header-logo header-logo

Do we have to leave the EU?

04 July 2016 / Sir Geoffrey Bindman KC
Issue: 7706 / Categories: Opinion , Brexit , EU
printer mail-detail
nlj_7706_comment_bindman

The final say on EU membership is & should be with Parliament, says Geoffrey Bindman QC

The referendum has not been a common feature of British political history and for good reason. It is a blunt instrument. The question it poses has to be simple and broad, but a yes or no response is an unreliable guide to policy on a complex and many-sided topic. The final say on EU membership is and should be with Parliament.

Odd as it may seem to many, the referendum result has no legal effect whatsoever. The European Referendum Act 2015 sets out the terms and conditions on which the referendum took place, but it does not impose any duty on Government or on Parliament to legislate. The Act is completely silent on the consequences of a vote either to leave or to remain.

Only twice previously has there been a referendum of the whole UK. In 1975 there was an overwhelming vote in favour of remaining in the European

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll