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| Brexit: How would a second EU referendum be held? | Brexit: How would a second EU referendum be held? |
| (35 minutes later) | |
| A former Conservative cabinet minister has called for a second Brexit referendum. Writing in the Times, Justine Greening, who used to be education secretary, argued that another vote would be "the only way to end deadlock". | A former Conservative cabinet minister has called for a second Brexit referendum. Writing in the Times, Justine Greening, who used to be education secretary, argued that another vote would be "the only way to end deadlock". |
| But how, in practice, could a second vote happen? | But how, in practice, could a second vote happen? |
| Parliamentary approval | Parliamentary approval |
| The government has ruled out a new Brexit referendum and the Labour party says it's unlikely - although its Shadow Brexit Secretary, Sir Keir Starmer, says it is sensible to keep "all our options on the table" - in the event of Parliament voting down a Brexit deal or in the case of a "no deal" scenario. | The government has ruled out a new Brexit referendum and the Labour party says it's unlikely - although its Shadow Brexit Secretary, Sir Keir Starmer, says it is sensible to keep "all our options on the table" - in the event of Parliament voting down a Brexit deal or in the case of a "no deal" scenario. |
| Downing Street said, in response to Ms Greening, that a referendum will not happen "in any circumstances". | Downing Street said, in response to Ms Greening, that a referendum will not happen "in any circumstances". |
| So unless there is a dramatic change in party policy, it's highly unlikely a referendum would be called in the first place. | So unless there is a dramatic change in party policy, it's highly unlikely a referendum would be called in the first place. |
| That's because a referendum requires an Act of Parliament, which needs to be voted through by the majority of MPs. | That's because a referendum requires an Act of Parliament, which needs to be voted through by the majority of MPs. |
| And while there are vocal supporters on all sides, currently there are not enough MPs who support the idea of a second referendum. | And while there are vocal supporters on all sides, currently there are not enough MPs who support the idea of a second referendum. |
| Timing | Timing |
| Even if MPs and peers agreed in principle to hold a second referendum, the legislative process can be drawn out. | Even if MPs and peers agreed in principle to hold a second referendum, the legislative process can be drawn out. |
| Parliament would need to pass detailed rules for the conduct of the poll and the regulation of campaigners. | Parliament would need to pass detailed rules for the conduct of the poll and the regulation of campaigners. |
| It took seven months before Parliament signed off the previous referendum legislation in 2015. Further time was also needed to pass secondary legislation on areas such as voting registration. | It took seven months before Parliament signed off the previous referendum legislation in 2015. Further time was also needed to pass secondary legislation on areas such as voting registration. |
| In theory, Parliament could copy over some of the legislation from the 2015 Act in order to try to speed the process up. | In theory, Parliament could copy over some of the legislation from the 2015 Act in order to try to speed the process up. |
| But according to David Jeffery, a politics lecturer at Liverpool University, this might not save a lot of time because issues would still need to be debated and scrutinised by MPs and Lords. | |
| Aside from the time to pass the legislation, there's also the length of the campaign to consider. | Aside from the time to pass the legislation, there's also the length of the campaign to consider. |
| Last time around there was a four-month period between the then Prime Minister David Cameron announcing the referendum in February 2016, and the vote taking place on 23 June. | Last time around there was a four-month period between the then Prime Minister David Cameron announcing the referendum in February 2016, and the vote taking place on 23 June. |
| Furthermore, the Electoral Commission has recommended that in future there should be at least a six-month gap between legislation being passed and a referendum being held. | Furthermore, the Electoral Commission has recommended that in future there should be at least a six-month gap between legislation being passed and a referendum being held. |
| That's to allow enough time to register campaigns, put counting officers in place and give people information on how to vote. | That's to allow enough time to register campaigns, put counting officers in place and give people information on how to vote. |
| So combining the time to pass the legislation and allowing for a campaign, it might not be possible to hold a second referendum before the UK is scheduled to leave the EU in March 2019 (i.e. when the Article 50 process is due to expire). | So combining the time to pass the legislation and allowing for a campaign, it might not be possible to hold a second referendum before the UK is scheduled to leave the EU in March 2019 (i.e. when the Article 50 process is due to expire). |
| And holding a referendum after the Article 50 process could cause a number of practical problems. | And holding a referendum after the Article 50 process could cause a number of practical problems. |
| For one, what if the country voted to remain in the EU, but had already left by the time the vote was held? | For one, what if the country voted to remain in the EU, but had already left by the time the vote was held? |
| This could be avoided if the EU agreed to extend the Article 50 deadline - but this would need to be unanimously agreed by all EU member states. | This could be avoided if the EU agreed to extend the Article 50 deadline - but this would need to be unanimously agreed by all EU member states. |
| The question | The question |
| There's also the referendum question itself and the options on the ballot paper to consider. | There's also the referendum question itself and the options on the ballot paper to consider. |
| These need to be presented "clearly, simply and neutrally", according to the Electoral Commission. | These need to be presented "clearly, simply and neutrally", according to the Electoral Commission. |
| Justine Greening argues for three options: accept a negotiated Brexit deal, stay in the EU, or leave with no deal. | Justine Greening argues for three options: accept a negotiated Brexit deal, stay in the EU, or leave with no deal. |
| David Jeffery says having more than a yes/no option could complicate the process: | |
| "With three options you could have a situation where just 34% decide the winning option. | "With three options you could have a situation where just 34% decide the winning option. |
| "And that leads to questions about the type of voting system you want - like choosing the options by preference order", he says. | "And that leads to questions about the type of voting system you want - like choosing the options by preference order", he says. |
| "But then you need to ask 'do the public understand the system and how might it work in such a short period of time'"? | "But then you need to ask 'do the public understand the system and how might it work in such a short period of time'"? |
| In the end it will be up to the Electoral Commission to assess that question. | In the end it will be up to the Electoral Commission to assess that question. |
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