Perhaps it’s just wishful thinking or the social media filter bubble I’m in, but there seems to be a more-than-zero chance that Britain won’t actually leave the European Union, despite last Thursday’s vote. For one thing, as I mentioned in my Friday AM post about Brexit, the vote is not legally binding. The Prime Minister needs to invoke Article 50 of the Treaty on European Union, which has not happened yet.
But there’s no requirement that the UK invoke Article 50 in a timely fashion. Indeed, both Cameron and Johnson have said they think it’s appropriate to dawdle; Cameron says he’ll leave the decision to invoke to his successor, and Johnson has said there’s no rush.
It wouldn’t be tenable for the government to just completely ignore the vote forever, even though that is legally permissible.
But perhaps not untenable. A Guardian commenter speculates that Cameron did something politically canny when he passed the buck to his successor. As the full ramifications of Leave become apparent, it may be that the consequences of leaving will be transferred from the voters to the person who decides to invoke Article 50…i.e. it may become politically untenable to leave.
Throughout the campaign, Cameron had repeatedly said that a vote for leave would lead to triggering Article 50 straight away. Whether implicitly or explicitly, the image was clear: he would be giving that notice under Article 50 the morning after a vote to leave. Whether that was scaremongering or not is a bit moot now but, in the midst of the sentimental nautical references of his speech yesterday, he quietly abandoned that position and handed the responsibility over to his successor.
And as the day wore on, the enormity of that step started to sink in: the markets, Sterling, Scotland, the Irish border, the Gibraltar border, the frontier at Calais, the need to continue compliance with all EU regulations for a free market, re-issuing passports, Brits abroad, EU citizens in Britain, the mountain of legistlation to be torn up and rewritten … the list grew and grew.
The referendum result is not binding. It is advisory. Parliament is not bound to commit itself in that same direction.
The Conservative party election that Cameron triggered will now have one question looming over it: will you, if elected as party leader, trigger the notice under Article 50?
Who will want to have the responsibility of all those ramifications and consequences on his/her head and shoulders?
There’s also been talk that Scotland could veto Brexit.
Scotland’s First Minister Nicola Sturgeon has told the BBC that Holyrood could try to block the UK’s exit from the EU.
She was speaking following a referendum on Thursday which saw Britain vote by 52% to 48% to leave Europe.
However, in Scotland the picture was different with 62% backing Remain and 38% wanting to go.
SNP leader Ms Sturgeon said that “of course” she would ask MSPs to refuse to give their “legislative consent”.
Update: From Gideon Rachman at the FT: I do not believe Brexit will happen.
Any long-term observer of the EU should be familiar with the shock referendum result. In 1992 the Danes voted to reject the Maastricht treaty. The Irish voted to reject both the Nice treaty in 2001 and the Lisbon treaty in 2008.
And what happened in each case? The EU rolled ever onwards. The Danes and the Irish were granted some concessions by their EU partners. They staged a second referendum. And the second time around they voted to accept the treaty. So why, knowing this history, should anyone believe that Britain’s referendum decision is definitive?
Update: John Cassidy writing for the New Yorker:
As reality sets in, E.U. leaders may well be content to let the Brits stew in their own juices for a while. Initial talk of forcing the U.K. to begin the process of leaving straight away has been replaced by calls for patience. Monday’s edition of the Wall Street Journal quoted Angela Merkel’s chief of staff, Peter Altmaier, as saying, “Politicians in London should have the possibility to think again about the fallout from an exit.” To leave now, he added, “would be a deep cut with far-reaching consequences.” A majority of the politicians at Westminster probably agree with Altmaier’s analysis. But what, if anything, can they do to reverse the march toward Brexit?