Could there really be a second EU referendum and overrule the vote for Brexit?
After millions sign petition asking for historic vote to be re-run we take a look at how likely that really is
WITH millions signing a petition to have the EU referendum re-run could we looked at just how likely a second vote really is.
Even Nigel Farage once said that if the outcome was 52-48 (which Thursday’s historic vote was), then it could be held again.
And second referendums have been held in other countries before, which have sometimes produced different results to the first one.
David Cameron has said the idea was “for the birds”, and EU leaders have said bluntly that there are “no second chances” after the UK votes to leave.
Manfred Weber MEP, the leader of the largest group in the Parliament said: "If people are being told in the United Kingdom that if they say no they will get a better deal, we have to say to them very clearly the agreement on the table is the agreement. There will be no follow up negotiations."
But it has become a hot topic after a petition to trigger another referendum reached more than three million signatures.
It states: “We the undersigned call upon HM Government to implement a rule that if the remain or leave vote is less than 60% based on a turnout less than 75% there should be another referendum.”
But is that actually possible? The short answer is no.
Once it received more than 100,000 signatures it became eligible to be debated in parliament.
There is no guarantee it will be though, and there is no vote attached to it, and it would have no legal weight.
Plus the petition is effectively calling for new legislation on how referendums are decided, and even if that was enacted, it could not be used retrospectively to overturn the result of last week’s ballot.
However there are other ways it could be disregarded and run again.
Despite more than 30 million people braving flooding and treacherous weather to cast their vote on Thursday, it is in fact not legally binding.
If the 2011 referendum on changing the electoral system to alternative vote had been successful, then the government would have had to change the law, but the EU referendum legislation was written differently.
This was pointed out by Labour MP David Lammy, who posted on Twitter urging Parliament to block our exit from the EU, sparking outrage yesterday.
So in theory, the Prime Minister could ignore the referendum result and put the question to a parliamentary debate.
Given that the majority of MPs want us to remain they could very well throw out the result, and risk the ire of 17 million people who voted to Leave, or order another take place.
This would require a motion to pass in the House of Commons with a two-thirds majority to overturn the Fixed term Parliament Act, which says the next election should take place in May 2020.
But this may happen, as whoever takes over from David Cameron may seek to get a mandate of their own.
Then if one party stood on an explicitly Remain platform and won then that could be cause for a second referendum.
This, again, is another long shot.
Similarly, if the Prime Minister fails to invoke Article 50, which sets a two-year time limit on the negotiations to get us out of the EU, then it could lead to another referendum.
Mr Cameron has said he will not, despite the wishes of other leaders across the continent, start the countdown, preferring to leave that to his successor.
If whoever replaces him in Downing Street does not activate it for a while either than the next General Election could come before the negotiations are complete.
Again if one party stood on an explicitly Remain platform they could cancel the plan to quit links with Brussels.
Overall however, those seeking a second referendum are unlikely to have their wishes fulfilled.