SUMMARY/PURPOSE

1. This report gives effect to the resolution of 24 November for Council to:

(i) Adopt the petition presented on 18 November as a statutory consultation exercise required before changes to the form of Executive can be proposed.

(ii) Draw up proposals for a proposed change to a Mayor and Executive form of executive for submission to the Secretary of State, and

(iii) To hold a Referendum on those proposals, to be held within the next six months.

(iv) To determine at the January meeting of Full Council, the detail of the proposal to be sent to the Secretary of State and the arrangements for the Referendum.

BACKGROUND

2. In order to hold a Referendum the Council must submit proposals to the Office of the Deputy Prime Minister at least two months before the proposed date of the Referendum. By direction of the Secretary of State those proposals must include certain information. The draft proposals at Appendix 1 conform to those requirements. Whilst most of the proposals are not discretionary, some of the substance is significant and requires decision by Full Council. The discretionary elements are set out and analysed below.

DATE AND FORM OF ELECTION

3. Full Council determined to hold a Referendum within six months of 24 November 2004. Therefore, the ballot must be held before 24 May 2005. The Referendum cannot take place until at least two months after the proposals are sent to the Secretary of State and, further, cannot be held within 28 days of an ordinary election to the Council, or within 28 days of a General Election, without being combined with that election.

4. Given the incidence of the statutory Easter holidays and the religious celebrations which they signify, in practice the Referendum can either be held on 31 March or 5 May.

5. The advice of the Secretary of State (set out as Appendix 2) is that local authorities are required to seek to maximise turnout and, wherever possible, combine the referendum with other polls.

6. The cost of a traditional stand alone poll is approximately £70,000. An all postal ballot would add £10,000 to this estimate. The cost of a combined poll (which must be held in a traditional fashion) is approximately £80,000.

7. A referendum held on 5 May to coincide with the Council elections (and potentially a General Election) can be expected to deliver maximum turnout and thus conforms with the Secretary of State’s guidance.

8. Set against these advantages it must be acknowledged that combining Elections inevitably causes some confusion for voters, perhaps particularly so in this case as Electors will be asked with one ballot paper to indicate who they would like to see elected as Councillor in the current system and at the same time will be asked if they want the current system changed.

9. A combined poll cannot be all postal, although provision for postal votes on demand will ensure that those who prefer to vote postally, as well as those who cannot vote at a polling station, will be able to cast a ballot and further increase turnout.

10. All postal ballots have been used in some areas of the country and, generally, they have improved elector turnout. However, based on recent local research, there appears to be a strong wish locally to retain the traditional form of voting via the ballot box. During the 2004 Island Voices Citizens Panel Autumn Survey, respondents were asked how they would prefer to vote in local elections. The responses showed that 67% preferred to vote at a ballot box in a polling station with only 15% expressing a preference for postal ballots.

11. Given wide publicity for postal votes on demand, it should be possible to satisfy both major preferences. Although a small number of respondees reported a preference for electronic voting and other innovations, the evidence from Swindon in 2004, is that such innovation either does not improve turnout at all or is at best not a reasonable and cost-effective way of so doing.

12. Polling stations are selected to be physically accessible and in locations that would not deter potential voters for any reason of conscience.

13. There are clear advantages and disadvantages of holding the Referendum on either 31 March or 5 May. A referendum on 31 March may avoid confusion in the minds of some electors but has significant additional costs. A referendum held on 5 May will largely avoid those additional costs and conforms better with the Secretary of State’s guidance about maximising turnout and combining polls. On balance, therefore, the Council may wish to opt for a Referendum on 5 May unless it believes that the additional cost is justified so as to avoid any potential confusion of combining the Referendum with the local elections.

OVERVIEW AND SCRUTINY

14. Flexible but robust systems of overview and scrutiny are essential ingredients of both systems of Executive governance. It is proposed that the Council will maintain at all times a committee to manage or co-ordinate the function of overview and scrutiny (similar to our present Co-ordinating Committee). In addition at least two standing Overview and Scrutiny Committees (to be known, at least in the first instance, as Select Committees) will be maintained in order to undertake that part of the function of overview and scrutiny as falls, from time to time, within their terms of reference. The terms of references of the Co-ordinating Committee will be determined by Full Council. As the Full Council wishes, from time to time, the terms of reference of the Standing Overview and Scrutiny Committees, and of any further such committees established, will be set either by Full Council or by the Co-ordinating Committee.

ROLES OF EXECUTIVE AND FULL COUNCIL

15. The vast majority of functions of the Local Authority are prescribed by law as either being the responsibility of the Executive (either with a Leader or with a directly elected Mayor) or of the Full Council. There are a few areas of local choice. The proposals therefore contain a statement that those functions which are prescribed either to the Executive or to the Full Council will be discharged by the Executive or the Full Council, respectively.

16. The proposals also include an indicative list of local choice functions showing those which are the responsibility of the Full Council, and those which are to be the responsibility of the Executive. It is important that this part of the Constitution is sufficiently flexible to allow an incoming Council, and a new administration under a directly elected Mayor, to adopt variations to this division of responsibility to suit local circumstances at that time. The list attached to the proposals is therefore indicative and a definitive list will form a part of the revised constitution to be adopted by a new Council, in the event that the Referendum approves a change to a Mayoral form of Executive governance.

CONSULTATION

17. The draft proposals, and associated documentation, have not been subject to consultation. Views have, however, been expressed by the petition organisers that the date of the Referendum should be separate from other polls. This view has been forcefully expressed directly to the Returning Officer and to Elected Members. That correspondence forms part of the background papers to this report.

OPTIONS

18. The proposals as drafted form a lawful document capable of giving effect to the decision to hold a Referendum. The draft can be approved or rejected for further development work. If the draft is not approved a Referendum cannot be held until at least two months after any later date upon which the proposals are approved and submitted.

19. The date for the Referendum can either be 31 March 2005 or 5 May 2005.

FINANCIAL/BUDGET IMPLICATIONS

20. The costs of a Referendum using traditional polling methods are described in paragraph 6.

RECOMMENDATIONS

21. It is recommended that Full Council:

(i) Resolves to approve and submit the proposals for Executive arrangements;

(ii) Determines that the Referendum is held on either 31 March 2005 or 5 May 2005; and

(iii) If the Referendum is to be held on 31 March 2005, determines that the poll should be conducted using traditional voting arrangements via the ballot box in polling stations.

BACKGROUND PAPERS

Correspondence between petition organisers and Counting Officer

Contact Point : John Lawson, F 823203, e-mail [email protected] and Mike Fisher, F 823102, e-mail [email protected].

M J A FISHER

Chief Executive Officer

Returning Officer

APPENDIX 1

THE LOCAL GOVERNMENT ACT 2000

THE LOCAL AUTHORITIES (REFERENDIMS)(PETITIONS AND DIRECTIONS)(ENGLAND) REGULATIONS 2000 (“the 2000 Regulations”)

THE LOCAL AUTHORITIES (CHANGING EXECUTIVE ARRANGEMENTS AND ALTERNATIVE ARRANGEMENTS)(ENGLAND) REGULATIONS 2001 (“the 2001 Regulations”)

THE LOCAL GOVERNMENT ACT 2000 (PROPOSALS FOR EXECUTIVE ARRANGEMENTS)(ENGLAND) DIRECTION 2000 (“the 2000 Directive”)

THE LOCAL GOVERNMENT ACT 2000: GUIDANCE TO ENGLISH AUTHORITIES (“the Guidance”)

PROPOSALS FOR EXECUTIVE ARRANGEMENTS

These are proposals (“the Proposals”) submitted under the 2000 Direction.

Petition

The Secretary of State is, by virtue of two notices dated 27 October and 25 November 2004, aware that the Isle of Wight Council (“the Council”) is in receipt of two petitions, which have been amalgamated (“the Petition”), calling for a elected mayor and cabinet form of executive. A summary of the validation of the petition is attached as Annex 1. The petition falls short of the number of verified signatures required to trigger a referendum. However, the Full Council on 24 November 2004 determined to accept the petition as the statutory consultation necessary to enable the Council to submit these proposals and to hold a referendum on them.

Current Executive Arrangements

The Council currently operates a leader and cabinet form of executive.

Proposals

· The Proposals are for an elected mayor and cabinet form of executive.

· A description of the roles of the executive and of the full council are set out in Annex 2. Those roles, except for the local choice functions and the policy framework are prescribed by law.

· The Council will maintain at all times a committee to manage or co-ordinate the function of overview and scrutiny. In addition at least 2 standing overview and scrutiny committees (to be known, at least in the first instance as Select Committees) will be maintained in order to undertake that part of the function of overview and scrutiny as falls, from time to time, within their terms of reference.

· Number of Councillors. The Boundary Committee will be invited to undertake an early review of existing electoral divisions.

Outline Fall Back Proposals

The fall back proposals, as required by the 2001 Regulations, are the existing executive arrangements, a summary of which is attached as Annex 3.

Consultation

The Council resolved at a meeting on 24 November 2004 to adopt the Petition as the reasonable steps required to consult with local government electors and other interested persons in the local authority area, as required by the 2001 Regulations.

The Proposals are being made because of the Petition and the 24 November Resolution, and thus reflect that adopted consultation.

Efficiency, Transparency and Accountability

The Council considers that both the current and proposed form of executive are conducive to efficient, transparent and accountable decision making. The Council further considers that any system which has been mandated by a referendum will, by having been preferred in a ballot, have greater public acceptance which will translate into real and perceived improvements in efficiency, transparency and accountability.

Flexible but robust overview and scrutiny arrangements are an essential ingredient of either system.

Referendum

The Council sees no merit in determining to hold the referendum on a day other than a Thursday, the traditional day for elections.

The referendum will be held on [5 May 2005] [31 March 2005]. In determining the date the Council has, in accordance with the Guidance considered how the timing and form of the referendum can maximise turnout.

Question

The Petition, adopted as consultation calls for a referendum on the mayor and cabinet form of executive. The question prescribed by law for that form of executive is:

“Are you in favour of the proposal for the Isle of Wight Council to be run in a new way, which includes a mayor, who will be elected by the voters of the Island, to be in charge of the Council’s services and to lead the Isle of Wight Council and the community which it serves.”

Notification and Publicity

In accordance with the 2000 Regulations, a notice will be published in at least one local paper containing the information required by Regulation 4 of those Regulations. A copy of a draft notice is Appendix 3. The draft also satisfies, in accordance with the Regulations, the requirement to publish a notice of referendum.

Resolution

If the outcome of the referendum is a yes vote, the new arrangements will be adopted by resolution of the Council at the annual meeting on 25 May 2005.

Date of Elections

As prescribed by the 2000 Regulations, if the outcome of the referendum is a yes vote, the inaugural mayoral election will be held, by law, on 20 October 2005.

Second and subsequent elections will be, by law, on the date of the next ordinary council elections.

Boundary Committee

The Boundary Committee of the Electoral Commission has already been invited to review the number and boundaries of the Electoral Divisions on the Isle of Wight, for implementation in 2009. If the outcome of the referendum is a yes vote, the Council will invite that review to be conducted as soon as the Boundary Committee can accommodate it.

Annex 1

SUMMARY OF VALIDATION OF AMALGAMATED PETITION

The first petition was received by the Council on 14^th October 2004 and the second petition on 18^th November 2004. The two petitions were amalgamated by the Council on the second date, and so 18^th November 2004 became the Petition Date.

The amalgamated Petition contained 7008 signatures in total.

Upon scrutiny, verification has excluded 1,622 as not being on the electoral register.

A further 36 have been excluded either because the name was not legible or for other reasons the person signing could not be identified on the register.

A further 41 have been excluded, as they had not been signed.

72 entries have been excluded because they are duplicated elsewhere on the petition.

Of the remaining entries, 3344 are of people who can be identified on the register but their signature is invalid because their name has not been included on the petition. The principal reason for invalidity is that initials, rather than names, were used by those signing, which is contrary to Regulations 9(3) and 10(3)(a) of the Petitions and Directions Regulations 2000.

The result is this that there are 1893 entries which qualify for the purposes of the petition. This means that there are insufficient numbers of valid signatures to satisfy the statutory requirements and to automatically trigger a Referendum.

The Verification Number, as published in February 2004 is 5,288. The total of the number of names which are either valid (paragraph g) or were excluded by virtue of not complying with the requirement to provide a first name (paragraph f) is 5,237.

Annex 2

A. FUNCTIONS WHICH ARE THE RESPONSIBILITY OF THE EXECUTIVE BY STATUTE

Section 13 Local Government Act 2000 and the various Functions and Responsibilities Order make the Executive responsible for every function other than those required or allowed by law to be the responsibility of the Full Council. These may be discharged by the Executive or be delegated to Executive Committees, individual members of the Executive or to officers.

B. FUNCTIONS WHICH ARE THE RESPONSIBILITY OF THE FULL COUNCIL BY STATUTE

Section 13 Local Government Act 2000 and the various Functions and Responsibility Orders make the Full Council responsible for a prescribed list of functions. These may be discharged by the Full Council or delegated to committees, panels, sub-committees or to officers.

C. FUNCTIONS WHICH ARE THE RESPONSIBILITY OF THE EXECUTIVE BY RESOLUTION OF THE FULL COUNCIL

1. The conducting of best value reviews in accordance with the provisions of any Order for the time being having effect under Section 5 (Best Value Reviews) of the Local Government Act 1999.

2. Any function relating to contaminated land.

3. The discharge of any function relating to the control of pollution or the management of air quality.

4. The service of an abatement notice in respect of a statutory nuisance.

5. The passing of a resolution that Schedule 2 to the Noise and Statutory Nuisance Act 1993 should apply in the authority’s area.

6. The inspection of the authority’s area to detect any statutory nuisance.

7. The investigation of any complaint as to the existence of a statutory nuisance.

8. The obtaining of information under Section 330 of the Town and Country Planning Act 1990 as to interests in land where the function requiring the information is the responsibility of the Executive.

9. The obtaining of particulars of persons interested in land under Section 16 of the Local Government (Miscellaneous Provisions) Act 1976 where the function requiring the information is the responsibility of the Executive.

10. The making of agreements for the execution of highway works.

11. The appointment of any individual:

(a) To any office other than an office in which he is employed by the authority;

(b) To any body other than –

(i) The authority;

(ii) A Joint Committee of two or more authorities; or

(iii) To any Committee or Sub-Committee of such a body,

and the revocation of any such appointment;

Where the appointment relates to a function which is the responsibility of the Executive.

D. FUNCTIONS WHICH ARE THE RESPONSIBILITY OF THE FULL COUNCIL BY RESOLUTION OF THE FULL COUNCIL

1. Strategies and policies which are part of the Policy Framework by virtue of Article 4 of the Council’s Constitution.

2. The determination of an appeal against any decision made or on behalf of the authority.

3. The appointment of review Committees under regulations under sub-section (4) of Section 34 (determination of claims and reviews) of the Social Security Act 1998.

4. The making of arrangements pursuant to sub-section (1) of Section 67, and Schedule 18 to, the 1998 School Standards and Framework Act (appeals against exclusion of pupils).

5. The making of arrangements pursuant to Section 94(1) and (4) of, and Schedule 24 to, the 1998 School Standards and Framework Act (admission appeals).

6. The making of arrangements pursuant to Section 95(2) of, and Schedule 25 to, the 1998 School Standards and Framework Act (children to whom section 87 applies: appeals by governing bodies).

7. The making of arrangements under Section 20 (questions on police matters at council meetings) of the Police Act 1996 for enabling questions to be put on the discharge of the functions of a police authority.

8. The making of appointments under paragraphs 2 to 4 (appointment of members by relevant councils) of Schedule 2 (police authorities established under Section 3) to the Police Act 1996.

9. The obtaining of information under Section 330 of the Town and Country Planning Act 1990 as to interests in land where the function requiring the information is the responsibility of the full Council.

10. The obtaining of particulars of persons interested in land under Section 16 of the Local Government (Miscellaneous Provisions) Act 1976 where the function is the responsibility of the Full Council.

11. The appointment of any individual:

(a) To any office other than an office in which he is employed by the authority;

(b) To any body other than –

(i) The authority;

(ii) A Joint Committee of two or more authorities; or

(iii) To any Committee or Sub-Committee of such a body,

and the revocation of any such appointment;

Where the appointment relates to a function which is the responsibility of the Full Council.

ANNEX 3

FALL BACK PROPOSALS

APPENDIX 2

Setting a date for the referendum

13.9 When choosing the date on which to hold a referendum, a local authority should consult the returning officer who normally organises local elections on its behalf, and take into account any advice received from her or him.

13.10 In all cases, section 27(6) of the Act and equivalent provisions in the Petitions and Directions Regulations and Regulations made under section 30 or 33 of the Act specify that a referendum may not be held before the end of the period of two months beginning with the date on which proposals are sent to the Secretary of State.

13.11 The Petitions and Directions Regulations provide that in normal circumstances a local authority must send proposals to the Secretary of State within four months of receiving a valid petition or a direction and the referendum must be held within six months of receiving such a petition or direction. Those Regulations make exceptions to these timescales where the six month period expires within a period of 28 days either before or after the date of an election specified in paragraph 13.17, as follows:

· if the six months from the date of the petition or direction expires in the 28 days before such an election, the referendum may be combined with that election (see paragraph 13.19); or

· if the six months expires in the 28 days after such an election (see paragraph 13.18), the referendum may be held within a period of seven days beginning with the twenty-ninth day after the election.

13.12 In the case of either of the exceptions set out in paragraph 13.11, the proposals must still be sent to the Secretary of State at least two months before the date of the referendum.

MAXIMISING TURNOUT

13.13 Local authorities should take all reasonable steps to maximise turnout at local referendums. The research report Turnout at Local Government Elections: Influences on levels of voter registration and electoral participation provides useful information about local authority practices and initiatives, including a check-list of ideas for improving participation at local elections. As part of ongoing consultation with local communities, local authorities should ensure that, as far as possible, there are no barriers of conscience (for example religious festivals) to voting in referendums, in particular on the place, the day or in the period envisaged for the ballot.

13.14 The Referendum Regulations apply (with appropriate modifications) those provisions of the Representation of the People Act 2000 and the Representation of the People (England and Wales) Regulations 2001 that enable postal votes on demand.

13.15 Under the Representations of the People Act 2000, pilots of electoral innovations were conducted in a number of local elections in May 2000. Evaluations of these pilots suggest that ballots conducted wholly by post significantly improved levels of turnout. Regulation 10(1) of the Referendum Regulations therefore provides that a local authority may determine that its referendum will be conducted entirely by postal ballot (an ‘all-postal’ referendum). A local authority may not make such a determination if the referendum is already required to be combined with another poll (see paragraph 13.17), unless that poll is also for a referendum that is to be held by all-postal ballot.

13.16 Local authorities should, wherever possible, ensure that referendums are not held at times when participation in the electoral process is likely to be low (e.g. around public holidays). In particular, they will need to ensure that referendums are not to be held when sections of the electorate may be deterred from voting (e.g. during religious festivals). Local authorities should, as far as possible, time a referendum under the Act so that the poll would be combined with other polls.

COMBINATION OF POLLS

13.17 Regulation 14 of the Referendum Regulations provides that where a referendum is otherwise planned for a date within 28 days either side of another specified poll (or polls) - ‘the restriction period’ - the referendum must be combined with that other poll (or polls). To the extent that they are conducted in the area of the local authority in respect of which the referendum is to be held, the ‘specified polls’ are:

· an ordinary local election (not a by-election or parish election);

· a UK parliamentary General Election;

· a UK parliamentary by-election;

· a European Parliamentary General Election;

· a European Parliamentary by-election;

· an ordinary election of the Greater London Authority;

· a by-election for the Mayor of London; or

· in a two-tier area, a referendum in the other tier of that area that has already been publicly announced (see paragraph 13.35).

13.18 Combination of polls is not required where:

· in relation to any of the second, third, fifth or seventh of the elections listed above, the date for the local authority’s referendum is publicly announced before the date of that election is announced, and the dates are not the same;

· in relation to any of the second, third, fifth or seventh of the elections listed above, the local authority have made a determination to hold an all-postal referendum (see above) before the date of that election is announced; or

· by virtue of regulation 14(5) of the Referendum Regulations and 16 or 21 of the Petitions and Directions Regulations, a local authority have received a valid petition or a direction for a referendum, and the six month deadline expires in the period of 28 days after the date of an election listed above (see paragraph 13.11).

13.19 A referendum poll may be combined with any of the polls listed in paragraph 13.17 where, by virtue of regulation 14 of the Referendum Regulations and 16 or 21 of the Petitions and Directions Regulations, a local authority have received a valid petition or a direction for a referendum, and the six month deadline expires in the period of 28 days before the date of that election (see paragraph 13.11).

13.20 A referendum poll may also be combined with a by-election to fill a vacancy in a principal local authority in the area, or a by-election to fill a Greater London Assembly constituency vacancy in the area, if:

· where the referendum is being held in compliance with a direction of the Secretary of State, she or he so determines; or

· in any other case, the local authority holding the referendum so determines.

13.21 Where a decision to combine polls in any of the circumstances in paragraph 13.20, that decision must be communicated in writing by the decision-maker to all local authorities responsible for an election or referendum involved in the combination.

13.22 At least 14 days before giving public notice of a referendum (see paragraph 13.35), the proper officer of a county council or a district council in the area of a county council must give written notice of the intention to do so and the date for the referendum to the proper officers of all other principal local authorities in the area of the county council.

13.23 The purpose of this notice is to ensure that other relevant local authorities are made fully aware of all possible opportunities for combining polls. Accordingly, a proper officer in receipt of such notice must, if her or his own local authority is considering holding a referendum, consider the potential for combining the referendums, and reply within seven days of receipt, indicating whether or not her or his local authority wish to combine polls with the local authority whose proper officer sent the notice.