Does there have to be a second Referendum?

SOURCE: BBC

The claim is that a referendum lock that was introduced by the coalition government in 2011, means that there will have to be a second referendum before the UK leaves the EU.

However, a BBC article states a reality check into this claim, saying it’s ”far from clear that there’s any legal requirement for a second referendum and, even if there were, the referendum lock could be repealed.”

The BBC state’s:

”The European Union Act 2011, passed by the coalition government, created a so-called “referendum lock”. Its purpose was to create a legal requirement to hold a referendum if any proposal were made to transfer further powers from the UK to the EU.”

”However, because of the way the Act is worded, some people have argued that it could be used to force a second referendum before the UK leaves the EU. It says that any new treaty that amends or replaces one of the existing primary EU treaties should be subject to a referendum before it can be ratified.”

So if it was subsequently the case that the 2011 act had created a requirement for a second referendum, it could be avoided anyway despite this, by simply repealing the act. It would mean having to see both Houses of Parliament agreeing to overturn the existing law. But it wouldn’t necessarily be particularly difficult.

Ultimately, as long as the government and Parliament are still agreeing that the referendum result should be enacted and accepted on behalf of the democratic vote, it’s hard to see any sort of legal obstacle occur that would be insuperable to the referendum result. Ultimately, Parliament makes the laws and has emphasised that its mostly in favour of what the outcome was, a vote to leave the European Union by 3.8%.

What do you make of calls for a 2nd Referendum?

Will it be legally simple to try to get another referendum going? Because its reported that people are regretting their decision to leave, can this sway parliament to think twice about accepting the democratic vote? Will the UK be better off outside the EU eventually?

Comment below YOUR views on the EU Referendum outcome and calls for a 2nd referendum 

Advertisements

4 thoughts on “Does there have to be a second Referendum?

  1. I’m not sure who does the Maths here but it was a 3.8% victory for the leave campaign. I find it difficult to see how a general election would provide a mandate as the vast majority of MP’s were for remain, we already have a mandate with the referendum and regardless of your views on the EU, to ignore a referendum would be foolish and leave us in a potentially very dangerous situation for many years to come.

    Like

    1. Thank you for your insight. I always remain impartial on articles blogged on this site, however I did for the first (and only) time blog that I was on the remain side in the ‘my view of brexit’ article written a few weeks ago. I have accepted the result as a person who voted remain and I hope that the UK negotiates the best ‘brexit terms’ possible on behalf of everyone in the UK.

      Like

  2. This referendum lock, I think would only apply to powers transferred to the EU, not the other way. However, many brexit scenarios may keep some powers at EU level without democratic accountability (no seat at council of ministers and no MEPs), so the lock may be valid, but not respected.
    A repeat referendum would be undemocratic. However a referendum on a post brexit deal, whether to remain in the single market or not for example, especially as no leave plan was put before the first one (the EU ref was essentially, ‘Change relationship with EU or not’), is necessary. However a General Election could also give a mandate to a proposed ‘brexit deal’, negating the referendum requirement.
    Post-brexit is so complicated!

    Liked by 1 person

    1. Thank you for your insightful view on this article, you have noted on some good aspects to post-brexit life. Hopefully, vote leave and other MPs have some well thought through plans to negotiate the next steps for the UK’s future on behalf of all UK citizens.

      Like

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s