A Bill to change referendum rules came from one Lord, not the government

16 January 2020
What was claimed

The Conservatives are planning to pass a Bill setting the threshold at which a referendum could pass. This would be 55% turnout, 60% in favour and two thirds of MPs agreeing to the referendum in the first place.

Our verdict

Such a Bill has been proposed, but not by the Conservative party officially or by the government. It was put forward as a Private Members’ Bill by a Conservative member of the House of Lords and has not yet been debated.

A post shared hundreds of times on Facebook by a pro-Scottish independence page claims that the Conservatives are planning to pass a Bill setting the threshold for a referendum at 55% turnout and 60% in favour of the proposal. It also says two thirds of the House of Commons would have to agree to the referendum being held in the first place. As evidence, the post includes an image of a parliamentary Bill.

The Bill is real. It is the Referendums Criteria Bill put forward by Lord Cormack in the House of Lords in early January 2020.

Lord Cormack is a Conservative peer, but that doesn’t mean this Bill has been put forward by the Conservative party officially or by the government. It is a Private Members’ Bill which can be put forward by any member of the House of Lords or Commons who isn’t a government minister.

Less time is allocated to these types of Bills and it is less likely that they will become law than those proposed by the government, according to the Parliament website.

The Referendums Criteria Bill had its first reading on 8 January. The first reading is just a formality in the legislative process and involves the name of the Bill being read out.

It has not yet had a date set for its second reading—when it will actually be debated.

As it currently reads the Bill doesn’t refer to any potential referendum on Scottish independence in particular, though it would apply to Scotland. It simply refers to any referendum which might “change constitutional or parliamentary arrangements”.

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