The Referenda Society
Geoffrey Munnery
29 Cleves Walk
Ilford Essex   IG6 2NQ
 

(Dear Mr. Munnery,)
 
 

In accord with the aims of your organisation, I would like to see the citizens' right to "initiative and referendum" become established in practice. After considering the matter carefully, I judge that having these procedures would help to improve society, democracy, politics and individual human development.

In order that citizens may come to exercise their right to "initiative and referendum" probably this right must become formalised. A code of practice will be needed, perhaps law as well. Such law could be made by parliament. It could also be made by referendum. Given the fundamental, constitutional nature of the matter, the latter way (by referendum) would be more appropriate. But it might be more difficult to put through.

Is there not a fundamental right of people to decide, not only to send representatives, but on particular issues if they so chose? Some claim that in the USA this right exists. It is now proposed by the group Philadelphia II to apply "first principles", those which I believe at the beginning guided the constitution of that country, in order to introduce a form of direct democracy at the federal level. This right has in a limited way been conceded in Britain, in a white paper on local government, stating that citizens may call for the right to choose a mayor by direct election (Apart from London, has this been enacted?).

Your recent letter reads: "(...) if legislation is secured by Peoples' Petition, it is envisaged that two elements of direct democracy would obtain. One, mandatory referenda in respect of any constitutional changes. Two, popular initiatives in respect of sponsoring proposals or challenging bad legislation, of which there is a great deal."

From a recent exchange in British university "electronic" discussions on public law I learn from Chris Ashton, Dept of Law, Napier University Edinburgh

"(...) that it is now possible for members of the public to present a petition to the Scottish Parliament to ask for legislation on any matter of concern to them. Petitions go to the Petitions Committe who may pass them to the relevant committee for comment. A proposal for legislation might be taken up by an individual MSP or by a committee of the Parliament, as well as by the Scottish Executive. All three bodies may introduce legislation.  It is highly unlikely that a law would be passed requiring a referendum to be held as a matter of course.  The First Minister has made that very clear, saying last month that government by referendum was not the way it was done in Scotland.  (Sceptics might laugh at this - since the legislation for the Scottish Parliament was not passed until a referendum was passed by the Scottish electorate agreeing to it being set up and the First Minister was instrumental in getting a Yes vote in the referendum.) "

I emphasise the passage "It is highly unlikely that a law would be passed requiring a referendum to be held as a matter of course.  The First Minister has made that very clear, saying last month that government by referendum was not the way it was done in Scotland." The same applies, as I think you agree, to the British government and probably to the parliament.

So, for those who wish to promote the introduction of
I and R, what should be the strategies?
 

Start the Peoples' Petition as you suggested, in order to gather support, to demonstrate support, and so put pressure on MPs and parties to introduce legislation?

Campaign that, in forthcoming elections, people will vote only for candidates who support I & R?

Consider a "referendum for the right to referendum", based upon "first principles" of right, self-determination, democracy?

Build an association, perhaps the Referenda Society, with full time workers, offices in all regions, and a budget for educational and campaign work?

Persuade other groups and organisations to propagate our aims?

I look forward to receiving your comments.

Yours sincerely,

(signed M. Macpherson)
 

cc: electronically, J McGlynn

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THE REFERENDA SOCIETY
131 Lime Grove, Newark,
Notts. NG24 4AG
Tel.+44 1636 702835

Please reply to:
29 Cleves Walk
ILFORD
Essex IG6 2NQ
Tel: +44 20 8500 4074                    12 May 2000
 

Dear Dr. Macpherson,

Thank you for your letter of recent date, which poses a number of questions, some of which are answered in the third Paragraph of our letter of 12 April.

With regard to the introduction of direct democracy, if the People's Petition successfully demonstrated overwhelming support from the electorate, which would have to amount to at least 70 per cent, then the appropriate legislation would have to be negotiated between People and Parliament. The petition in itself, would be a referendum on direct democracy.

One anticipates that the process of legislation would be the responsibility of sponsors of the petition together with constitutional experts and others on behalf of the People, while a Speaker's Committee would act on behalf of Parliament. It should be emphasised, that the governing party, of whatever political hue, would have no precedence over other parliamentary parties in this conclave.

In Scotland, the so-called right of petition seems to be little more than a sop to any resentment over the constitution of the Scottish Parliament; an attempt to 'bring democracy to the people'. However, the final word still rests with the politicians.

In our recent phone conversation, I mentioned that our green paper was being revised. I enclose the new version, which carries the same message, but with some deletions and reinstatements plus textual change. You may be interested also in the copy of the Society's letter featured last week in The Daily Telegraph.
 
 
 
 

Geoffrey W.G.Munnery                          The Referenda Society
 
 

The Referenda Society Ltd. Limited by Guarantee & Registered in Cardiff No. 2673420. Registered Office as above.

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