What is the role of referendums in UK politics?

The role of referendums

Referendums have repeatedly been used in the UK to resolve important constitutional questions. They are required by law in certain circumstances. But there is no general requirement for referendums on constitutional changes, as exists in some countries.

Past referendums

There have been three UK-wide referendums: two on membership of the European Union (voters opted to remain in 1975, but to leave in 2016); and one on the voting system for general elections (in 2011, leading to retention of First Past the Post).

Multiple referendums have taken place in Scotland and Wales on the relationship with Westminster. Referendums on creating devolved institutions failed in 1979, but passed in 1997. A 2011 vote in Wales extended the devolved institutions’ law-making powers. In 2014, voters in Scotland rejected independence from the UK.

Northern Ireland has likewise seen referendums on constitutional questions. A 1973 vote (the first large-scale referendum in the UK) asked whether Northern Ireland should stay in the UK or join the Republic of Ireland. In 1998, voters endorsed the Belfast/Good Friday Agreement, paving the way for peaceful devolved government. 

There have also been referendums on regional devolution in England: in London in 1998 (which passed) and in the North East in 2004 (which failed). And local referendums have been held on a variety of issues.

When referendums are required

Legislation requires referendums in some circumstances. The Secretary of State for Northern Ireland must call a referendum on Irish unification if they believe it likely that a majority of voters would support such unification. There is no equivalent provision for Scotland or Wales – though some say there should be.

Other legislation mandates that certain decisions cannot be taken without referendums. These include the UK government seeking to abolish the devolved institutions in Scotland or Wales, and local authorities seeking to raise council tax beyond set thresholds.

Arguments for and against referendums

A major Constitution Unit project on referendums identified key arguments in the debates for and against their use.

Referendums can allow the most fundamental questions about the shape of the state to be decided by people themselves, rather than their representatives. They can provide legitimacy for major decisions between elections. There is also, generally, public support for their use on some major policy decisions – such as constitutional ones.

On the other hand, referendums require often complex questions to be reduced to simple alternatives, and campaigns may intentionally or unintentionally increase polarisation around these options. The quality of information on and discussion of the options may also be poor, so that people subsequently come to regret the decisions reached. If the options on the ballot paper are not adequately worked through, the result may be an ambiguous instruction on a principle, which representative institutions then struggle to deliver.

The project concluded that referendums can be useful tools for maximising citizen participation. But it also argued that they should complement, not replace, other democratic or deliberative institutions. To maximise their benefits, and minimise their risks, they must be conducted fairly and effectively. The project recommended various changes to the conduct of referendums that could help that happen.