Ballot-box participation - What are the implications of consultation through the ballot-box?

If the Localism Bill is taken at face-value, then local Councils are going to be busy organising a lot of Referendums.

It represents a radically different approach to the last Government; yet both administrations have been pursuing a similar goal – greater citizen involvement. So, what’s different?

• Labour legislated (but never implemented) a ‘duty to promote democracy’. The Coalition effectively says, Push decisions as far down as possible, and that’s the biggest impetus to democracy

• A 2009 Act introduced a ‘duty to respond to petitions’. The 2011 Bill seeks to repeal that provision, but promises a referendum if 5% of the people ask for one. Note the subtle shift from encouraging many small campaigners with minority causes to recognising major issues with widespread popular support.
• An earlier Act in 2007 created the ‘duty to inform, consult and involve’. Eric Pickles wants to scrap this duty, but still wants communities to have a say in local matters. It is just that he wants to let Councils take their own risks if they neglect to listen to their electoratesClearly some issues will attract more involvement than others. Headline-grabbing campaigns may easily attract the numbers necessary to trigger a trip to the polls. For recent examples, consider the residents of NW Norfolk, where 90% of them voted against a proposed incinerator. Or look at Northamptonshire where 98% of those who took part in a recent referendum said no to the storage of low-level radioactive waste at a landfill site.
• – Those who worry that these mechanisms amount to nothing more than a NIMBYs-charter may have been heartened by last week’s decision by the CLG Secretary of State to overrule the objectors to the landfill proposal. In this case at least, the national interest was held to count more than local preferences. But in other ways the decision will raise many questions – just listen to the fighting talk from the local Conservative MP – Louise Bagshawe.
• – What this is about the fascinating relationship between direct and representative democracy. The lurch towards the ballot box is full of interesting challenges. Few of the problems are technical – but there are many issues about the politics (both small and large ‘p’) of polls. Here are some of the more obvious questions:-
• How is the question formulated, and who acts as referee to discourage bias?
• What is the electorate, and how do we consult the right people on the right issues? Who decides?

· Will the rules of campaigning and the funding protocols ensure a fair and unbiased debate?

After all, we have spent years making slow but steady progress towards best practice consultation processes. The law has also developed - witness the occasions where the High Court will judge a consultation to be inadequate. It would be unfortunate if we were to de-emphasise an increasingly rigorous, defensible consultation culture by moving wholesale to a less robust form of public participation subject to manipulation and bias, and prone to excessive influence from vested interests.

Legislation has a habit of pushing the focus towards what’s new or innovative, but in reality the Localism Bill will merely graft polls and referendums onto the existing infrastructure of public dialogue. However, the interplay between the old and the new - and the as-yet unknown impact of social media, makes this moment in history a pivotal point in the development of our democratic decision-making.

And it requires very serious thought!

Trigger points

• The themes in this Topic will be explored in greater detail in London on 14th June at our Seminar on Lessons from Current Polls and Referendums. Join us to hear the views of those with recent practical experience and to consider the many implications. • Note, the agenda includes a detailed look at both the Northamptonshire and NW Norfolk case studies mentioned above
• Have you recent experience of polls or referendums? If so, would you like to share your insight with the Institute?
• In local authorities, are elected members fully briefed on the forthcoming Bills, and their likely impact?
• Do other public agencies, voluntary and community bodies or private firms working in the public space understand how a more direct democracy will affect their work, and their relationships with the public?

This is the 188th Tuesday Topic; a full list of subjects covered is available for Institute members and is a valuable resource covering so many aspects of consultation and engagement