A really crucial detail about the upcoming EU referendum has gone virtually unmentioned and it is probably the most crucial detail: Parliament doesn’t actually have to bring Britain out of the EU if the public votes for it.
That is because the result of June 23 referendum on Britain’s EU membership is not legally binding. Instead, it is merely advisory, and, in theory, could be totally ignored by UK government.
This incredible detail is explained in a new blog post by Financial Times columnist and legal expert David Allen Green.
Green says that no legal provision was included in the EU referendum legislation that requires UK Parliament to act in accordance with the outcome of the EU referendum.
Instead, what will happen next if the public votes for a Brexit will be purely a matter of parliamentary politics.
The government could decide to put the matter to parliament and then hope to win the vote, Green says. Alternatively, ministers could attempt to negotiate an updated EU membership deal and put it to another referendum.
Finally, the government could just choose to totally ignore the will of the public.