The UK's EU Referendum - DeHavilland

As recess is underway in both Westminster and Brussels, DeHavilland's second briefing takes a look at the process of enshrining a referendum in law. This includes the substance of the EU referendum bill, the timeline for adoption, and the main questions that will need to be resolved. Bookmark our online timeline of all the key events in the run-up to the referendum.

Background to the Bill On the 27th May the Government announced it would:

“Renegotiate the United Kingdom’s relationship with the European Union and pursue reform of the European Union for the benefit of all Member States. Alongside this, early legislation will be introduced to provide for an in-out referendum on membership of the European Union before then end of 2017.” The Bill is concerned not with the substance of Mr Cameron’s negotiations, but rather the format of the referendum itself. Briefly, the bill is broken down into clauses, the most controversial of which include: 

Clause 1: the referendum question

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Clause 2: entitlement to vote

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Clauses 3 & 4: conduct of the referendum (provisions on holding it on the same day as other elections)

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Clauses 7 - 11: miscellaneous (the cost of the referendum, campaigning, financing and donations, campaign broadcasts, and public awareness)

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The Bill was officially introduced to the House of Commons on the 28th May 2015, and the Second Reading occurred on the 9th June. Foreign Secretary Philip Hammond led the debate at Second Reading; he was careful not to outline in detail the Government’s demands, allowing Mr Cameron to keep negotiating terms with EU institutions as broad as possible. The Bill was then committed to a Committee of the Whole House. This allows a bill to be discussed by all MPs, rather than a select few (as occurs in a Public Bill Committee). The

format is generally reserved for bills of urgency, or of high constitutional importance. The EU referendum Bill meets both criteria: Mr Cameron will be keen to set the terms of the referendum as soon as possible so that his Government has time to develop a coherent campaign strategy, and the constitutional implications of withdrawing from the EU are both significant and extremely complex. The points of debate so far were provisions regarding the date of the referendum, the franchise, and purdah rules (on campaign restrictions).

possible that the Government will make provisions in the Bill to introduce the date through secondary legislation. In this event, the Government will be required to lay the regulations specifying the date of the referendum before Parliament. Subject to the type of statutory instrument used, the level of parliamentary scrutiny would vary. Given the consensus around the issue and accommodations made by ministers on devolved elections, a high degree of scrutiny is unlikely.

The Issues

At the Second Reading, Mr Hammond reaffirmed the purpose of the legislation: “We have had referendums on Scottish devolution, Welsh devolution, our electoral system and a regional assembly for the northeast, but an entire generation of British voters has been denied the chance to have a say on our relationship with the European Union.” It was not until Committee Stage that the Bill was amended so that the referendum could not be held on the same day as Scottish, Welsh, London and Northern Ireland elections, (due to take place on 5 May 2016). In a letter to Conservative MPs, Europe Minister David Lidington stated that, currently, the Government was “keen to maintain as much flexibility over the date of the referendum as possible.” Due to this, it is


During the Second Reading, Mr Hammond mentioned that all UK voters aged 18 years old and over would be entitled to vote, and added that the franchise would be extended to members of the House of Lords, and Commonwealth citizens resident in Gibraltar. “Some will argue that we should extend the franchise further to 16- and 17-year-olds, perhaps, or even to citizens of other EU countries resident here. We do not agree […] It would be wrong to include 16 and 17-yearolds in this referendum as an addition to the Westminster franchise,” the Foreign Secretary told the House. At the Committee Stage Scottish National Party (SNP) Europe Spokesperson Stephen Gethins put forward an amendment that would have extended the referendum franchise to all EU nationals resident in the UK. The amendment was rejected, 71 votes for and 514 votes against.

Furthermore, an amendment was moved by SNP International Affairs Spokesman Alex Salmond, which would have imposed a requirement for “double majority” for withdrawal from the EU, meaning a majority across the whole of the UK and in each of its constituent nations. The SNP’s double majority approach might have prevented the UK from leaving the EU as the majority of Scots reportedly favour continued membership. Notwithstanding, the amendment was rejected. Shortly before the beginning of the summer recess Europe Minister David Lidington published the draft electoral administration rules for the EU referendum. The rules include provisions for the ballot paper, polling and counting agents, the declaration of results and the disposal of ballot papers.

At the Bill’s Committee Stage an amendment was put forward by Conservative rebels (led by Sir William Cash), which aimed to apply “Purdah” arrangements covering ministerial or official announcements during a campaign period prior to the EU referendum. This would mean that the Government could not campaign in the lead up to the referendum. Despite this, the Government had indicated that it would oppose the amendment on the grounds that ministers needed to be able to respond to EU-specific issues during any referendum campaign. The amendment was rejected at division with 97 votes for and 288 votes against. SNP Foreign Affairs Spokesman Alex Salmond also tabled an amendment that sought to impose a period of Purdah in the four weeks before the referendum date. This amendment was also rejected at division with 75 votes for and 313 votes against. Imposing purdah rules would give a strategic advantage to those who were keen to portray


Mr Cameron’s renegotiation efforts as a failure. By forcing the Government to keep quiet in the lead up to the referendum, the no campaign would have the louder voice. Bookmark our online timeline of all the key events in the run-up to the referendum.

What Next?

The Report Stage and Third Reading of the Bill are due to take place on Monday 7 September, the first week back after summer recess. Purdah continues to be a particularly contentious issue, and has triggered an inquiry by the new Public Administration and Constitutional Affairs Committee. The Committee is due to publish its inquiry at the end of July 2015. In a letter to Conservative MPs, Minister for Europe David Lidington announced that the Government would be seeking to circumvent Section 125 of the Political Parties, Elections and Referendum Act 2000, which places restrictions on Government announcements and publications 28 days before a referendum. It was argued by Foreign Secretary Philip Hammond that the imposition of purdah could have a significant, and even a detrimental, impact on the day-to-day business of Government. Furthermore, Cabinet Secretary Sir Jeremy Heywood said that he had been given “very worrying” legal advice that warned Ministers of the hazards associated with discussing Eurozone bailouts, migration and banking regulations.

Consequently, Mr Lidington explained that the Government will amend the Bill in the autumn to ensure the “referendum is a fair fight, yet will preserve the Government’s ability to act in the national interest.”

Following the Bill’s passage through the House of Commons, it will enter the House of Lords. It is likely that the key issues that have dominated conversation in the Commons will continue into the Lords. As of 21 July, the Government had the Second Reading of the Bill provisionally scheduled for Tuesday 13 October. Foreign Office Minister Baroness Anelay of St Johns will be responsible for guiding the Bill through the Lords. Unlike the Commons, the Conservative Party does not enjoy an overall majority in the Upper House, meaning securing cross-party support is essential. The Liberal Democrats are keen for 16 and 17 year olds to participate in the referendum and may attempt use their disproportionate representation in the House of Lords to build a coalition pushing for an expanded franchise. Labour, under Acting Leader Harriet Harman, has reserved its opposition to a referendum, but also supports expanding the franchise. It is worth noting that previous Private Member’s Bills calling for an EU referendum have failed to pass the House of Lords. If, on this occasion, the two chambers are unable to agree on the substance of the Bill, the Government has the power under the Parliament Act 1911 to proceed without the consent of the Lords. No official date has been set for the passing of the Bill. However, in the interest of maintaining as much flexibility on the referendum date as possible, it is likely that the Government will wish to see the legislation receive Royal Assent by the end of the year.


The view from Brussels Brussels has now emptied out for the EU's summer recess, but the foundations have been laid for some serious work on the referendum issue when officials and politicians return in September. Among other things, a new task force within the European Commission dedicated to the UK referendum will become effective, led by British official Jonathan Faull. Mr Cameron managed to launch negotiations in earnest at last month's European Council summit, laying out a list of desired EU reforms in a short presentation. Although one diplomat reportedly described the British PM's contribution as a "commercial break", Mr Cameron has intentionally adopted a low-key approach with his counterparts, and said that he was "delighted" with the outcome of the meeting. He has however dropped the idea of achieving changes to the EU treaties before the referendum is held. Meanwhile the situation in Greece is currently absorbing most of Europe's attention, but it also interacts with the British question in some interesting ways. One of Mr Cameron's major aims is to prevent Eurozone issues from negatively impacting the UK, and the current Greek bailout negotiations are proving a perfect test-case. The European Commission made an undeniable nod to British concerns last week as it proposed changes to the rules of the EU's bailout fund, the European Financial Stability Mechanism, to guarantee compensation for non-Eurozone Member States in the case of a default (by Greece). The hope by some in the UK is that an EU made fragile by the Greek crisis will be more receptive to demands from London, but both sides appear to be making relatively conciliatory moves at this early stage.

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