What all parties seem to take as read is that the referendum
was valid in the first place. I’ve
consistently questioned this, and now that healthy desperation and vulgar abuse
are finally becoming the prime movers, perhaps it’s time to reiterate my
reasons. There are three.
One: the framework.
It’s ludicrous that a simple first-past-the-post majority of
those who chose to vote should be allowed to determine such a radically fundamental
change to every aspect of the nature of our nation.
Obviously, this question (which is a constitutional one) dates
back to way before this particular referendum, but it should have been raised
and debated, both in the media and by Parliament, when the 2015 Referendum Bill
was being considered. Had it been, I
would have supported a proposal that, at the very least, a majority of the
electorate should be required in order to achieve a meaningful result.
Two: the legality.
It was falsely presented as a legally binding decision of
the electorate. In fact, the enabling
legislation does not contain any obligation on the current or any future
government to implement the result. This well-researched and seemingly impartial Wikipedia article contains links to that
legislation if you want to follow them.
It’s worth quoting
in full the relevant paragraph of the article:
‘In accordance
with the Act and the public duty of the Electoral Commission, an impartial
guide was posted to every household in the UK and Gibraltar in the week
beginning of 16 May 2016. The advisory leaflet was titled: "Why the
Government believes that voting to remain in the European Union is the best
decision for the UK". This leaflet clearly stated: "This is your decision. The government will
implement what you decide".’
[my italics]
So the idea that the referendum was in any way binding rests
solely on the wording of a government pamphlet.
Three: the question.
This was the subject of much debate, to fairly general
public indifference, and they came up with this compromise:
“Should the United Kingdom remain a member of the European Union or leave
the European Union?”
Let’s deconstruct
it. Firstly, turn it upside down:
“Should the United Kingdom leave the European Union or remain a member of
the European Union?”
Would this simple
rewording have influenced an undecided voter one way or the other? I suspect it would. So either way it’s a loaded question.
Secondly, it’s actually a spuriously overloaded question. All that was needed was “Should the United
Kingdom leave the European Union?”
And in any case, the
word ‘Should’ turns it into an opinion poll, doesn't it?
