EU Referendum Rules

Debate between Stephen Doughty and Chuka Umunna

Monday 5th September 2016 Westminster Hall

[Mr Chuka Umunna (Streatham) (Lab)]

This debate is nominally about the threshold that we should have applied to the EU referendum, the argument being that if the leave or remain vote secured less than 60% support in a turnout of less than 75% there should be a second referendum. For the benefit of the right hon. Member for Hitchin and Harpenden (Mr Lilley), the motion arises from a petition by a leave campaigner who presumably lacked confidence at the time that his side of the argument would be victorious.

Of course, the debate is no longer about thresholds, but the more substantial question of a second referendum. I will quickly dispose of the threshold issue and move to the wider debate that is raging on the main issue.

On thresholds, the aim of the petition is reminiscent for me of the amendment successfully tabled by our Labour colleague, George Cunningham, in 1978 to the Scotland Act 1978, which provided for a referendum on Scottish devolution. He was thoroughly opposed to devolution for Scotland and his amendment would have required at least 40% of registered Scottish electors to support devolution for it to go ahead. The amendment had the effect of killing off devolution then because, although a majority in the poll—51.62%—voted for devolution with 48.38% voting against, the turnout was 64%, so just 32.9% of registered electors had actually voted in favour. As the hon. Member for Weston-super-Mare (John Penrose) pointed out, the institution of that mechanism had the effect of promoting the status quo.

I do not think it is desirable generally to hold lots of referendums because our constituents send us here to make decisions based on the manifesto and set of values that we put forward. Ideally, we should trouble our constituents with referendums only in the most exceptional circumstances. When major constitutional issues are at stake, it seems to me that there is some justification for that.

When we do have a referendum, as on this issue, I am sceptical about applying the high threshold proposed in the petition. I think there is great difficulty in telling those who have supported the proposition which, on the face of it, they seem to have done by a clear majority, that it cannot be carried because there has been a low turnout. After all, we are all here and a low turnout has not been an obstacle to any of us being elected. A low turnout or lack of support for a particular Government—the present Government has the support of less than 25% of registered electors—does not stop them taking office. People might question whether thresholds and mechanisms that were not applied to us during an election should be applied in a referendum.

I worry that with such thresholds we may end up with people seeking deliberately to depress turnout in what is, whatever side of the argument they are on, a thoroughly active democratic exercise. I am not completely closed to a higher threshold, given the constitutional change, but I am sceptical.

[Stephen Doughty]

My hon. Friend is making an interesting point, but does he agree that—as I have seen in correspondence—constituents who signed this petition were reflecting not the detail of thresholds and so on, but their feelings about this. The right hon. Member for Hitchin and Harpenden (Mr Lilley) talked about people being emotional and pulling themselves together, but the real issue is how people felt about being lied to, the lack of clarity on the options before them and the clash of mandates when it comes to devolved Administrations, certainly in Wales. Does he agree that there was something more fundamental about how people felt in the aftermath and that we must do a lot to bring people back together?

[Mr Umunna]

I do not disagree with that. I will move on from thresholds, but the danger is that they may be seen to ignore views on either side.