Could Brexit not happen even if public voted for it?

Despite the madness witnessed in Asia, the actual exit process for the UK is by law almost 2 years long. What is more, there is a conspiracy theory, as reported by Business Insider, that a Brexit won’t actually happen if the public votes for it, as has been the case.

According to Adam Payne: "A really crucial detail about the upcoming EU referendum has gone virtually unmentioned and it is probably the most crucial detail: Parliament doesn’t actually have to bring Britain out of the EU if the public votes for it. That is because the result of June 23 referendum on Britain’s EU membership is not legally binding. Instead, it is merely advisory, and, in theory, could be totally ignored by UK government."

FT's Green provides further details

As David Allen Green from the Financial Times notes: "The relevant legislation did not provide for the referendum result to have any formal trigger effect. The referendum is advisory rather than mandatory. The 2011 referendum on electoral reform did have an obligation on the government to legislate in the event of a “yes” vote (the vote was “no” so this did not matter). But no such provision was included in the EU referendum legislation."

Green adds: "The UK government could seek to ignore such a vote; to explain it away and characterise it in terms that it has no credibility or binding effect (low turnout may be such an excuse). Or they could say it is now a matter for parliament, and then endeavour to win the parliamentary vote. Or ministers could try to re-negotiate another deal and put that to another referendum."

 

 

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