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Holding
a Local Referendum.....
...........How you can do so in the UK using Existing
Legislation
It is not generally known, but legislation under the 1972 Local Government
Act already makes allowances for the holding of local referendums in the United
Kingdom. Until relatively recently, this measure has
been little used, but now an increasing number of local communities are
starting to make use of it. What's more
it is relatively easy for ordinary voters to set up a local referendum and
although at present the result is only be advisory, it does nonetheless serve
to let the authorities know just what local people feel on an issue. Below is an outline of the steps involved.
- Choose an Issue over which people in your area feel
strongly. The boundaries of "your area" are
those governed by your local Parish Council (England),
or Community Council (Wales). Unfortunately provisions do not exist
for similar procedures in Scotland
or Ulster.
- Six voters on the Electoral Register for that Parish
(available for viewing at local Post Office) now need to
sign a piece of paper calling for a Public Parish meeting on a specified
date more than seven clear working days hence. This 'notice of meeting' should specify
date, time (after 6.00pm),
venue, the names of the six, and the business to be transacted at the
meeting (ie to call for a referendum on your chosen question). As a minimum the notice should be pinned
up at one prominent site in the area.
- Notify the Parish Council and the Chairman of the
District Council of what you are doing. Tell them that you are acting under Part
3, schedule 12, paragraph 18, subparagraphs 4 and 5 of the Local
Government Act 1972. You may well
find that if your chosen issue arouses strong feelings locally, the Parish
Council will come on board to help with the organisation of the meeting.
- For the meeting to be valid, you will need at least
ten local voters present. The meeting may be chaired by
the Chairman of the Parish council if willing, but this is not essential,
as anyone chosen by the meeting can chair it. Whatever else happens at the meeting,
you will need to propose a motion calling for a referendum (Parish Poll)
on your chosen question or questions.
If one third of those voters present, or ten of those
present, whichever figure is smaller, call for a referendum, then your
District Council is obliged by law to hold one. Note this means that it is actually
possible to loose a vote at the meeting, but still satisfy the
requirements for calling a referendum.
- Go to your District Council and tell
them the outcome of the vote at the meeting. Quote the relevant legislation
again. They now have between 14 and
25 days to hold the referendum.
- You will be notified of the date of
the referendum (Parish Poll).
Voters will not receive Poll cards, nor will postal or proxy voting
be allowed, but in other respects the poll will be carried out by the
council's returning officer just as in an election. Liase with the returning officer in
advance if you wish to attend the count.
- It is now up to you to publicise the
referendum, as the District Council is only obliged to display the minimum
notices required in law. Are you
going to put up posters, or to leaflet the area? One thing you should certainly do, and
that is to talk to the local press, as this will make a good story for
them.
- After the result is announced, you
can again use the media to obtain maximum publicity for the outcome,
should it have been the one you desired!
Local referendums as mentioned earlier are only advisory in the UK
at present, but even so it would be a very bold council which decided to
go against the strongly held wishes of its local electorate.
Further information on holding local referendums can be obtained
from publications produced by The National Association of local Councils, 108
Great Russell Street, London, WC1B 3LD. Tel: 0207 637 1865
'Let
the people decide..............'
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