A mature democracy would allow for a vote on the final deal, rather than allow bullying tactics to shut down further debate

A no-deal Brexit is likely to constitute the biggest peacetime crisis in our modern history

Dominic Grieve
Tuesday 24 July 2018 20:05 BST
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MP Philip Davies asks Theresa May whether her Brexit will 'betray the British people'

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It’s a feature of the current debate on Brexit that I receive emails from persons who insist to me that Brexit must take one form only. Invariably this is then followed by a demand that we must leave the single market and the European Economic Area (EEA), not engage in any customs union with the EU and ensure that any role for the European Court of Justice is eliminated. The writers then insist that they knew exactly what they were voting for in the referendum and demand that I execute their instructions from which no deviation can be tolerated.

I have no reason to doubt the sincerity of those who write in this way. But the problem is that this was not the referendum question. It established the principle of our leaving the EU, but left open the form of relationship we might then have with it once we left. And as is clear from other correspondents, there are those who voted leave for whom the vision of the future was very different, just as I am sure that Remain voters will have had a wide variety of reasons to vote as they did.

The abstract nature of the question asked and the complexity of implementing Brexit which becomes clearer by the day, has bedevilled our domestic politics since. It exposes stark differences of opinion in both main parties and has created paralysis in government with the doctrine of collective responsibility within cabinet all but abandoned.

Now that a collective policy has at last been arrived at with the white paper it is being ruthlessly undermined by ministerial resignations and by sections of my party, the Conservatives, and it looks certain that Labour will never support it. It is entirely unclear if the government can negotiate an agreement for future relations in such circumstances or get it agreed by parliament if it does.

There is little to suggest that another general election would help provide clarity as to where we should go and time is running out. Some may welcome this but, if it happens, a no-deal Brexit is likely to constitute the biggest peace time crisis in our modern history.

This is why I don’t think we should rule out the possibility of a further consultation of public opinion on Brexit. If it is clear that any government proposal cannot command clear majority support in parliament it offers a democratic route for resolving the issue. We can ask if the electorate wish to approve any deal and if they do not they can express on a separate ballot paper if they wish to leave the EU with no deal or remain in the EU.

The arguments put forward that this is in violation of the 2016 referendum result are without merit. Parliament acted on that result by triggering Article 50 and the government is seeking in good faith to carry it out. There is clear logic in a decision for a major constitutional change being a twofold process by which the principle is first approved and then when the concluded details are known our country being given an opportunity for a further vote.

The use of the 2016 referendum result to close down debate by threats and bullying is the very reverse of what mature democracy should be about. I hear some argue that a referendum would be divisive, but it is difficult to see how it would be more so than what is happening now.

I first raised this issue soon after the first referendum, although at the time I saw it as a rather remote possibility. But the further our political crisis deepens the more it seems to me to offer a sensible way forward. Such a referendum presupposes nothing. If the electorate are determined to leave then leave we will.

But to carry such change through in chaos in order to discover a short time thereafter that the electorate are unhappy with the outcome would be a massive abdication of responsibility for good governance by both government and parliament.

Dominic Grieve QC MP is a Conservative politician, barrister, Queen's Counsel and a member of the privy council

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