Mar 7th 2019

What if England voted to leave the EU in a second referendum but the rest of the UK wanted to stay?

 

 

The Brexit process has exacerbated many of the disunities within the UK’s territorial constitution. Division rules at Westminster, Stormont remains deadlocked, and the Scottish National Party is poised to call for a second independence referendum. Meanwhile, polling in England suggests that many people think breaking up the UK is perhaps a price worth paying to deliver Brexit.

Throughout the Brexit process, the prime minister has reiterated her desire to secure a deal that “strengthens the bonds” that unite the four component parts of the UK – England, Wales, Scotland and Northern Ireland. From the outset, however, this has proven to be more a false promise than a political reality.

At the referendum, only two of the four component parts of the UK – England and Wales – voted to leave the EU. This was enough to swing an overall UK-wide majority in favour of leave, but it went against the will of the Scottish and Northern Irish electorate. In both these parts of the country, significant majorities voted to remain – 62% and 55.8%, respectively.

Despite this, the UK government interpreted the result as reflecting a position of UK-wide solidarity. The UK would leave the EU “as one”, with no differentiated deals for any part of the UK.

Nevertheless, the devolved administrations have routinely highlighted the need for any deal to reflect the opinion of each of the component parts of the UK, and for the devolved administrations to play an active role in deliberations. To date, the role of the devolved administrations in this process has been limited, and subject to the final decision-making power of the UK government.

A second referendum?

All this raises the question of how things would shake out in a second referendum. It is relatively safe to assume that majorities in Scotland and Northern Ireland would vote to remain, were it an option on the ballot. And despite its original vote, a recent opinion poll, suggests Wales would now also vote to remain. But there is far less certainty about England.

This creates the dilemma that if England votes contrary to the rest of the UK, the fallout could further reaffirm the incongruity of territorial politics in the UK. On the one hand, should England’s vote be lost within a UK-wide majority that matches the vote in the devolved nations, the demands for an English “voice” within the Union would likely gain additional traction. This is doubly significant as Brexit has been interpreted as an expression of English nationalism which, if suppressed in a second vote, may pose further problems down the line.

On the other hand, if England’s vote swings the overall UK result in its favour, the devolved administrations would once again see their choice unrepresented in a “national” vote.

Under this scenario, if the UK government were to again follow the will of only part of the UK, and fail to effectively address the arguments of the devolved administrations, the constitutional repercussions could be severe. Such a scenario could hand significant capital to nationalist groups, adding fuel to the SNP’s demands for a fresh independence vote, as well as likely bolstering support for nationalists in Wales.

Even if every part of the UK voted to remain, it is likely that events of the past few years will still leave their mark. While this scenario may promise a short-term fix, it is unlikely to provide a long-term solution to the UK’s constitutional woes. The UK government’s actions throughout the Brexit process will serve as a lasting reminder to those in the devolved parts of the UK – particularly the nationalists – of their lack of equality within the territorial constitution.

Events such as the UK government’s decision to pass the EU (Withdrawal) Act without securing the consent of the Scottish government, the limited reference to the devolved parts of the UK in the draft withdrawal agreement, and the threats that have been allowed to emerge to the Good Friday Agreement and the Irish border, each leave a lasting precedent of vulnerability and distrust in the minds of the devolved administrations.

With this in mind, it is unlikely that a second referendum will deliver salvation for the Union. Instead, there needs to be a much broader and long-lasting change in Westminster culture. The UK government needs to promote the equality and security of the UK’s component parts in the decision-making process and provide for the security of the devolution settlements. Considering the current political landscape, it appears that only through such long-lasting changes will Brexit potentially strengthen the bonds of the United Kingdom.

 

Gareth Evans, Lecturer in Law, Staffordshire University

This article is republished from The Conversation under a Creative Commons license. Read the original article.

Browse articles by author

More Current Affairs

Jul 5th 2008

The main French defense manufacturer called a group of experts and some economic journalists together a few years ago to unveil a new military helicopter. They wanted us to choose a name for it and I thought I had the perfect one: "The Frog".

Jul 4th 2008

"Would it not make eminent sense if the European Union had a proper constitution comparable to that of the United States?" In 1991, I put the question on camera to Otto von Habsburg, the father-figure of the European Movement and, at the time, the most revere

Jun 29th 2008

Ever since President George W. Bush's administration came to power in 2000, many Europeans have viewed its policy with a degree of scepticism not witnessed since the Vietnam war.

Jun 26th 2008

As Europe feels the effects of rising prices - mainly tied to energy costs - at least one sector is benefiting. The new big thing appears to be horsemeat, increasingly a viable alternative to expensive beef as desperate housewives look for economies.

Jun 26th 2008

What will the world economy look like 25 years from now? Daniel Daianu says that sovereign wealth funds have major implications for global politics, and for the future of capitalism.

Jun 22nd 2008

Winegrower Philippe Raoux has made a valiant attempt to create new ideas around the marketing of wines, and his efforts are to be applauded.

Jun 16th 2008

One of the most interesting global questions today is whether the climate is changing and, if it really is, whether the reasons are man-made (anthropogenic) or natural - or maybe even both.

Jun 16th 2008

After a century that saw two world wars, the Nazi Holocaust, Stalin's Gulag, the killing fields of Cambodia, and more recent atrocities in Rwanda and now Darfur, the belief that we are progressing morally has become difficult to defend.

Jun 16th 2008

BRUSSELS - America's riveting presidential election campaign may be garnering all the headlines, but a leadership struggle is also underway in Europe. Right now, all eyes are on the undeclared frontrunners to become the first appointed president of the European Council.

Jun 16th 2008

JERUSALEM - Israel is one of the biggest success stories of modern times.

Jun 16th 2008

The contemporary Christian Right (and the emerging Christian Left) in no way represent the profound threat to or departure from American traditions that secularist polemics claim. On the contrary, faith-based public activism has been a mainstay throughout U.S.

Jun 16th 2008

BORDEAUX-- The windows are open to the elements. The stone walls have not changed for 800 years. The stairs are worn with grooves from millions of footsteps over the centuries.

May 16th 2008
We know from experience that people suffer, prisons overflow and innocent bystanders are injured or killed in political systems that ban all opposition. I witnessed this process during four years as a Moscow correspondent of The Associated Press in the 1960s and early 1970s.
May 16th 2008
Certainly the most important event of my posting in Moscow was the Soviet-led invasion of Czechoslovakia. It established the "Brezhnev Doctrine", defining the Kremlin's right to repress its client states.
Jan 1st 2008

What made the BBC want to show a series of eight of our portrait films rather a long time after they were made?

There are several reasons and, happily, all of them seem to me to be good ones.