The EU Referendum: Corruption on a Machiavellian scale

“Everyone sees what you appear to be, few experience what you really are”

Niccolo Machiavelli – ‘The Prince’

Famine, flood, fire, disease, conquer, and other tribulations are found to be among the fortunes that weaken or destroy a nation. Yet, none of these is the greatest of threats to maintaining an enduring state as corruption.

Albeit, a less often used concept; corruption, appears in many different forms, but always as a foil to virtue and aid to fortune. Certainly, there is a form of unparalleled similarity between the “illegal practices” of the Vote Leave campaign and the Machiavellian thought.

It is fitting to think of the most recent revelations from the Electoral Commission’s investigation into campaigning as characterising Brexit as a force that ignited man’s propensity to vice or perversion.

“Whosoever desires constant success must change his conduct with the times”

Niccolo Machiavelli – ‘Republic’

“If politicians think they can walk all over us, then we’re going to march back and tell them they can’t”. This was the rallying cry of Nigel Farage as he signalled the beginning of the ‘Brexit Betrayal March’ in which Leave voters marched close to 300 miles to protest against the government’s failure to deliver Brexit. Yet, in what is undoubtedly a far greater ‘betrayal’ Farage announced that he would not actually be participating in the march.

The sense of false hope evoked by this shock announcement is a fitting metaphor for the lies and deceit that accompanied the referendum campaign: false promises, deception and the ironic dereliction of democracy in an exercise that was supposed to enhance it- allegedly.

But it is not just Farage- the self-appointed phoney ‘representative of the people’ that is at fault. Our own government are complicit in the erosion of UK democracy as we know it. Indeed, underlying the principal issue of the referendum, today is not about who ‘won’. Rather, it is the disturbing reality of having to question whether or not a lawful, free and fair vote still remains one of the constitutional requirements of the UK; and whether the end really does justify the means.

The UK’s constitutional requirements include well-established principles which value and seek to preserve the integrity of democracy, including the voting process, as well as lawful decision-making. The right to vote is a fundamental constitutional right. The integrity of the democratic process is one of the common law’s fundamental values which underlie the UK’s constitutional requirements in this case. The principle of legality is a relevant constitutional requirement, in this case, protecting democratic values recognised by the common law and applying principles of constitutionality.

But, facts recently revealed since the Prime Minister exercised her power under Section 1 of the European Union (Notification of Withdrawal) Act 2017 to notify the EU of the UK’s intention to leave show that the 2016 referendum was significantly vitiated by unlawful misconduct. Of particular concern, the Electoral Commission recently found (to the criminal standard of proof) that offences were committed in breach of the legal framework established by Parliament for the referendum.

Vote Leave, the official designated campaign, was found on a standard of beyond reasonable doubt to have committed serious offences, including joint working between the lead campaigner, Vote Leave and another campaign group BeLeave. BeLeave was found to have spent £675,315.18 with Aggregate IQ under a common plan with Vote Leave. This spending should have been declared by Vote Leave. It means Vote Leave exceeded its legal spending limit of £7 million by £449,079, around 6%.

Leave.EU, a registered participant, failed to include at least £77,380 in its spending return, thereby exceeding its spending limit by more than 10%, being fees paid to the company Better for the Country Limited as its campaign organiser.

There is no reasonable doubt then, in logic or reason, that the illegality perpetrated by various ‘Leave’ campaigns disproportionately influenced the outcome of the referendum. In what was heralded by the then Conservative prime minister, David Cameron, as an opportunity to allow the ‘people to have their say on European Union members, the referendum was tainted by significant beaches, amounting to corrupt and illegal practices in electoral law

With the burden of proof having been sufficiently met, one has to ask: why does the prime minister insist on ‘respecting the result of the referendum’. How can the electorate, who are entitled to vote in a free and fair democratic exercise, be expected to respect an outcome that undermines the rule of law?

The term ‘Machiavellian’ is in common usage today, and is usually applied pejoratively in reference politicians. Such reluctance to give attention to the veracity of said illegalities is troubling. That a prime minister, who is now aware that the referendum result was procured by criminal conduct, still proceeds confidently on the basis that 51% of those who voted and 34% of the electorate were in favour of the UK leaving the EU is objectionable. Indeed, Theresa May has placed herself firmly into a Machiavellian dimension: how Brexit was achieved has been overlooked because the focus has been shifted to what has been achieved, namely, that ‘will of the people’ has prevailed- something she urges should be ‘respected’.

Even though Machiavelli acknowledged that appearances are arguably more important than actions, because “everyone sees what you appear to be,” but “few experience what you really are,” in the end “the common people are always impressed by appearances and results”. May’s wilful neglect of evidence of illegality in the Referendum will matter more than any posturing before or after it.

By reason of this conduct, and if we are to hold out any hope of salvaging democracy, it must be recognised that it is wrong for the Prime Minister to treat as binding the result of a referendum which, had it been binding, would be void, the result of which may have been affected thereby. Furthermore, to do so is not lawful or in accordance with the UK’s constitutional requirements. Parliament should not be taken to have disapplied principles of legality and constitutionality in conferring the said power on the Prime Minister.

We might consider, then, how often the losers of war are found to be morally questionable, while the victors are seen as above reproach- the notion that history is written by the victors. Ultimately, Brexit leads us to examine the extent to which we are prepared to overlook the dubious machinations of our politicians if the outcome works in our favour.

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