations for firms, especially workers’ rights are observed and deters the smaller local businesses, which often judge race to the bottom of employers offering EU regulations to be overly complicated ever lower wages and poorer conditions . and cumbersome . This hinders innovative The EU has passed progressive and practices and discourages risk-taking, which permanent legislation on paid leave, working could be good for business . hours, maternity and paternity leave, fair and equal pay, protection against abuse and fundamental employees’ rights . Identity and culture

Leave argument: a unique sense of Remain argument: as humans, we have national identity can be positive - examples multiple levels of identity and can definitely of this are clear in Ireland and Scotland . embrace a European layer . Moreover, A national identity is important to create a immigrants contribute a huge amount to cohesive democratic and political populace . regional culture and identity, and enrich our The EU contains very varied countries, national conversation . In fact, European and Britain is particularly unique, having nations do have a common culture and always sat geographically outside Europe, collective history which binds us together and through its identity as an island . and protects us against globalisation, Furthermore, having more control of our helping us keep a sense of our identity . national borders might lead to a more socially cohesive society and mean that Both sides noted that we all need an those who do come to Britain can integrate identity, that identities can exist on several in to life here more easily, as we could levels, and that, through the EU, we are oversee the pace of change in different faced with the notion of a shared European regions across the country . identity .

Deliberating on the EU | 7 Immigration

Leave argument: exiting the EU would Remain argument: the social and economic give us back the freedom to decide our contribution made by those who come to own immigration policy . At present, this country cannot be denied - we should immigration results in cultural alienation defend our multicultural society and speak and fragmentation in many parts of the out for the economic and cultural benefits country . We also suffer from a loss of migrants bring to the UK . Moreover, the expertise to overseas, as some of our best freedom to move elsewhere is for everyone thinkers depart for the EU . Immigration can in the EU, and many thousands of Britons also exacerbate inequitable allocation of take up this offer . resources, which undermines infrastructural capacity and erodes social cohesion .

Stability

Leave argument: instability would be Remain argument: leaving would produce temporary and, in the long run, the risk instability . This is the consensus of many will be worth it, enabling us to make better economics experts and institutions; whilst it judgements on our trade agreements . is not clear how long this will last, why risk the security and many benefits we have now within a prosperous economic community? Trade

Leave argument: a break from the EU Remain argument: the European single would allow the UK to look beyond Europe market remains the largest single tariff to develop better trading relations with trading region and brings huge benefits non-EU members, which might in the long- to the UK . It was unclear whether term prove beneficial for the UK’s economic Europe would continue to trade on such standing . Moreover, EU members would not advantageous terms following the UK be in a hurry to break ties with such a strong leaving the EU . Moreover, if Britain left trading partner, and would likely reach out to the EU but remained part of this market, the UK following Brexit . we would no longer have any influence over how it was regulated or governed . Furthermore, it was not yet evident that Britain would be in a strong bargaining position to negotiate good trade relationships with other parts of the world .

8 | Deliberating on the EU Comments & Feedback

37% 63% 72% 28% 72% 28%

Enjoyable Safe Constructive Very Enjoyable Very Safe Very Constructive

What worked: “Good discussion and openness” “Structure and animation” “Well-organised, constructive debate” “Lots of opportunity to express your opinion - “Format worked well, flexible enough to very participatory” adapt” “Good, fair moderation; good to have experts “Good to have an EU expert on hand” attending; group discussions” “It was important seeing the other point of “I was able to clear up knowledge I was not view” sure of” “Sharing of ideas of different shades of “Forming and re-arranging discussion opinion” groups” “Open discussion between all” “Timed debates- discipline for ideas” “Different tasks - didn’t get bored” “People willing to listen to one another - space to exchange ideas” “Overall worked well” “The speaker’s talk was good” “Safety was an important aspect for me” “No one dominated, because of good “Discussion on both sides” facilitators” “Group discussions and participation”

How it could be improved: “Expected a bit of initial presentation of facts” “More facts/details provided at the start” “Issues of leavers seemed less discussed, “Extra figures included into the discussion” due to being outnumbered a bit” “Discussion difficult to even out and keep “Round 1 should have been shorter” without time limits” “Perhaps the introduction of more statistics “Might have been useful to have some way of to help aid the arguments” checking the facts during the discussions “More experts” “More time for the event””

Deliberating on the EU | 9 A facilitator: A participant:

In the run up to the EU Referendum, Talk I took part in the event in Birmingham right Shop organized a series of discussions with before the referendum . It was a great insight a variety of partners in ten locations across into the situation and a 360 degree view on England involving more than 200 people . The opinions regarding the arguments in favour outcome is a tried and tested format that and against leaving the EU . enables people to get to grips with complex issues – and to enjoy doing it . The essence At the event, which was open to all, I met is impartial presentation of the issues and people from different backgrounds . I think a style of facilitation that promotes active the group work where everybody had a say participation and listening as well as respect and was acknowledged in their opinion or in for others’ views . This is an approach that their search for more information was very we plan to apply to a range of issues over valuable . Even I, as someone who is not the coming year including immigration, citizen of the UK, was respected and valued democracy in crisis and a fair economy . and encouraged to share my view with the group . I think I gained a better understanding “Arguing the case for leaving helped me of the other side of the argument . realise that people who take that view, especially because of immigration, may The events from Unlock Democracy gather have thought it through, rather than simply people together with different opinions who absorbing messages from the media .” That would not otherwise encounter each other - was John, a participant in the Talk Shop this helps develop a dialogue and respect for event on the EU referendum run by the WEA others which do not share the same opinion . in Liverpool . (Or, as the philosopher Kant Looking at the distribution of opinions at the put it, to reason publicly is to “think from beginning and the end of the event, there was the standpoint of everyone else .”) And this little change . But I gained more certainty and was one of the themes that came up in the information for why I hold the position I do . feedback from all ten Talk Shop events on the EU . Another was frustration with our At first glance, the event appeared not as inability to sort out truth from fantasy in the helpful to people who were undecided in statements made by both sides of the debate . coming to a clear opinion on the topic, Given the scale of the operation to mislead, because in the end they did not end up at one that was a big challenge but one that we or the other end of the spectrum of remain or recognise has to be tackled more effectively leave voters . They hoped to reach a decision in any future events . after one day but I think it is in fact a strength of this type of event that this was not the case . This is because the Unlock Democracy event gave room for both sides and did not simplify the complexity of the topic . Therefore everyone realised that there are many reasons for both their own and the opposite opinion, but in the end, your own principles and beliefs will help you decide your final stance .

It was a great experience and I am happy I took part in that event which gave me space to share and develop my position .

10 | Deliberating on the EU Divide and Conquer? The UK’s experience with referendums

Over a relatively short space of time, the UK the public felt uninformed on the issues1 . In has gone from a nation which disdained the common with the 2014 Scottish referendum use of referendums to one which regularly however, participation was high, and the uses them as a decision-making tool . The result has served more as a punctuation mark referendums in Scotland and Wales in 1997 than as an end to the debate . While it remains for a parliament and national assembly re- to be seen how it will play out, it is certainly spectively heralded a significant increase in the most divisive issue to dominate UK poli- the use of referendums at a local authority tics since the Poll Tax; you arguably have to level, mostly on whether to introduce directly- go back as far as the 1909 “People’s Budget” elected mayors . More recently, we have seen before reaching a period when the public was a referendum in Wales over powers of the quite as divided and bad tempered on a fun- Welsh assembly in 2011, Scotland over in- damental issue such as this . dependence in 2014, and now two UK-wide Not all of this ill-temper can be put down referendums: on whether to change the vot- to the referendum campaign . This referendum ing system in 2011, and on whether to leave was also unique because the UK government the EU in 2016 . had absolutely no plan for what might happen This experience has been mixed . In fact, in the event of a Leave vote . The 2011 refer- these four referendums tell four very differ- endums were both over very specific policies ent stories . The 2011 Welsh referendum was and the outcome was clear either way . In the met with a significant amount of public disen- case of 2014 independence referendum, the gagement, but the issue was largely uncon- Scottish government had published specific tested and the proposal was mostly waved proposals for what it would do in the event of through . The AV referendum similarly failed to a “yes” vote . By contrast, in the case of the capture the public imagination, but was much EU referendum, the UK government neither more strongly contested and the result was desired or expected a Leave vote; its primary a highly negative, vituperative and personal response to the result was to simply collapse, campaign that bore little resemblance to the with the Prime Minister resigning that morn- question on the ballot paper . ing . There was far more public engagement For a government to do this - essentially in Scottish independence referendum and the to light a fuse connected to a pile of fireworks significantly longer campaign was relatively and hope for someone else to stamp it out well informed . Nonetheless, it was also quite vituperative at times, especially online, and 1 Only 33% said they were well informed or very well the final close result has not ended the de- informed a week before polling day (17 June, BMG/ bate over Scottish independence . Electoral Reform Society) . The Electoral Commis- sion’s post-referendum poll paints a rosier picture, The EU referendum this year tells yet but even it found that only 45% felt they knew another story . Like the 2011 referendums, the enough about what would happen in the event of a actual campaign period was very short, and Leave vote (24 June-14 July, BMG/Electoral Com- mission) . Deliberating on the EU | 11 - was the height of irresponsibility . In David continue under whatever model of transna- Cameron’s defense however, he did so in the tional governance we end up adopting post- context of previous governments promising Brexit. If we leave the EU only to find our and then abandoning referendums on the laws subject to, and economy dependent on, vexed issue of the European Union for 20 another political arrangement about which the years . Neither Labour, the Conservatives nor public knows nothing and parliament cannot even the Liberal Democrats can deny the role influence, we will simply go through the same they’ve played in creating this discourse of dysfunctional process all over again . In prin- on-again, off-again referendums with a view ciple, avoiding this political Groundhog Day to simply kicking the politically-difficult can ought to be an area that unites both Brexiters down the road . Oppositions and governments and Remainers over the next few years . have promised and then abandoned referen- With all this said, it is worth highlighting dums on the Euro, the Constitutional Treaty, the degree to which the UK electoral system and the Lisbon Treaty . David Cameron’s deci- has contributed to this state of affairs . Post- sion to hold a referendum on EU membership EU referendum, the disparity between the came after breaking his own promise to hold views of MPs and the public has never been a referendum on the Lisbon Treaty, and with a so glaring, a fact which has led the govern- the backbenches becoming increasingly frac- ment to conclude that it should be bypassed tious over the issue . in the Brexit negotiations . 12 .6% of the UK Regardless of whether you are on the population voted for UKIP in 2015, yet only side of the 48% or the 52%, it is fairly undeni- 1 UKIP MP was elected thanks to our single able that the decision to leave the EU in the member plurality voting system . 23 June referendum was in large part self- The problem with our voting system is inflicted by a Remain establishment which about more than the fact that there is such a wished to enjoy the benefits of EU member- wide disparity between votes and seats . The ship but has been consistently shy about tendency towards majority government is making the case for it over the last 40 years . why parliament is treated with such disdain The UK government has had a tendency to by the executive; if it can secure a majority use the EU as a convenient scapegoat; criti- on any vote simply by whipping its own MPs cising it for directives it supported behind into the division lobby, why bother consult- closed doors in the European Council, and ing it? It also leads to an adversarial culture blaming it when our own civil service “gold in Westminster itself, with compromise and plates” new European laws . Media scare sto- deliberation seen as weaknesses rather than ries were left unchallenged, resulting in many strengths . In a crisis, as we have seen over of them gaining an almost folkloric status in the past few months following the referen- the minds of the British public . dum, this has not resulted in firm and decisive Theresa May’s refusal to consult parlia- government, but dithering and a lack of clear ment over Brexit is nothing new . The UK par- direction . liament has always had far less say over EU It is no coincidence that countries with legislation than the parliaments of most other proportional voting systems have stronger EU member states, many of which scrutinise parliaments which are more capable of influ- government ministers and set the terms of encing trans-national agreements such as EU negotiation on specific pieces of legislation regulations and international treaties . Until we before they even go to the Council . have such a system here, the House of Com- This isn’t simply crying over spilt milk . mons will continue to alienate the public and Left unchallenged, Whitehall’s disdain for give them a feeling of lacking control . parliament and the public is guaranteed to

12 | Deliberating on the EU Royal Commission on the Electoral System, Time to deliberate the Republic of Ireland’s National Forum on Europe and the Danish European Affairs One of the positive lessons of both the EU Committee are two examples of how this can referendum and the one for Scottish inde- be achieved3 . Another practice with potential pendence is that referendums on significant are the Citizen’s Initiative Review panels in issues can enliven political debate and en- Oregon, in which groups of randomly se- courage greater participation in the political lected citizens are tasked with deliberating on process . ballot measures and publishing a statement Unlock Democracy’s 2016 Europe on their findings. 2 project, and our similar project in 2007 , were More crucial than any official body attempts to inform the debate on a small however is time . The Electoral Commission scale . What these projects have shown us is itself has requested that the period between that greater deliberation is not, per se, about referendums being initiated by parliament and changing people’s opinions . Far more impor- polling day should last at least six months . tant is enabling people to articulate the rea- We would argue that ideally it should be sons behind their views, and to understand longer . Time doesn’t just allow for both of- other people’s perspectives . ficial channels and civic society to engage A degree of division is inevitable in any the public, but mitigates the extent to which public poll, but deliberation is as much about campaigners can exploit short term alarmist allowing the national conversation to move on and populist techniques and rewards direct after the vote as it is about informing the vote engagement with the voters rather than con- itself . ducting their messaging via the media . Time This benefit however, can only be gives poorer resourced campaigns an oppor- brought to bear in a political environment tunity to catch up with better funded oppo- which encourages deliberation and informed nents, and allows for greater public scrutiny debate; increased participation is likely to over who is bankrolling them . lead to alienation and anger if the public’s While we understand why people are expectations are artificially raised or based on calling for the Electoral Commission, or a falsehoods . similar body, to be given the task of verifying This means that policy makers are the truth in statements issued by official ref- obliged to foster an environment of genuine erendum campaigns, if referendum processes dialogue between themselves and voters and are rushed then such a measure is likely to amongst the wider electorate, to ensure that, have a limited impact . as far as is possible, every citizen has the One of the arguments against longer chance to make up their mind . campaign periods is that the public will get This is further complicated by the fact bored; this certainly could be the case re- that the government is an interested party in garding minor issues - although the bigger the referendum process itself, and the contro- question then is whether a referendum should versy surrounding the government’s decision be held on such a topic at all . However, the to mail all households with a leaflet spelling experience with the Scottish independence out its own position in advance of the EU referendum, which effectively had a two year referendum suggests that such interventions campaign window, is that a longer period can end up being counterproductive . It is cru- leads to both better informed voters and a cial that any initiative designed to encourage higher level of participation . deliberation be independent . New Zealand’s Time is a crucial factor in another re-

2 British Citizens and the European Union, Unlock 3 New Politics Issue 1: A Europe for Citizens, 2005, Democracy, Emily Robinson 2007 New Politics Network Deliberating on the EU | 13 spect, that being that as referendums can What those principles should be is a potentially have lasting, irreversible effects in matter for further debate, and one which a way that elections do not, that it is all the Unlock Democracy will be engaging with over more crucial to get the active engagement the next few months . Passing legislation to of younger people . The Scottish referendum initiate a referendum should not be treated in demonstrated that increasing participation the same way as standard legislation . Done to 16 and 17 year olds was extremely effec- badly, as the EU referendum has been, can tive, and regardless of the merits of lowering be devastatingly divisive, offering us no clear the minimum voting age for elections, there way forward . In the case of government-initi- is a strong argument for doing so in the case ated referendums, it should be a requirement of referendums . But that expansion of the that at the very least the government should franchise needs to be matched by ensuring plan and legislate for what should happen in that schools are properly equipped to take the event of the referendum proposition being their students through the process and make carried . informed decisions . With the AV referendum, this was rela- For matters of lasting and decisive tively straightforward; the proposed new impact, citizens must be provided with both electoral system was already written into the information from genuinely independent and enabling legislation itself and in the case of a trusted sources and opportunities for serious Yes vote, would simply have taken effect at discussion and deliberation . That simply can- the next election . In the case of the EU refer- not be achieved by bouncing the electorate endum however, the government decided that into the polls . the referendum itself should not automatically trigger anything . They could, for example, have included a clause that compelled the A Constitutional Framework government to initiate the Article 50 protocols in the case of a Leave vote . But beyond a More than anything, the EU referendum has concern that such a trigger would have tied highlighted how ill-equipped the UK’s uncodi- their hands, the government had no intention fied constitution is at providing a way forward of leaving the EU . This lack of clarity should in incidences such as this . Referendum rules have been picked up and scrutinised in ad- made on the hoof by one Prime Minister have vance of the referendum, not after it as has been followed by a Brexit process made on been the case . the hoof by another . In both cases, crucial Ideally this would be exposed through decisions are being made in Whitehall which extensive pre-legislative scrutiny but ultimate- ought to be made in parliament and by the ly, if the legislation is rushed or post-referen- public . dum plan is found to be inadequate, govern- It is incumbent on us to learn from this ments must be forced to go back and think experience and ensure that we don’t allow again by the Electoral Commission . Of course these mistakes to be made again . This means no plan could be perfect, but it would prevent having a clearer legal framework which must governments from being able to proceed with be followed when initiating referendums . The a referendum without giving any thought at all pick’n’mix approach the government has about the consequences of the proposition previously adopted, discarding and adopting being passed . rules at their own convenience, needs to be We are minded that the rules should go ended . Ultimately, we believe the principles further, and have a specific requirement for underlying how and when referendums can governments initiating referendums to actu- be initiated ought to be spelled out in a writ- ally support the change being proposed . It is ten constitution . important, as far as is possible, to avoid ref-

14 | Deliberating on the EU erendums turning into a vote of confidence in not surprising that people are fearful that if it the government of the day . As we have now came to a vote then the House of Commons seen, the consequences of a referendum over might vote to overturn the whole process . a fundamental change which the government At the same time, many Brexit supporters itself opposes risks months and even years of are now asserting that the referendum result uncertainty and acrimony . means that remaining in the Single Market Fundamentally, referendums should has also been ruled out and that it is effec- not be a tool used lightly by governments . tively a mandate to massively curtail domestic The use of government-led referendums on immigration . Neither of these positions were the grounds of expediency has discredited on the ballot paper, and with the country split them and has lead them to be seen by many, 52-48 on the issue the scope for people on following Clement Attlee, as “the device of both sides to have a legitimate sense of griev- demagogues and dictators” . This is a carica- ance is high . ture, but one rooted in history . Unregulated, As an organisation which not uncontro- the scope for government abuse is tremen- versially asserts that the rule of law should dous . ultimately trump parliamentary sovereignty, Unlock Democracy now find itself in the surprising position of defending both against the The Threat to Democracy doctrine that the government should be given carte blanche over the Brexit process, simply One of the major arguments in favour of leav- by asserting its ancient and outmoded pow- ing the EU was that it undermined parliamen- ers of royal prerogative . Constitutional doc- tary sovereignty . Indeed, the main slogan of trines hard won over centuries are currently Vote Leave, “Take Back Control,” reflected being openly contested across the country . precisely this concern . It has therefore been Without a codified constitution setting extraordinary to see the UK government out a clear separation of powers between the under Theresa May assert that parliament’s courts, the legislature and the executive, the role in overseeing and scrutinising the Brexit scope for government overreach is tremen- process should be strictly limited . Arguably dous . This is exacerbated by the fundamental more worrying is the degree of support she disconnect in our electoral system between has received for this position amongst the votes cast and representation in parliament, a significant portion of the media. When the a problem which has grown as the UK has High Court ruled that Theresa May’s position increasingly embrace multi-party politics but that she could trigger Article 50 of the Lis- which the fallout from the EU referendum has bon Treaty to initiate the exit process without brought to a head . recourse to parliament first, both the lead More positively, this crisis has meant claimant Gina Miller and the judges behind that the opportunity to make the case for this ruling we excoriated by the press, with such a constitutional framework has never the Daily Mail declaring them to be “enemies been greater . of the people” . Some of the public anger over this is understandable . With a majority of MPs per- sonally in favour of remaining in the EU, it is

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