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Theresa May is wrong to claim there's no time for a people’s vote – here’s how we can easily make it happen within months

This first bill we are proposing could be processed through both houses of parliament in just a few days

Paul Tyler
Monday 21 January 2019 13:32 GMT
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Our proposed target of some 16-17 weeks for a people’s vote is modest compared with previous experience
Our proposed target of some 16-17 weeks for a people’s vote is modest compared with previous experience (Reuters)

In politics the constraints of time all too often override the considerations of principle and practicality. That is where we are this week: the prime minister is desperately trying to delay firm decision-making by MPs, in the hope that they will be forced to accept that her bad deal is less disastrous than a crash-out no deal.

Ministers are also seeking to head off the increasingly strident, cross-party backing of the Liberal Democrat call for a people’s vote – where the public are given the chance to weigh up the government’s Brexit option against the advantages of staying in the EU on current terms. This is being fought with claims by the government that “there isn’t time”. Their back-of-an-envelope estimate, with no supporting evidence, is that the legislation and campaign would take 12 months.

Our cross-party drafting of legislation, by contrast, took advice from the UCL Constitution Unit and listened to the recommendations of the Electoral Commission and the Information Commissioner’s Office. In addition, we had the unparalleled expertise and experience of the former clerk to the Commons, Lord Lisvane, as part of our reference group. To avoid the unnecessary delays anticipated by ministers, we prepared a simple, two-clause “paving bill”, which would allow the Electoral Commission to begin necessary preparatory work without having to wait for the main bill to get royal assent and become law.

On previous experience, this first bill could be processed through both houses of parliament in just a few days – meaning it could be effective by next week.

The rest of the process could then proceed in parallel. Following the presentation of our draft bills last week, I and my Liberal Democrat colleagues have prepared an outline timetable for a people’s vote for the consideration of ministers. This shows that the polling day could take place as early as May, before the planned elections to the European parliament.

Since the UK would need the other 27 EU member states, the European parliament and the commission to be sympathetic to postponing the Article 50 deadline, it would be clearly desirable not to cause avoidable disruption to their election timetable.

Our proposed target of some 16-17 weeks for a people’s vote is modest compared with previous experience: the Referendums (Scotland and Wales) Bill started in the Commons on 15 May 1997 – and even with a long summer recess in between – the poll took place on 11 September 1997. In 1975, as I recall, the whole process for the referendum on European Communities membership took even less time.

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Of course, it would have been preferable to have started sooner. Had Theresa May had the “meaningful vote” which was set to take place on 11 December last year as promised, we would have been much further forward now, being six weeks along the preparatory process.

The specific relevance to this week’s developments in the Commons is simply this: if – as seems to be the case with May’s deal now defeated – there is now more support across the house for a people’s vote rather than any other option, then there is really no practical or timing obstacle. What is lacking is political will. The only thing standing in the way is the prime minister and Jeremy Corbyn.

Lord Paul Tyler is Liberal Democrat spokesperson for constitutional and political reform

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