Katana VentraIP

2016 United Kingdom European Union membership referendum

On 23 June 2016, a narrow majority of the United Kingdom (UK) and Gibraltar electorate voted for the country's withdrawal from the European Union (EU), commonly termed "Brexit".

Since 1973, the UK had been a member state of the EU and its predecessor the European Communities (EC). Since joining, the constitutional implications for the UK had been a topic of debate domestically. The 1975 referendum on continued EC membership resulted in an overwhelming majority voting in favour of the UK remaining a member.[1] As European integration deepened between 1975 and 2016, subsequent EC/EU treaties and agreements were ratified by the UK Parliament. Following the surprise Conservative Party victory at the 2015 UK general election as a main manifesto pledge, the legal basis for the EU referendum was established through the European Union Referendum Act 2015. Prime Minister David Cameron also oversaw a renegotiation of the terms of EU membership, intending to implement these changes in the event of a Remain result. The referendum was legally non-binding due to the ancient principle of parliamentary sovereignty, although the government promised to implement the result.[2]


Campaigning officially took place between 15 April and 23 June 2016. The official group for remaining in the EU was Britain Stronger in Europe while Vote Leave was the official group endorsing leaving.[3] Other campaign groups, political parties, businesses, trade unions, newspapers and prominent individuals were also involved, with both sides having supporters from across the political spectrum. Parties in favour of remaining included Labour, the Liberal Democrats, the Scottish National Party (SNP), Plaid Cymru and the Green Party;[4][5][6][7] while the UK Independence Party (UKIP) campaigned in favour;[8] and the Conservative Party remained neutral.[9] In spite of the official positions of the Conservative and Labour Party, both allowed their MPs to publicly campaign for either side of the issue.[10][11] Campaign issues included the costs and benefits of membership for the UK's economy, freedom of movement and migration. Several allegations of unlawful campaigning and Russian interference arose during and after the referendum.


The results were that most areas of England and Wales had a majority for Leave, and the majority of voters in Scotland, Northern Ireland, Greater London and Gibraltar chose Remain. Voter preference correlated with age, level of education and socioeconomic factors. The causes and reasoning of leaving have been the subject of analysis and commentary. After the result, financial markets immediately reacted negatively worldwide; there was a wide array of international reactions; Cameron resigned as prime minister and leader of the Conservative Party in July; and Jeremy Corbyn faced a Labour Party leadership challenge from August to September. In 2017, the UK gave formal notice of intent to withdraw from the EU, with the withdrawal being formalised in 2020.

Administration[edit]

Date[edit]

Prior to being officially announced, it was widely speculated that a June date for the referendum was a serious possibility. The First Ministers of Northern Ireland, Scotland, and Wales co-signed a letter to Cameron on 3 February 2016 asking him not to hold the referendum in June, as devolved elections were scheduled to take place the previous month on 5 May. These elections had been postponed for a year to avoid a clash with the 2015 general election, after Westminster had implemented the Fixed-term Parliament Act. Cameron refused this request, saying people were able to make up their own minds in multiple elections spaced at least six weeks from each other.[61] [62]


On 20 February 2016, Cameron announced that the UK Government would formally recommend to the British people that the UK should remain a member of a reformed European Union and that the referendum would be held on 23 June, marking the official launch of the campaign. He also announced that Parliament would enact secondary legislation on 22 February relating to the European Union Referendum Act 2015. With the official launch, ministers of the UK Government were then free to campaign on either side of the argument in a rare exception to Cabinet collective responsibility.[63]

Eligibility to vote[edit]

The right to vote in the referendum in the United Kingdom is defined by the legislation as limited to residents of the United Kingdom who were either also Commonwealth citizens under Section 37 of the British Nationality Act 1981 (which include British citizens and other British nationals), or those who were also citizens of the Republic of Ireland, or both. Members of the House of Lords, who could not vote in general elections, were able to vote in the referendum. The electorate of 46,500,001 represented 70.8% of the population of 65,678,000 (UK and Gibraltar).[64] Other than the residents of Gibraltar, British Overseas Territories Citizens residing in the British Overseas Territories were unable to vote in the referendum.[65][66]


Residents of the United Kingdom who were citizens of other EU countries were not allowed to vote unless they were citizens (or were also citizens) of the Republic of Ireland, of Malta, or of the Republic of Cyprus.[67]


The Representation of the People Acts 1983 (1983 c. 2) and 1985 (1985 c. 50), as amended, also permit certain British citizens (but not other British nationals), who had once lived in the United Kingdom, but had since and in the meantime lived outside of the United Kingdom, but for a period of no more than 15 years, to vote.[68]


Voting on the day of the referendum was from 0700 to 2200 BST (WEST) (0700 to 2200 CEST in Gibraltar) in some 41,000 polling stations staffed by over 100,000 poll workers. Each polling station was specified to have no more than 2,500 registered voters. Under the provisions of the Representation of the People Act 2000, postal ballots were also permitted in the referendum and were sent out to eligible voters some three weeks ahead of the vote (2 June 2016).


The minimum age for voters in the referendum was set to 18 years, in line with the Representation of the People Act, as amended. A House of Lords amendment proposing to lower the minimum age to 16 years was rejected.[69]


The deadline to register to vote was initially midnight on 7 June 2016; however, this was extended by 48 hours owing to technical problems with the official registration website on 7 June, caused by unusually high web traffic. Some supporters of the Leave campaign, including the Conservative MP Sir Gerald Howarth, criticised the government's decision to extend the deadline, alleging it gave Remain an advantage because many late registrants were young people who were considered to be more likely to vote for Remain.[70] According to provisional figures from the Electoral Commission, almost 46.5 million people were eligible to vote.[71]

Registration problems[edit]

Nottingham City Council emailed a Vote Leave supporter to say that the council was unable to check whether the nationality that people stated on their voting registration form was true, and hence that they simply had to assume that the information that was submitted was, indeed, correct.[72]


3,462 EU nationals were wrongly sent postal voting cards, due to an IT issue experienced by Xpress, an electoral software supplier to a number of councils. Xpress was initially unable to confirm the exact number of those affected. The matter was resolved by the issuance of a software patch which rendered the wrongly recorded electors ineligible to vote on 23 June.[72]

Crown Dependencies[edit]

Residents of the Crown Dependencies (which are not part of the United Kingdom), namely the Isle of Man and the Bailiwicks of Jersey and Guernsey, even if they were British citizens, were excluded from the referendum unless they were also previous residents of the United Kingdom (that is: England and Wales, Scotland and Northern Ireland).[73]


Some residents of the Isle of Man protested that they, as full British citizens under the British Nationality Act 1981 and living within the British Islands, should also have been given the opportunity to vote in the referendum, as the Isle and the Bailiwicks, although not included as if they were part of the United Kingdom for the purpose of European Union (and European Economic Area (EEA)) membership (as is the case with Gibraltar), would also have been significantly affected by the outcome and impact of the referendum.[73]

Debates, question and answer sessions, and interviews[edit]

A debate was held by The Guardian on 15 March 2016, featuring the leader of UKIP Nigel Farage, Conservative MP Andrea Leadsom, the leader of Labour's "yes" campaign Alan Johnson and former leader of the Liberal Democrats Nick Clegg.[279]


Earlier in the campaign, on 11 January, a debate took place between Nigel Farage and Carwyn Jones, who was at the time the First Minister of Wales and leader of the Welsh Labour Party.[280][281] Reluctance to have Conservative Party members argue against one another has seen some debates split, with Leave and Remain candidates interviewed separately.[282]


The Spectator held a debate hosted by Andrew Neil on 26 April, which featured Nick Clegg, Liz Kendall and Chuka Umunna arguing for a remain vote, and Nigel Farage, Daniel Hannan and Labour MP Kate Hoey arguing for a leave vote.[283] The Daily Express held a debate on 3 June, featuring Nigel Farage, Kate Hoey and Conservative MP Jacob Rees-Mogg debating Labour MPs Siobhain McDonagh and Chuka Umunna and businessman Richard Reed, co-founder of Innocent drinks.[284] Andrew Neil presented four interviews ahead of the referendum. The interviewees were Hilary Benn, George Osborne, Nigel Farage and Iain Duncan Smith on 6, 8, 10 and 17 May, respectively.[285]


The scheduled debates and question sessions included a number of question and answer sessions with various campaigners.[286][287] and a debate on ITV held on 9 June that included Angela Eagle, Amber Rudd and Nicola Sturgeon, Boris Johnson, Andrea Leadsom, and Gisela Stuart.[288]


EU Referendum: The Great Debate was held at Wembley Arena on 21 June and hosted by David Dimbleby, Mishal Husain and Emily Maitlis in front of an audience of 6,000.[289] The audience was split evenly between both sides. Sadiq Khan, Ruth Davidson and Frances O'Grady appeared for Remain. Leave was represented by the same trio as the ITV debate on 9 June (Johnson, Leadsom and Stuart).[290] Europe: The Final Debate with Jeremy Paxman was held the following day on Channel 4.[291]

Disturbances[edit]

On 16 June 2016, a pro-EU Labour MP, Jo Cox, was shot and killed in Birstall, West Yorkshire the week before the referendum by a man calling out "death to traitors, freedom for Britain", and a man who intervened was injured.[298] The two rival official campaigns agreed to suspend their activities as a mark of respect to Cox.[81] After the referendum, evidence emerged that Leave.EU had continued to put out advertising the day after Jo Cox's murder.[299][300] David Cameron cancelled a planned rally in Gibraltar supporting British EU membership.[301] Campaigning resumed on 19 June.[302][303] Polling officials in the Yorkshire and Humber region also halted counting of the referendum ballots on the evening of 23 June to observe a minute of silence.[304] The Conservative Party, Liberal Democrats, UK Independence Party and the Green Party all announced that they would not contest the ensuing by-election in Cox's constituency as a mark of respect.[305]


On polling day itself two polling stations in Kingston upon Thames were flooded by rain and had to be relocated.[306] In advance of polling day, concern had been expressed that the courtesy pencils provided in polling booths could allow votes to be later altered. Although this was widely dismissed as a conspiracy theory (see: Voting pencil conspiracy theory), some Leave campaigners advocated that voters should instead use pens to mark their ballot papers. On polling day in Winchester an emergency call was made to police about "threatening behaviour" outside the polling station. After questioning a woman who had been offering to lend her pen to voters, the police decided that no offence was being committed.[307]

EU referendum vote by age and education, based on a YouGov survey.[319][320]

EU referendum vote by age and education, based on a YouGov survey.[319][320]

EU referendum leave vote versus educational attainment (Highest level of qualification for Level 4 qualifications and above) by area for England and Wales.[315]

EU referendum leave vote versus educational attainment (Highest level of qualification for Level 4 qualifications and above) by area for England and Wales.[315][failed verification]

1982 Greenlandic European Communities membership referendum

Acts of Parliament of the United Kingdom relating to the European Communities and the European Union

Allegations of unlawful campaigning in the 2016 EU referendum

European Union (Withdrawal) (No. 2) Act 2019

Causes of the vote in favour of Brexit

Effect of Brexit on Gibraltar

European Union Bill 2004–2005

European Union law

European Union (Withdrawal) Act 2018

("Cooper–Letwin Act")

European Union (Withdrawal) Act 2019

Opinion polling on the United Kingdom's membership of the European Union (2016–2020)

Potential re-accession of the United Kingdom to the European Union

Proposed referendum on the Brexit withdrawal agreement

Referendums in the United Kingdom

Referendums related to the European Union

Treaty of Accession 1972

Withdrawal from the European Union

House of Commons Briefings: 2016 European Union Referendum

Examples of leaflets used during the referendum campaign

at Curlie

European Union

Electoral Commission guide to the EU Referendum

BBC News – EU Referendum

BBC Radio 4 Why Did People Vote to Leave

BBC Radio 4 How We Voted Brexit

How Britain Voted, analysis of poll survey on referendum day, published 17 March 2019

The UN Security Council in a post-Brexit world: France and Germany take the lead