26 September 2023

UNITED KINGDOM: PS role in referendums questioned

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UNITED KINGDOM

A Commission appointed to draw up rules for future referendums in the United Kingdom has called for changes in the roles of Public Servants in the run-up to a vote.

The Commission, which included former Conservative Ministers Dominic Grive and Cheryl Gillan as well as a former Labour Minister Gisela Stuart, called for “wholesale” reform of referendum laws.

This included extending the period during which officials and special advisers could not publish any information related to the referendum debate, and a revision of the Civil Service Code to clarify what is expected of officials during a campaign.

The Commission also recommended that the Electoral Commission be given powers to hand out injunctions if the rules were breached.

This is the first major review of referendums since the Committee of Standards in Public Life undertook an examination in 1998 that led to the current legislation governing campaigns, the Political Parties, Elections and Referendums Act 2000.

The Commission has already briefed Cabinet Office officials and members of the Scottish and Welsh governments on its findings.

Chair of the Commission, Sir Joseph Pilling, a former Permanent Secretary of the Northern Ireland Office, said it was clear that referendums had become a key part of the democratic process.

“A lot has changed over the past 20 years,” Sir Joseph said.

“The rules governing the role and conduct of referendums are outdated, not least because of the rise of the internet and social media.”

He said the Commission’s recommendations stemmed from three core points.

“First, that referendums are best seen as co-existing alongside, rather than replacing, representative institutions; second, that they should be conducted in a way that is fair between the competing sides and effective in giving voters the information they want,” Sir Joseph said.

“Third, that the rules should keep up with rapid changes in online campaigning.”

London, 11 July 2018

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