Brexit: Case for a Second Referendum

Baroness Bowles of Berkhamsted Excerpts

Thursday 7th July 2016 Lords Chamber

[Baroness Bowles of Berkhamsted (LD)]

My Lords, the way in which the referendum campaign was conducted and covered was shocking. Even the BBC news, which neutralised expertise in the name of balance, was about as useful as an exam where everyone gets 50% because those getting the answer wrong thought it was right and vice versa. It is not the first time this has happened—last time it was about autism and the MMR vaccine.

Nevertheless, a rerun of a close referendum is unlikely to be broadly acceptable to the public without compelling evidence for it. Nor is a rerun for a supermajority; measures such as that need to be contemplated well away from heat or likely use. However, another referendum, later on, about a more focused question is another matter. It might be appropriate after a significant change in circumstances or on the outcome of negotiations with the EU, especially bearing in mind that negotiation strategy cannot all be public.

The last few days of debate have yielded a wealth of reasoning, including that the remain or leave question was broad in scope about a complex matter and was the start of a process that needs parliamentary sovereignty and public assent. Above all, the national interest must come first and cannot be ruled out. However, the fact that there could be a referendum on the outcome should not undermine sincere efforts to identify a genuine mandate and negotiate with the EU. As was also mentioned on previous days of debate, the referendum lock in the 2011 Act is drafted very widely. It covers where an EU treaty confers on an EU institution or body,

“power to impose a requirement or obligation on the United Kingdom”,

and also covers replacing treaties. Such things may well be needed to achieve Brexit, and the logic still applies—a say on being bound.

Finally, it is important that there is the time for a possible referendum or some other ratification. A hard deadline must not rob us of that opportunity. I have seen it all before with the Greek bailouts. Therefore I note that nothing in Article 50 says that extensions are negotiated only at the end—and a ratification extension, or other circumstantial extension, could be pre-agreed as part of the triggering process.