February 2017
REFERENDUM ABOUT FINAL CONDITIONS AND TERMS OF WITHDRAWAL NEGOTIATED BY HM GOVERNMENT FOR THE UK TO LEAVE THE EU "Referendum2"
In the "brexit" referendum held in June 2016 the UK electorate indicated a wish to leave the European Union. Voters could not fully know the effects of leaving the EU nor could anyone foresee which if any agreements would be reached with the EU about matters such as tariffs and trade, customs or legal status for EU residents in the UK and vice versa.
Should Parliament or government be able to block "brexit"? The June 2016 referendum, as all such nation-wide ballots to date unless otherwise designed by law, was advisory and not legally binding. Yet it cannot be denied that this produced a powerful political message which came from many millions of citizens. So it would be unfair for an authority to block or deny this expression of the people's will. Frustration, anger or even rebellion might result. The only fair, just and democratic way to change, block or affirm the result of the "brexit" ballot would be by means of another referendum, a plebiscite (decision) of the people.
On the background of the principle which we have described above it has been encouraging to observe that there is at least a whiff of democratic spirit among our politicians. We refer to debates in Parliament on the EUROPEAN UNION (NOTICE OF WITHDRAWAL) BILL in particular to those proposals (amendments, new clauses) which require that a second referendum shall be held after exit negotiations have progressed. The emergence of these proposals is a landmark, at least a small milestone, on our UK journey to democracy guaranteed by Constitution with political rights and sovereignty of the people-as-citizens. Proposals and debate about better democracy may be found via http://www.iniref.org/about.html
key: {editorial remark or note} HoC House of Commons HoL House of Lords
Below we quote and describe some of the "Referendum2" proposals put forward in the House of Commons and House of Lords. (LISTED HoC A-E, HoL F) source in www parliament.uk where progress of the European Union (Notification of Withdrawal) Bill may be followed.
At the time of writing (14 Feb 2017) only proposal E has been allowed a vote with the result of 300+ against, 33 for. This proposal was perhaps the weakest from a democratic perspective as it would commit Parliament only to order the government to produce a report about a possible referendum, rather than ordering that referendum2 must be held.
We welcome comments, discussion and your dissemination of this important aspect of the "brexit" debate, a matter of democracy which has been neglected by "main stream media" and avoided by most politicians.
A.
European Union (Notification of Withdrawal) Bill, {amendment NC52}
Owen Smith
Geraint Davies
Mr Graham Allen
Ann Clwyd
Heidi Alexander
Mr Ben Bradshaw
Mr Barry Sheerman
Caroline Lucas
Ann Coffey
Mrs Madeleine Moon
Mr David Lammy
Susan Elan Jones
Neil Coyle
Helen Hayes
Mark Durkan
Dr Alasdair McDonnell
Ms Margaret Ritchie
Mary Creagh
Chris Bryant
To move the following Clause—
“Referendum on the proposed exit package
(1)
A referendum is to be held on whether the United Kingdom should approve the
United Kingdom and Gibraltar exit package proposed by HM Government at
conclusion of the negotiations triggered by Article 50(2) for withdrawal from the
European Union or remain a member of the European Union.
(2)
The Secretary of State must, by regulations, appoint the day on which the
referendum is to be held.
(3) {re. possible date of referendum, omitted here}
(4)
The question that is to appear on the ballot papers is—
“Do you support the Government’s proposed United Kingdom and Gibraltar exit package for negotiating withdrawal from the European Union or Should the United Kingdom remain a member of the European Union?”
(5)
The alternative answers to that question that are to appear on the ballot papers are—
“Support the Government’s proposed exit package
Remain a member of the European Union”.
(6)
In Wales, the alternative answers to that question must also appear in Welsh.
(7)
The Secretary of State must by regulations made by statutory instrument subject to annulment by resolution of either House of Parliament specify the wording in Welsh of the alternative answers to that question.
(8)
The Secretary of State may make regulations by statutory instrument on the conduct of the referendum.”
------------------------------
B.
Caroline Lucas
Helen Hayes
Mr Graham Allen
Paul Farrelly
37
Clause 1, page 1, line 5, at end insert—
“(3) Before the Prime Minister issues a notification under this section, Her Majesty’s
Government has a duty to lay before both Houses of Parliament a White Paper
setting out its plans to hold a Ratification Referendum on the terms of the
withdrawal agreements negotiated with the European Union during the two-year
period specified by Article 50(3) of the Treaty on European Union.
(4) The Ratification Referendum referred to in Section 1(3) of this Act shall be held
on a date no later than four months prior to the expiry of the two-year period
specified by Article 50(3) of the Treaty on European Union.
(5) The Ratification Referendum referred to in Section 1(3) of this Act shall only be
held after the withdrawal agreements negotiated with the European Union during
the two-year period specified by Article 50(3) of the Treaty on European Union
have been approved by a vote in both Houses of Parliament.”
Member’s explanatory statement
This amendment would require the Government to set out, prior to triggering Article 50, a detailed
plan to hold a Ratification Referendum on the agreements negotiated with the EU
-----------------
C.
NC131
Committee of the whole House: 2 February 2017 35
European Union (Notification of Withdrawal) Bill, continued
Tim Farron
Mr Nick Clegg
Tom Brake
Mr Alistair Carmichael
Caroline Lucas
Mark Durkan
Dr Alasdair McDonnell Ms Margaret Ritchie
To move the following Clause—
“Referendum on the proposed new agreement with the EU
(1) A referendum is to be held on whether the United Kingdom should approve the
United Kingdom and Gibraltar exit package proposed by HM Government at
conclusion of the negotiations triggered by Article 50(2) for withdrawal from the
European Union or remain a member of the European Union.
(2) The Secretary of State must, by regulations, appoint the day on which the
referendum is to be held.
(3) The question that is to appear on the ballot papers is—
“Do you support the Government’s proposed new agreement between the United
Kingdom and Gibraltar and the European Union or Should the United Kingdom
remain a member of the European Union?”
(4) The Secretary of State may make regulations by statutory instrument on the
conduct of the referendum.”
--------------------
D.
Geraint Davies
44
Clause 1, page 1, line 5, at end insert—
“(3) Before exercising the power under subsection (1), the Prime Minister must lay a
report before Parliament on the Government’s proposed negotiation package,
including detailed and specific information on—
(a) the proposed terms of the UK’s access to the Single Market (if any) or the
negotiating mandate thereof;
(b) the nature and extent of any tariffs that will or may be imposed on goods
and services from the UK entering the EU and goods and services from
the EU entering the UK or the negotiating mandate thereof;
Committee of the whole House: 2 February 2017 103
European Union (Notification of Withdrawal) Bill, continued
(c) the terms of proposed trade agreements with the EU or EU Member
States, and the expected timeframe for the negotiation and ratification of
said trade agreements or the negotiating mandate thereof;
(d) the proposed status of rights guaranteed by the law of the European
Union, including—
(i) labour rights,
(ii) health and safety at work,
(iii) the Working Time Directive,
(iv) consumer rights, and
(v) environmental standards;
(e) the proposed status of—
(i) EU citizens living in the UK, and
(ii) UK citizens living in the EU,
after the UK has exited the EU or the negotiating mandate thereof;
(f) details of the Government’s internal estimates as to the impact of the
above measures on—
(i) the balance of trade,
(ii) GDP, and
(iii) unemployment,
in the UK after the UK leaves the EU.
(4) The report in subsection (3) must set out the costs and benefits of holding a
referendum which asks the public to decide between the proposed negotiation
package or remaining a member of the European Union.
(5) The report in subsection (3) must not be laid before the House before 1 December
2017.”
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E.
note: this was apparently allowed a division/vote in HoC on 1 feb 2017 / 300+ agin, 33 AYES
Tim Farron
Mr Nick Clegg
Tom Brake
Mr Alistair Carmichael
43
Clause 1, page 1, line 5, at end insert—
“(3) Before exercising the power under section 1, the Prime Minister must prepare and
publish a report on the process for ratifying the United Kingdom’s new
relationship with the European Union through a public referendum.”
--------------------
F.
HoL amendment
European Union (Notification of Withdrawal) Bill Clause1
LORD NEWBY
BARONESS WHEATCROFT
LORD HAIN
Page1, line3, at end insert—“()No agreement with the European Union consequent on the use of the power under subsection (1) may be ratified unless—
(a) it has been laid before and approved by a resolution of each House of Parliament;
(b) the Prime Minister has obtained authority to put it to a national referendum ;and
(c) it has been approved by such a referendum.
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