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1

How many UK-wide referendums have there been to date ?

3

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2

What is the main legislation regulating the use of referendums in the UK?

The Political Parties, Elections and Referendums Act 2000

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3

Why and when did referendums come into use in the UK?

• First major referendum held in the UK in 1973, on subject of the status of Northern Ireland.
• Pressures driving increased interest in the use of referendums over the preceding decade included the prospect of participating in European integration; interest in devolution; controversy over social reforms; and then the resurgence of violent conflict in Northern Ireland.
• But there was a longer-term background. There had been much discussion of the possibility of holding referendums as far a back as the late nineteenth century, on issues such as ‘Home Rule’ for Ireland and disputes between the House of Commons and House of Lords. Referendums sometimes took place at local level long before 1973.
• Advocacy of referendums had to overcome resistance among those who regarded this mechanism as contrary to UK political traditions.

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4

To what extent is the use of referendums in the UK subject to clear regulations, and what rules do apply to them?

• There is not a clearly defined set of rules about when it is necessary to hold a referendum or what types of subject they should be held on.
• Nor are there clear regulations about what the status of a referendum result is. In most cases referendums have not had legal force.
• But generally, referendums have been held on what might be defined as constitutional matters. Politicians have largely accepted that – if they are not legally compelled to do so – they should accept the outcome of a referendum and act upon it.
• There are legal regulations covering matters such as campaigning and the way in which the question is worded. The Electoral Commission has an oversight role. The main legislation is the Political Parties, Elections and Referendums Act 2000; with each individual referendum being provided for by additional laws.

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5

How far do referendums challenge established forms of government in the UK?

• The UK is a system of representative democracy. Under this system, people take part in elections that determine those who then take specific decisions on their behalf, for which they are accountable to the public. Those decisions are intended to form part of an integrated policy programme, the different components of which are designed to fit together into a coherent whole.
• Traditionally, within the UK system, the UK Parliament is regarded as having ultimate power or ‘sovereignty’.
• Referendums challenge these established forms in that they have the effect of separating out particular decisions, removing them from the scope of government and making them subject to popular consultation: otherwise known as direct democracy. They might also imply that it is the people, not Parliament, that is ultimately sovereign.
• But referendums do not mean that the whole system of representative democracy is abolished. They simply add a component of popular voting to it. In the end, it is representative politicians who make decisions about whether to hold referendums and on what terms. Furthermore, Parliament as an institution draws its authority primarily from the people, who elect its predominant chamber, the House of Commons (see: Chapter 4). In this sense, there is no direct contradiction between the concepts of popular and parliamentary sovereignty.

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6

What difference has the use of referendums made to UK politics?

• Referendums have played an key part in some important political episodes in the UK. They include arguments about devolution and European integration; and the development of the Northern Ireland peace process.
• They have taken place in circumstances in which parties have been seriously divided over the subject on which they were held. Sometimes, the idea of holding a referendum has been politically significant even when it has not taken place, as over European integration and electoral reform in the 1990s and 2000s.
• In 1979, the referendum on Scottish devolution led to the fall of the Labour government. The 2016 EU referendum triggered a prolonged period of political instability, in which two prime ministers lost power and two general elections took place, alongside many other dramatic developments.
• Referendums have become a new means by which political decisions can be taken.
• The results of referendums have at times prevented changes from taking place: for instance, devolution in Wales and Scotland in 1979; and devolution in North East England in 2004. At other times, they have facilitated change, for instance, the reintroduction of elected government for London; and departure from the EU, finally brought about in 2020 after the 2016 referendum.