As I have pointed out before, Bernard Jenkin is given to lying to the public (see Liars in public places). It’s not a habit he’s cured, if what he said today on BBC Radio 4 is anything to go by:
“We’ve got two democratic systems of deciding things in the modern constitution: one is by representative democracy and the other is by direct democracy. What we have is a collision between two forms of legitimacy,” he adds. “The Supreme Court has clearly chosen the parliamentary, they don’t address the question of the direct mandate.”
There is a good reason why the Supreme Court did not address the question of the ‘direct mandate’ – there is none in this country. There are three branches of government – the executive, the legislature and the judiciary. Jenkin himself is part of the second: he is elected to the house to scrutinise and pass the laws which the executive propose and the courts then interpret. For him to suggest that there is a second ‘democratic system of deciding things’ – ‘direct democracy’ that is one of ‘two forms of legitimacy’ is simply a lie.
It is a particularly brazen one, given that he had heard (and who could fail to hear Mr Cox?) the Attorney General not long before confirm, in answer to a question on its legal force, that the referendum had none; it was not binding.
But he should have needed no reminder – it is incumbent on all parliamentarians and those outside parliament who make its doings their business to know that in this country we have no provision for a binding referendum save the sort that brings into force legislation already passed by an Act of Parliament, as was the case with the 2011 UK Alternative vote referendum (see detail here), a point I discussed in The Real Enemies of the People.
Commons Briefing Paper 7212, giving background on the European Union Referendum Bill, could not be clearer on this point:
‘This Bill requires a referendum to be held on the question of the UK’s continued membership of the European Union (EU) before the end of 2017. It does not contain any requirement for the UK Government to implement the results of the referendum, nor set a time limit by which a vote to leave the EU should be implemented. Instead, this is a type of referendum known as pre-legislative or consultative, which enables the electorate to voice an opinion which then influences the Government in its policy decisions.’
So, Jenkin is lying when he says ‘we’ve got two democratic systems of deciding things in the modern constitution’ just as he was lying when he said ‘the country voted overwhelmingly to leave’ in the 2016 referendum, when in fact only 17.4 million out of an electorate of 46.5 million did so. By implying that the Supreme Court ought to have addressed this ‘direct mandate’ and second ‘form of legitimacy’ (which he has just invented) he promotes the pernicious narrative that casts the present crisis as ‘The People v. The Remainer Elite’ with the Judiciary ranked among the latter (along with, curiously, the very Parliament of which he is a member, whose sovereignty he has sworn to uphold).
This is the new way of doing politics: invent ‘alternative facts’ and inject them into the mainstream discourse, where, if unchallenged, they rapidly gain currency. Journalists, do your job: call it out at every turn.