Referendums

Debate between Lord Caine and Earl Howe

Wednesday 12th February 2020 Lords Chamber

[Earl Howe]

My Lords, we are very concerned and absolutely determined to protect the integrity of our democracy and our elections. As I have said, we are doing that by addressing in particular the mechanisms for electoral fraud through the introduction of voter ID and by banning postal vote harvesting. We have already announced a range of measures to strengthen and protect our democratic processes. These include commitments to launch a consultation on electoral integrity and to implement a digital imprint regime for online election material.

[Lord Caine (Con)]

My Lords, I express considerable sympathy with the sentiments expressed by the noble Lord, Lord Soley, about referendums. I have long held considerable doubts about using a 50+1 mechanism for bringing about significant constitutional change. I am also incredibly fearful of using that method to bring an end to the union with Northern Ireland and establish a united Ireland; the consequences are likely to be severe. Will my noble friend the Minister look again at thresholds in referendums? There is a precedent in 1979, when the referendum in Scotland required not just a majority of those voting at the ballot box but 40% of the electorate as a whole to back the proposals.

[Earl Howe]

That is true, but we have never gone down that road in any of the subsequent referenda. There would be serious challenges in doing so. First, Parliament would need to decide what level of participation confers legitimacy; I do not think that is a straightforward issue at all. If one had a threshold related to voter turnout, the inflexibility of such an arrangement could easily prove counterproductive and have the paradoxical effect of equating non-participation with no vote, because low levels of participation can void a given result. That could cause a great deal of disquiet among the public.