Referendums (Scotland) Bill

Author: Sarah Atherton, Iain McIver and Iain Thom

PDF Published: Wednesday 19 Jun 2019 (SB19-41)

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Overview
Report

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Overview
Report
- Introduction
- Can the Parliament legislate for referendums?
  - A referendum on independence?
- Background to UK legislation on referendums
- Background to the introduction of the Bill
- The Referendums (Scotland) Bill
  - Section 1: Power to provide for referendums
  - Section 2: Application of the Act
  - Section 3: Referendum questions
  - Franchise
  - Voting
  - Conduct rules
  - Campaign rules
    
    The referendum period
    
    Permitted participants and designated organisations
    
    Campaign finance: spending and expense limits
    
    The relevant period: restrictions on public authorities
    
    Donations
- How does the Bill compare to existing legislation?
  - The Scottish Independence Referendum Act 2013 and the Scottish Independence Referendum (Franchise) Act 2013
  - The Political Parties, Elections and Referendums Act 2000
  - The European Union Referendum Act 2015
- Lessons from referendums
  - House of Lords Select Committee on the Constitution
  - The Law Commissions
  - House of Commons Public Administration and Constitutional Affairs Committee
  - The Independent Commission on Referendums
Sources

Image: Timeline for referendums

The Scottish Parliament. (2018, May 28). Statements on legislative competence. Retrieved from https://www.parliament.scot/S5_Bills/Referendums%20(Scotland)%20Bill/SPBILL46LCS052019.pdf [accessed 9 June 2019]

The Scottish Parliament. (2019, May 29). Official Report, Next Steps in Scotland's Future. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=12125 [accessed 05 June 2019]

House of Commons Scottish Affairs Select Committee. (2012, August 7). The Referendum on Separation for Scotland: making the process legal. Retrieved from http://www.publications.parliament.uk/pa/cm201213/cmselect/cmscotaf/542/542.pdf

legislation.gov.uk. (1998, November 19). The Scotland Act 1998, Section 30 (2). Retrieved from https://www.legislation.gov.uk/ukpga/1998/46/section/30

Official Report of the Scottish Parliament. (2019, April 24). Brexit and Scotland's Future. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=12053&i=109040 [accessed 3 May 2019]

The Commission on the Conduct of Referendums. (1996, November 21). Report of the Commission on the Conduct of Referendums , page 6. Retrieved from https://www.ucl.ac.uk/political-science/publications/unit-publications/7.pdf [accessed 04 June 2019]

Commission on the Conduct of Referendums. (1996, November 21). Report of the Commission on the Conduct of Referendums , page 26. Retrieved from https://www.ucl.ac.uk/political-science/publications/unit-publications/7.pdf [accessed 04 June 2019]

Fifth Report of the Committee on Standards in Public Life. (, October 1998). Retrieved from https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/336870/5thInquiry_FullReport.pdf [accessed 04 June 2019]

The Scottish National Party. (2016, April 20). Manifesto for the 2016 Scottish Parliament elections. Retrieved from https://d3n8a8pro7vhmx.cloudfront.net/thesnp/pages/5540/attachments/original/1461753756/SNP_Manifesto2016-accesible.pdf?1461753756 [accessed 04 June 2019]

The Scottish Parliament. (2017, March 28). The Official Report. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10869 [accessed 04 June 2019]

The Scottish Parliament. (2019, April 24). The Official Report. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=12053&i=109040 [accessed 04 June 2019]

The Scottish Parliament. (2019, April 24). The Official Report, Brexit and Scotland's Future. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=12053&i=109040 [accessed 05 June 2019]

The Scottish Government. (2019, May 28). Referendums (Scotland) Bill Policy Memorandum, paragraph 26. Retrieved from https://www.parliament.scot/S5_Bills/Referendums%20(Scotland)%20Bill/SPBill46PMS052019.pdf [accessed 04 June 2019]

The Scottish Parliament. (2019, June 28). Referendums (Scotland) Bill Policy Memorandum, paragraph 11. Retrieved from https://www.parliament.scot/S5_Bills/Referendums%20(Scotland)%20Bill/SPBill46PMS052019.pdf [accessed 05 June 2019]

The Electoral Commission. (2016, September). The 2016 EU Referendum: Report on the 23 June 2016 referendum on the UK's membership of the European Union, page 11. Retrieved from https://www.electoralcommission.org.uk/__data/assets/pdf_file/0008/215279/2016-EU-referendum-report.pdf [accessed 08 June 2019]

Renwick, A., Russell, M., & Sargeant, J. (2018, August 30). How long would it take to hold a second referendum on Brexit?. Retrieved from https://constitution-unit.com/2018/08/30/how-long-would-it-take-to-hold-a-second-referendum-on-brexit/ [accessed 08 June 2019]

The Scottish Government. (2019, May 28). Referendums Scotland Bill Policy Memorandum, paragraph 25. Retrieved from https://www.parliament.scot/S5_Bills/Referendums%20(Scotland)%20Bill/SPBill46PMS052019.pdf [accessed 04 June 2019]

The Electoral Commission. (2007). Scottish elections 2007 The independent review of the Scottish Parliamentary and local government elections 3 May 2007. Retrieved from http://www.electoralcommission.org.uk/__data/assets/electoral_commission_pdf_file/0011/13223/Scottish-Election-Report-A-Final-For-Web.pdf [accessed 10 May 2017]

Legislation.gov.uk. (n.d.) The European Union Referendum Act 2015, Explanatory Notes - legal background. Retrieved from http://www.legislation.gov.uk/ukpga/2015/36/notes/division/4/index.htm [accessed 04 June 2019]

Tierney, S. (2012). Constitutional Referendums, Framing the Substantive Issue in Constitutional Referendums. Oxford: Oxford University Press.

The Scottish Parliament. (2018, December 14). Answer to written question S5W-20590. Retrieved from https://www.parliament.scot/parliamentarybusiness/28877.aspx?SearchType=Simple&Keyword=prisoner voting&ExactPhrase=True&DateChoice=3&SortBy=DateSubmitted&ResultsPerPage=10 [accessed 05 June 2019]

Legislation.gov.uk. (2013, December 17). The Scottish Independence Referendum Act 2013; Schedule 4, paragraph 18(2). Retrieved from http://www.legislation.gov.uk/asp/2013/14/schedule/4/paragraph/18/enacted [accessed 06 June 2019]

The Electoral Commission. (2016, April 28). Spending for EU Referendum Campaigners, page 4. Retrieved from http://www.electoralcommission.org.uk/__data/assets/pdf_file/0006/194586/Spending-for-EU-referendum-campaigners.pdf [accessed 06 June 2019]

The Electoral Commission. (2016, March 3). The Designation Process. Retrieved from http://www.electoralcommission.org.uk/__data/assets/pdf_file/0005/194594/Designation-process-for-the-EU-referendum.pdf [accessed 06 June 2019]

The Scottish Government. (2012, January 25). Your Scotland Your Referendum Consultation, paragraph 3.6. Retrieved from https://www.webarchive.org.uk/wayback/archive/20170113021423/http://www.gov.scot/Publications/2012/01/1006/downloads [accessed 6 June 2019]

The Scottish Parliament Information Centre. (2013, September 11). Scottish Independence Referendum Bill briefing. Retrieved from http://www.parliament.scot/ResearchBriefingsAndFactsheets/SB_13-57.pdf [accessed 10 June 2019]

The Electoral Commission. (2016, April 28). Overview: Spending for EU referendum campaigners, page 8. Retrieved from https://www.electoralcommission.org.uk/__data/assets/pdf_file/0006/194586/Spending-for-EU-referendum-campaigners.pdf [accessed 07 June 2019]

The Electoral Commission. (2013, January 24). Electoral Commission advice on spending limits for the referendum on independence for Scotland. Retrieved from http://www.electoralcommission.org.uk/__data/assets/pdf_file/0004/153697/Report-on-spending-limits-for-the-referendum-on-independence-for-Scotland.pdf [accessed 2019 June 07]

The Electoral Commission. (2011). Referendum on the voting system for UK parliamentary elections: Report on the May 2011 referendum. Electoral Commission official report of the AV referendum.

The Electoral Commission. (2014, December). Scottish Independence Referendum: Report on the referendum held on 18 September 2014, page 18. Retrieved from https://www.electoralcommission.org.uk/__data/assets/pdf_file/0010/179812/Scottish-independence-referendum-report.pdf [accessed 08 June 2019]

House of Commons Hansard. (2016, November 1). Public Administration and Constitutional Affairs Committee Oral evidence: Lessons Learned from the EU Referendum, Q120-Q121. Retrieved from http://data.parliament.uk/writtenevidence/committeeevidence.svc/evidencedocument/public-administration-and-constitutional-affairs-committee/lessons-learned-from-the-eu-referendum/oral/42639.pdf [accessed 08 June 2019]

House of Commons Public Administration and Constitutional Affairs Committee. (2016, November 1). Oral evidence to the inquiry 'Lessons learned from the EU referendum', Q199. Retrieved from http://data.parliament.uk/WrittenEvidence/CommitteeEvidence.svc/EvidenceDocument/Public%20Administration%20and%20Constitutional%20Affairs%20Committee%20/Lessons%20learned%20from%20the%20EU%20Referendum/oral/42639.html [accessed 6 June 2019]

The Electoral Commission. (n.d.) What is the Electoral Commission's role in referendums. Retrieved from https://www.electoralcommission.org.uk/faq/referendums/what-is-the-electoral-commissions-role-in-referendums [accessed 05 June 2019]

House of Lords Select Committee on the Constitution. (201, April 12). 12 Report of Session 2009-10, Referendums in the United Kingdom, paragraph 154. Retrieved from https://publications.parliament.uk/pa/ld200910/ldselect/ldconst/99/99.pdf [accessed 04 June 2019]

Power, S. (2018, March 27). British election spending laws explained – and why they need updating. Retrieved from http://theconversation.com/british-election-spending-laws-explained-and-why-they-need-updating-93980 [accessed 2019 June 2019]

Electoral Reform Society. (2018, March 22). Democracy campaigners call for urgent review of campaign law in wake of Cambridge Analytica scandal. Retrieved from https://www.electoral-reform.org.uk/latest-news-and-research/media-centre/press-releases/democracy-campaigners-call-for-urgent-review-of-campaign-law-in-wake-of-cambridge-analytica-scandal/ [accessed 2019 June 2019]

Clark, A., & James, T. (2016, August 22). n Evaluation of Electoral Administration at the EU Referendum. Retrieved from https://www.electoralcommission.org.uk/__data/assets/pdf_file/0008/214991/A-Clark-and-T-S-James,-Electoral-Administration-at-the-EU-Referendum-September-2016.pdf [accessed 8 June 2019]

The Scottish Parliament. (2019, May 28). Referendums (Scotland) Bill Policy Memorandum, paragraph 16. Retrieved from https://www.parliament.scot/S5_Bills/Referendums%20(Scotland)%20Bill/SPBill46PMS052019.pdf [accessed 6 June 2019]

House of Lords Select Committee on the Constitution. (2010, April 7). 12th Report of Session 2009-10, Referendums in the United Kingdom, paragraph 62. Retrieved from https://publications.parliament.uk/pa/ld200910/ldselect/ldconst/99/99.pdf [accessed 17 June 2019]

House of Commons Public Administration and Constitutional Affairs Committee. (2016, September). Written evidence to the PACAC inquiry 'Lessons learned from the EU Referendum'. Retrieved from http://data.parliament.uk/WrittenEvidence/CommitteeEvidence.svc/EvidenceDocument/Public%20Administration%20and%20Constitutional%20Affairs%20Committee%20/Lessons%20learned%20from%20the%20EU%20Referendum/written/36892.html [accessed 06 June 2019]

House of Lords Select Committee on the Constitution. (2010, April 7). 12th Report of Session 2009-10, Referendums in the United Kingdom, paragraph 94. Retrieved from https://publications.parliament.uk/pa/ld200910/ldselect/ldconst/99/99.pdf [accessed 04 June 2019]

House of Lords Select Committee on the Constitution. (2010, April 07). 12th Report of Session 2009-10, Referendums in the United Kingdom, paragraph 62. Retrieved from https://publications.parliament.uk/pa/ld200910/ldselect/ldconst/99/99.pdf [accessed 04 June 2019]

The House of Lords. (2010, April 7). 12th Report of Session 2009-10, Referendums in the United Kingdom, Chapter 2. Retrieved from https://publications.parliament.uk/pa/ld200910/ldselect/ldconst/99/99.pdf [accessed 06 June 2019]

House of Lords Select Committee on the Constitution. (2010, April 7). 12 Report of Session 2009-10, Referendums in the United Kingdom, paragraph 154. Retrieved from https://publications.parliament.uk/pa/ld200910/ldselect/ldconst/99/99.pdf [accessed 04 June 2019]

Law Commission, Scottish Law Commission, Northern Ireland Law Commission. (2014, December). Electoral Law, a joint consultation paper. Retrieved from https://s3-eu-west-2.amazonaws.com/lawcom-prod-storage-11jsxou24uy7q/uploads/2015/03/cp218_electoral_law.pdf [accessed 06 June 2019]

Law Commission, Scottish Law Commission, Northern Ireland Law Commission, paragraph 1.12. (2014, December). Electoral Law, Joint Consultation Paper. Retrieved from https://s3-eu-west-2.amazonaws.com/lawcom-prod-storage-11jsxou24uy7q/uploads/2015/03/cp218_electoral_law.pdf [accessed 06 June 2016]

Law Commission, Scottish Law Commission, Northern Ireland Law Commission. (2016, February 4). Electoral Law: a joint interim report, paragraph 14.4. Retrieved from http://www.lawcom.gov.uk/app/uploads/2016/02/electoral_law_interim_report.pdf [accessed 08 June 2019]

Law Commission, Scottish Law Commission and Northern Ireland Law Commission. (2016, February 4). Electoral Law Summary of Interim Report, paragraph 104. Retrieved from https://s3-eu-west-2.amazonaws.com/lawcom-prod-storage-11jsxou24uy7q/uploads/2016/02/electoral_law_interim_report_summary.pdf [accessed 06 June 2019]

The Electoral Commission. (2016, September). The 2016 EU Referendum: Report on the 23 June 2016 referendum on the UK's membership of the European Union, page 10. Retrieved from https://www.electoralcommission.org.uk/__data/assets/pdf_file/0008/215279/2016-EU-referendum-report.pdf [accessed 08 June 2019]

House of Commons. (2017, March 7). Twelfth Report of Session 2016-17, Lessons learned from the EU referendum, paragraph 11. Retrieved from https://publications.parliament.uk/pa/cm201617/cmselect/cmpubadm/496/496.pdf [accessed 06 June 2019]

Professor Stephen Tierney. (2016, September). Written evidence to the PACAC inquiry 'Lessons learned from the EU Referendum'. Retrieved from http://data.parliament.uk/WrittenEvidence/CommitteeEvidence.svc/EvidenceDocument/Public%20Administration%20and%20Constitutional%20Affairs%20Committee%20/Lessons%20learned%20from%20the%20EU%20Referendum/written/36892.html [accessed 06 June 2019]

House of Commons. (2017, March 7). Twelfth Report of the 2009-10 Session, Lessons learned from the EU Referendum, paragraph 19. Retrieved from https://publications.parliament.uk/pa/cm201617/cmselect/cmpubadm/496/496.pdf [accessed 06 June 2019]

The Electoral Commission. (2016, December 14). Oral evidence to PACAC inquiry 'Lessons learned from the EU Referendum', Q264-265. Retrieved from http://data.parliament.uk/WrittenEvidence/CommitteeEvidence.svc/EvidenceDocument/Public%20Administration%20and%20Constitutional%20Affairs%20Committee%20/Lessons%20learned%20from%20the%20EU%20Referendum/oral/44512.html [accessed 06 June 2019]

House of Commons Public Administration and Constitutional Affairs Committee. (2017, March 7). Twelfth report of Session 2016-17: Lessons learned from the EU Referendum, paragraph 51. Retrieved from https://publications.parliament.uk/pa/cm201617/cmselect/cmpubadm/496/496.pdf [accessed 08 June 2019]

House of Commons Public Administration and Constitutional Affairs Committee. (2017, March 7). Twelfth Report of the Session 2016-17: Lessons learned from the EU Referendum, paragraph 60. Retrieved from https://publications.parliament.uk/pa/cm201617/cmselect/cmpubadm/496/496.pdf [accessed 08 June 2018]

House of Commons. (2017, March 7). Twelfth Report of the 2009-10 Session, Lessons learned from the EU Referendum, paragraph 133. Retrieved from https://publications.parliament.uk/pa/cm201617/cmselect/cmpubadm/496/496.pdf [accessed 18 June 2019]

The Independent Commission on Referendums, Constitution Unit UCL. (2018, July). No title Retrieved from https://www.ucl.ac.uk/constitution-unit/sites/constitution-unit/files/182_-_independent_commission_on_referendums.pdf [accessed 04 June 2019]

The Independent Commission on Referendums, the Constitution Unit, UCL. (2018, July). Report of the Independent Commission on Referendums, Executive summary. Retrieved from https://www.ucl.ac.uk/constitution-unit/sites/constitution-unit/files/EC_and_C_and_R_-_ICR_Final_Report.pdf [accessed 08 June 2019]

The Independent Commission on Referendums, The Constitution Unit, UCL. (2018, July). Report of the Independent Commission on Referendums, Executive Summary. Retrieved from https://www.ucl.ac.uk/constitution-unit/sites/constitution-unit/files/EC_and_C_and_R_-_ICR_Final_Report.pdf [accessed 8 June 2019]

Last Updated: 25/4 1:10pm

Image: Timeline for referendums

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