A referendum is a direct vote in which an entire electorate is invited to vote on a particular proposal. In the United Kingdom, they have been used to decide major questions of constitutional significance.

While referendums are not a traditional feature of the UK’s system of representative democracy and parliamentary sovereignty, they have become an established, if infrequent, mechanism for seeking public approval for fundamental political change.

Any UK-wide referendum must be authorised by a specific act of parliament. This legislation sets out the question to be asked, the date of the vote, the franchise (who is eligible to vote) and the rules for the conduct of the campaign.

The case for referendums

Democracy/legitimacy

Proponents suggest that referendums represent the most authentic form of pure democracy, moving beyond the limitations of representative systems to seek the direct consent of the governed. Professor Vernon Bogdanor has argued that it is “illusory” in the modern world “to believe that you can confine legislative matters solely to parliamentarians”.

Entrenchment

In the UK’s uncodified constitution, referendums act as a “weapon of entrenchment.” Because an act of parliament can be repealed by a simple majority in the future, referendums provide a “moral” entrenchment.

Settling issues

They may resolve long-standing political issues that parliament cannot. The 1975 EEC referendum helped settle the European question which had divided the governing Labour Party.

Public engagement

Referendums can serve as a massive civic education exercise. The 2014 Scottish independence referendum achieved a significant 84.6% turnout.

The case against referendums

Tactical tool

Critics have argued that referendums can be used as a “tactical tool” by governments to heal party rifts (such as the 1975 EEC referendum) or to bypass opposition.

Undermining parliamentary sovereignty

It is argued that the use of direct democracy in the form of referendums can undermine the representative nature of British parliamentary democracy. A referendum result can create competing sources of sovereignty and therefore legislative deadlock. The Brexit referendum (2016) produced a majority in the country for leaving the European Union (EU). But this did not change the parliamentary arithmetic; MPs supported the ‘Remain’ campaign by a large majority. This constitutional tension was not resolved until the 2019 general election.

Tyranny of the majority

There is a risk that the rights or interests of minority groups can be overridden by populist sentiment.

Voter fatigue

Some referendums, like the Scottish independence (2014) example, can produce high voter engagement. Others, however, like the alternative vote referendum (2011), arguably contribute to a sense of voter fatigue. The 2011 AV referendum only saw a turnout of 42%.

Cost

A national referendum is a massive logistical undertaking, estimated to cost approximately £120 million – roughly the same as a general election.

How referendums work in the UK

Legal status

Due to the constitutional doctrine of parliamentary sovereignty, the result of a UK-wide referendum is technically advisory and not legally binding upon parliament. Parliament remains the supreme legal authority and must pass legislation to enact the result.

However, the political legitimacy derived from a direct democratic mandate is extremely powerful. It is widely acknowledged that it would be exceptionally difficult, and even politically illegitimate, for parliament to ignore a clear referendum result.

The role of the Electoral Commission

The Electoral Commission, the UK’s independent elections watchdog, has a crucial statutory role in the conduct of referendums. The commission, created in 2001 by the Political Parties, Elections and Referendums Act 2000, is responsible for commenting on the intelligibility of the proposed question to ensure it is clear and neutral.

The commission also registers the lead campaign groups for each side of the argument, known as “designated organisations.” These groups are entitled to higher spending limits, a public grant of up to £600,000 and broadcast opportunities. The commission monitors campaign spending and publishes the official result.

History of UK-wide referendums

There have been three UK-wide referendums in history.

European Economic Community (EEC) membership (1975)

Following the UK’s entry into the EEC in 1973, the Labour government under Harold Wilson as prime minister pledged to renegotiate the terms of membership and put them to a vote.

The referendum was called by Wilson largely to resolve deep internal divisions over Europe. Peter Kellner, a political analyst and pollster, has argued that the decision to hold the 1975 referendum “was a constitutional outrage” in that “it was wholly to do with holding the Labour Party together”. The campaign saw the normal rules of party politics suspended. The government was officially in favour of remaining in, but Wilson granted his ministers a rare ‘agreement to differ’, summarily suspending collective responsibility. Of the 23 members of Wilson’s cabinet, seven did not support the government’s pro-EEC position.

The ‘Yes’ campaign, officially the Britain in Europe (BIE) campaign, was a cross-party effort, led by the prime minister and most of his cabinet, the Conservative party under its new leader Margaret Thatcher, and the Liberal party. It argued that membership was vital for jobs, trade, and Britain’s influence in the world. Thatcher, however, had expressed opposition to the decision to hold the referendum. She referred to the referendum as “a device of dictators and demagogues”. (The Conservatives voted against the Referendum Act 1975 under her leadership).

The ‘No’ campaign, officially the National Referendum Campaign (NRC), was championed by senior Labour cabinet ministers such as Benn and Michael Foot, and the Conservative Enoch Powell.

Wilson hailed the result as a “historic decision”.

Home secretary Roy Jenkins, a prominent europhile, said: “It puts the uncertainty behind us. It commits Britain to Europe; it commits us to playing an active, constructive and enthusiastic role in it.”

• Date: 5 June 1975
• Question: “Do you think the United Kingdom should stay in the European Community (the Common Market)?”
• Result: The country voted decisively to remain a member. Yes: 67.2%, No: 32.8%.
• Turnout: 64.6%.

Alternative vote (AV) system (2011)

As part of the 2010 coalition agreement between the Conservative Party and the Liberal Democrats, a referendum was held on changing the voting system for UK general elections from first past the post (FPTP) to the alternative vote (AV).

Electoral reform was a flagship policy of the Liberal Democrats, who had long argued that FPTP was unfair to smaller parties. The referendum’s inclusion in the coalition deal was a significant concession on the part of the Conservatives. The proposal was hated by many of its MPs. This meant the political enthusiasm was clearly identifiable with the ‘No’ campaign throughout the contest.

This referendum led to the incongruous political situation of the two governing parties openly campaigning against each other. The ‘No’ campaign, led by senior Conservative figures, argued that AV was a complicated, expensive, and unfair system that could lead to the candidate who finished third in the first round ultimately winning and weak governments. The ‘No’ argument was also supported by key Labour figures such as John Prescott, Margaret Beckett and John Reid.

Cameron articulated the ‘No’ case in a campaign speech, delivered February 2011. In it, he questioned why supporters of “the BNP or Monster Raving Loony Party should get their votes counted more times than supporters of the Conservatives or for that matter Labour or Liberal Democrats.”

The ‘Yes’ campaign, championed by the Liberal Democrats and supported by the Labour leader Ed Miliband, argued that AV would make MPs work harder for votes, reduce the need for tactical voting, and ensure candidates had to secure broader support to win a seat.

The acrimonious campaign and the resounding defeat were major political blows to Clegg as deputy prime minister. It also marked an acute point of tension between the Conservatives and Liberal Democrats in the 2010-2015 parliament. The relationship between the two parties would never quite recover to its pre-referendum peak.

In his 2019 memoir, For the Record, Cameron suggested the anti-AV campaign could be summed up in three ‘Cs’: “costly”, “complicated” and “Clegg”.

He added: “I don’t look upon the victory with much fondness. It was, in the coalition story, a miserable little episode. And things between our parties would never quite be the same.”

• Date: 5 May 2011
• Question: “At present, the UK uses the ‘first past the post’ system to elect MPs to the House of Commons. Should the ‘alternative vote’ system be used instead?”
• Result: The proposal was emphatically rejected. No: 67.9%, Yes: 32.1%.
• Turnout: 42.2%.

European Union (EU) membership (2016)

Prime minister David Cameron had pledged in January 2013 to hold an in-out vote if the Conservatives won the 2015 election – a move designed, at least in part, to neutralise the growing electoral threat from the UK Independence Party (Ukip) and placate the eurosceptic wing of his own party.

After winning a majority in 2015, and following a limited renegotiation of the UK’s membership terms, Cameron set the date for the vote according to the European Union Referendum Act 2015. At this point, Cameron had already triumphed in two referendums on Scottish independence (2014) and electoral reform (2011).

The ensuing campaign was deeply divisive. The official ‘Britain Stronger in Europe’ campaign, supported by Cameron and the government, focused on the economic risks of leaving, warning of damage to trade, jobs, and household incomes.

The official ‘Vote Leave’ campaign, fronted by senior Conservatives such as Boris Johnson and Michael Gove and masterminded by Dominic Cummings, organised its strategy around slogan “Take Back Control” – arguing that leaving the EU was a chance to restore parliamentary sovereignty and curb immigration.

In the immediate aftermath of the result, which was confirmed in the early hours of 24 June, the value of the pound plummeted on financial markets. Later that morning, David Cameron announced his intention to resign as prime minister.

• Date: 23 June 2016
• Question: “Should the United Kingdom remain a member of the European Union or leave the European Union?”
• Result: The country voted to leave the European Union. Leave: 51.9%, Remain: 48.1%.
• Turnout: 72.2%.

Non-UK-wide referendums

NI border poll (1973)

The Northern Ireland border poll represented the first time that a major referendum had been held in any region of the United Kingdom. Marked by a mass boycott from the nationalist community, it duly produced an almost unanimous majority vote in favour of maintaining the Union with Britain.

The referendum was held at the height of the Troubles – a year after Edward Heath’s government had suspended the Stormont parliament and imposed direct rule from London. It was intended to reassure the unionist population that their place in the UK was secure, thereby creating space for a new power-sharing political settlement.

The secretary of state for Northern Ireland, William Whitelaw, said the goal of this strategy “was to take the border out of the day-to-day political scene”.

• Date: 8 March 1973
• Ballot paper: Two questions were asked. They were “Do you want Northern Ireland to remain part of the United Kingdom?” and “Do you want Northern Ireland to be joined with the Republic of Ireland outside the United Kingdom?”
• Result: A mass boycott by the nationalist community produced a near-unanimous verdict. Remain in the UK: 98.9%, Join the Republic: 1.08%.
• Turnout: 58.6%.

Scottish assembly (1979)

The first Scottish devolution referendum produced a paradoxical result. A majority of those who voted supported the creation of a Scottish assembly, but the proposal was thwarted by a controversial rule in the legislation.

The referendum was on the Scotland Act 1978, which was proposed by James Callaghan’s Labour government and set out a scheme for a Scottish assembly. The legislation was subject to an amendment, inserted by the anti-devolutionist Labour MP George Cunningham (a Scot who represented an English seat), which required at least 40% of the total registered electorate to vote ‘Yes’ for the Act to be implemented. The amendment was strongly opposed by the government, but it was passed by 166 votes to 151.

The amendment provided for a double test: a majority in favour of an assembly, and a substantial turnout.

On a turnout of 63.7%, the ‘Yes’ vote represented only 32.9% of the electorate, falling well short of the required threshold. Under the terms of Cunningham’s amendment, the Scotland Act 1978 was later repealed by a statutory instrument.

• Date: 1 March 1979
• Question: “Do you want the provisions of the Scotland Act 1978 to be put into effect?”
• Result: Scotland expressed a simple majority in favour of a devolved assembly, but the proposal was defeated due to the so-called “40% rule”. Yes: 51.6%, No: 48.4%.
• Turnout: 63.7%.

Welsh assembly (1979)

The first Welsh devolution referendum was on the Wales Act 1978, which was proposed by James Callaghan’s Labour government and set out a scheme for a Welsh assembly. The plan was for a 72-member Assembly elected by the first past the post system.

The referendum was held on St David’s Day 1979 – a fact Conservative MP Nicholas Edwards suggested was intended “to create a wave of patriotic enthusiasm, to build up an Arms Park atmosphere and to smother fact and argument in a simple appeal to Welsh loyalty”.

A powerful, cross-party ‘No’ campaign, which included prominent Labour figures such as Neil Kinnock, argued that a Welsh assembly would be an expensive, unnecessary layer of bureaucracy and a danger to the unity of the United Kingdom. It also capitalised on distrust between various areas and social groups.

The result washed the devolution issue off the political agenda in the immediate term.

• Date: 1 March 1979
• Question: “Do you want the provisions of the Wales Act 1978 to be put into effect?”
• Result: The Welsh assembly proposal was decisively rejected. Yes: 20.3%, No: 79.7%.
• Turnout: 58.8%.

Scottish parliament (1997)

The 1997 devolution referendum differed substantially from the vote held two decades previously in 1979, when Scotland’s appetite for a devolved legislature was first tested. The 1979 referendum was a post-legislative vote held on the scheme set out in the Scotland Act 1978, as proposed by James Callaghan’s Labour government.

The pre-legislative 1997 referendum also asked two separate questions: one to gauge opinion on the principle of a parliament and another to tackle its tax-raising powers. Separately, Scots were asked if they agreed “that there should be a Scottish Parliament” and “that a Scottish Parliament should have tax-varying powers”.

The bipartite plebiscite was a product of New Labour’s deliberations – and political anxieties. The tax-varying question was, in effect, a concession to Conservative criticism. Michael Forsyth, the secretary of state for Scotland from 1995 to 1997, had coined the term “Tartan Tax” to refer to the proposal that a Scottish parliament should have the power to vary income tax by 3 pence in the pound.

The official ‘Yes’ campaign, Scotland Forward (styled ‘Scotland FORward’), emerged from the political apparatus and culture of the cross-party Scottish Constitutional Convention (SCC). It was supported by Labour, the Liberal Democrats, and the Scottish National Party.

The official ‘No’ campaign, Think Twice, was headed by Brian Monteith, an ally of Forsyth (who had lost his seat at the 1997 election). It argued that a parliament would amount to an expensive, unnecessary, Union-threatening layer of bureaucracy.

• Date: 11 September 1997
• Question I: “Do you agree that there should be a Scottish parliament as proposed by the government?”
• Result: Voters overwhelmingly backed the devolution proposals. Yes: 74.3%, No: 25.7%.
• Question II: “Do you agree that a Scottish parliament should have tax-raising powers as proposed by the government?”
• Result: Voters backed the tax-raising scheme. Yes: 63.5%, No: 36.5%.
• Turnout: 60.2%.

Welsh assembly (1997)

The Welsh devolution referendum was a key pledge of Tony Blair’s new Labour government.

The 1997 campaign, Yes for Wales, was led by the Welsh secretary Ron Davies. It brought together Labour, Plaid Cymru and the Liberal Democrat politicians. The campaign argued that a Welsh assembly would provide Wales with a stronger voice and greater control over its domestic affairs.

The Conservative Party, which had been wiped out in Wales at the general election, led the Just Say NO campaign. Anti-devolution activists argued that an assembly would be an expensive “talking shop” and threaten the unity of the UK.

The campaign claimed the assembly would cost in the region of £50 million. This figure was first advanced by William Hague during his tenure at the Wales Office.

Unsurprisingly, the ‘No’ campaign was hampered by the fact that no Welsh MPs rallied to the cause. It stood in stark contrast to the extremely effective anti-devolution operation in 1979, which included prominent Labour figures such as Neil Kinnock.

Victory for the ‘Yes’ campaign was only secured by a majority of 6,721 votes.

• Date: 18 September 1997
• Ballot paper: Voters were asked to check one of the following options: “I agree there should be a Welsh Assembly” or “I do not agree there should be a Welsh assembly”.
• Result: Voters marginally supported the devolution proposals. Yes: 50.3%, No: 49.7%.
• Turnout: 50.2%.

Good Friday Agreement (1998)

The Good Friday Agreement (GFA), also known as the Belfast Agreement, established a new political framework designed to end 30 years of violent conflict and create a lasting and inclusive settlement.

A referendum was held to secure/confirm popular support for the proposed scheme. The GFA’s central pillar was the creation of a new, devolved Northern Ireland Assembly and a power-sharing executive, inviting unionists and nationalists to govern together.

The only major party to campaign against the agreement was the Democratic Unionist Party (DUP).

• Date: 22 May 1998
• Question: “Do you support the agreement reached at the multi-party talks on Northern Ireland and set out in Command Paper 3883?”
• Result: Northern Ireland overwhelmingly voted to support the GFA. Yes: 71.1%, No: 28.9%.
• Turnout: 81.1%.

North East devolution (2004)

The North East England devolution referendum saw voters reject the Labour government’s plan to establish an elected regional assembly with limited political powers devolved from the UK parliament.

The referendum, the first major vote of its kind to be overseen by the Electoral Commission, was conducted entirely by postal ballot under the provisions of the Regional Assemblies (Preparations) Act 2003.

The 2004 vote is sometimes referred to as the “forgotten referendum”. It has also been characterised as the “first contemporary election”.

The Yes4theNorthEast campaign, spearheaded by John Prescott as deputy prime minister, cited the endorsement of local celebrities, including Paul Gascoigne. “We need a strong voice for the northeast”, Gazza said. “We want to keep our kids in Newcastle so they don’t have to go to London for jobs. It’s about giving our kids a chance.”

The successful ‘No’ campaign, North East Says No (Nesno), was led by local businessman John Elliott. Its strategic direction, however, was heavily influenced by Dominic Cummings, who served as Nesno’s campaign director. Nesno questioned the cost, power and necessity of the proposed institution. Its core arguments centred on the fact that the assembly would have limited real powers, arguing that it would be an expensive “white elephant” and disproportionately centralised around Newcastle upon Tyne.

The campaign pitted the public against the political establishment. Its populist messaging would later be associated with the successful Vote Leave campaign in the 2016 referendum on Britain’s membership of the European Union (EU).

• Date: 4 November 2004
• Question: “Should there be an elected assembly for the North East region?”
• Result: The North East voted to reject the assembly proposals. Yes: 22.1%, No: 77.9%.
• Turnout: 47.7%.

Scottish independence (2014)

The Scottish independence referendum was a central pledge of the Scottish National Party, which won an unprecedented overall majority in the Scottish parliament election of 2011. This mandate precipitated negotiations between the SNP-led administration and the UK Conservative-Liberal Democrat coalition government.

The 2012 Edinburgh Agreement, signed by prime minister David Cameron and first minister Alex Salmond, set out the legal framework (a Section 30 order) for the Scottish parliament to hold a single-question referendum. The agreement also provided for the franchise to be extended, for the first time, to 16 and 17-year-olds.

The ‘Yes Scotland’ or ‘Yes’ campaign was led by Salmond and the SNP. It combined an emotional appeal to Scottish nationhood with pledges to forge a more equitable society.

The cross-party ‘Better Together’ (‘No’) campaign, led by former chancellor Alistair Darling, included the Conservative, Labour, and Liberal Democrat parties. It launched a series of practical and economic arguments against Scottish independence.

The comfortable ‘No’ victory led to Salmond’s resignation as first minister and SNP leader. He was succeeded by his protégé (later nemesis) Nicola Sturgeon.

In late September 2014, Cameron said the Queen “purred down the line” when he informed her of the referendum result. The prime minister was overheard delivering the remark while in conversation with former New York mayor Michael Bloomberg.

• Date: 18 September 2014
• Question: “Should Scotland be an independent country?”
• Result: Scotland voted to reject independence. Yes: 44.7%, No: 55.3%.
• Turnout: 84.6%.

Possible future referendums

Scottish independence

Following the UK’s departure from the European Union, the SNP has repeatedly stated its intention to hold a second independence referendum.

The UK government at Westminster has maintained that the issue was settled in 2014 and has refused to grant the Section 30 order required to give the Scottish parliament the legal authority to hold another vote. In November 2022, the UK supreme court ruled that the Scottish Parliament does not have the power to legislate for an independence referendum without the consent of the UK Parliament.

NI border poll

The Good Friday Agreement includes a provision for the secretary of state for Northern Ireland to call a referendum on whether Northern Ireland should cease to be part of the United Kingdom and form a united Ireland.

The secretary of state is obligated to call a poll “if at any time it appears likely to him that a majority of those voting would express a wish that Northern Ireland should cease to be part of the United Kingdom and form part of a united Ireland.”

The prospect of such a poll remains a central issue in Northern Irish politics. Nationalist parties, most notably Sinn Féin and the Social Democratic and Labour Party (SDLP), continue to campaign for a united Ireland.

On 3 February 2024, the restoration of devolved government in Northern Ireland resulted in Michelle O’Neill’s appointment as first minister. O’Neill of Sinn Féin became the first nationalist to hold the post since the creation of Northern Ireland in 1921. O’Neill’s appointment followed the 2022 Northern Ireland Assembly election, which returned Sinn Féin as the largest party. It marked the first time that an Irish nationalist party won the most seats in an assembly election. The DUP’s vote share fell by almost 7%.

Quotes

“Would the right honourable gentleman wish to put capital punishment to the test of a referendum? Of course he would not, because he is prepared to choose the cases on which he consults the people, according to the convenience of the government. Perhaps the late Lord Attlee was right when he said that the referendum was a device of dictators and demagogues.” – Margaret Thatcher addressing the commons in March 1975.

“It is right that the electorate should be consulted before changes of such magnitude are implemented, but they should be asked for their opinion when all our questions have been answered, when all the details are known, when the legislation has been finally tempered and scrutinised in the House, and when Parliament has debated and decided…The people of Scotland and Wales will be asked to give their consent to devolution in principle and to trust Ministers to sort out the details afterwards. Indeed, things are even worse than that. The Government intend to curtail Parliament’s ability to perform its proper function. A prelegislative referendum is designed to pre-empt parliamentary debate. It is not a new device. The device was the hallmark of continental dictatorships between the wars.” – Michael Howard, the shadow home secretary, addressing the commons in May 1997.

“Simply asking the British people to carry on accepting a European settlement over which they have had little choice is a path to ensuring that when the question is finally put – and at some stage it will have to be – it is much more likely that the British people will reject the EU. That is why I am in favour of a referendum. I believe in confronting this issue – shaping it, leading the debate. Not simply hoping a difficult situation will go away.” – David Cameron delivering his Bloomberg speech in January 2013

“The greatest regret is that we lost the referendum, that I didn’t prevail, that we could’ve fought perhaps a better campaign, we could have conducted perhaps a better negotiation – perhaps the timing wasn’t right – and that I didn’t take the country with me on what I thought was a really important issue. I think the biggest mistake was letting expectations about what a renegotiation of Britain’s position in the European Union could achieve.” – David Cameron speaking to NPR, 2019.

Additional resources

• The Electoral Commission: https://www.electoralcommission.org.uk/
• UK Referendums ​​– Arguments for and against: https://publications.parliament.uk/pa/ld200910/ldselect/ldconst/99/9904.htm
• House of Commons Report – Referendums: https://researchbriefings.files.parliament.uk/documents/CBP-7692/CBP-7692.pdf