Metropolitan Governance

Birmingham’s contribution to local government numerology

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Chris Game

Right – we, meaning I, must start with a dilemma declaration. How to deal with a major national news item – “Birmingham City Council declares itself bankrupt” – the consequences of which, as a long-term Birmingham resident and ratepayer, will affect you personally and about which in the distant past you might well have been invited to opine seriously and professionally. Yes, carry on being retired and/or pretend you’re still on your hols.

Obviously, I’ve chosen an alternative route, emphasising background and context and stuff that might just provide some clarification, or at least updating.  And, if it seems frivolous, tasteless or just indulgent, I apologise. Blame me, not the editor.

I’ll start, as it’s in the intendedly eye-catching title, with numerology – the study of the hidden, divine or mystical meaning of numbers. Even if you’re not into it, you’ll quite likely have come across ‘angel numbers’, aka ‘lucky primes’ – sequences of digits that supposedly bode well and make you feel good. Or, as the ologists put it, messages from the spiritual universe offering insight, wisdom, and directionality – three-digit ‘lucky primes’ usually including 127, 151, 163, 193, etc.

And which bunch of local government personnel, more than most, could benefit from having such character traits built into their job descriptions? Section 151 Officers, of course; aka Chief Finance Officers (CFOs) – those required by Section 151 of the 1972 Local Government Act to arrange and take responsibility for the proper administration of their local authorities’ financial affairs.

Just check out the numerologists. “The energies of number 1 combined with the vibrations of number 5 … a sign from the divine realm that you need to be strong, act as a leader, and be in control of your future life …” etc. etc.

The only problem being that, with a bit of searching, you can get similar hokum for almost any three- or four-digit number. So, somewhat to my disappointment I admit, no fiddling whatever would have been required of the Office of the Parliamentary Counsel – the people who actually draft our laws – to ensure that these matters would be dealt with by Section 151 of the 1972 Act.  Excepting possibly the Satanic 666, which would make the Act impossibly long anyway, almost any three-digit number would have served.  

I knew this back in 2017, but I’ve habitually kept a vague look-out for any published follow-up from my INLOGOV blogs and admit that I was quite chuffed when a few years ago one was picked up and passed on by Room 151 – the “online news, opinion and resource service for local authority Section 151 and other senior officers covering treasury, pensions, strategic finance, funding, resources and risk …”.

Chuffed too to that, albeit over a lengthier time period than I was envisaging, the broad thrust of my argument of more being on the way has proved to be accurate – a somewhat nerdy argument, admittedly, that can certainly be made even nerdier, but that, for current blogging purposes, can also be tolerably summarised in a few sentences.

So here goes!  If a council’s Chief Finance/Section 151 Officer (forever male, of course, in the 1988 LG Finance Act, although Birmingham’s current Interim Director of Finance happens to be Fiona Greenway) reckons his council’s expenditure is likely to exceed available resources, he issues a Section 114 Notice prohibiting any new spending apart from that funding statutory services and existing contractual obligations. OK, geeks, they’re technically ‘Reports’, not ‘Notices’, but that really, really isn’t the serious issue.

It’s a situation in which things are pretty obviously and publicly getting out of hand – current spending way over budget, reserves virtually exhausted, no imminent solution. The alternative, however, is worse: Section 24 of the Local Audit and Accountability Act 2014, or washing your dirty linen in public – the council’s EXTERNAL auditors appending a Section 24 ‘Recommendation’ to their Annual Audit letter, “copied to the Secretary of State”.

Which may sound chummy, but, I suggested, was “the bullet-shaped chumminess of a Mafia ‘message job’”: very nasty, and rarer even than 114 Notices – historically. Yet – and this is what prompted that 2017 blog – in the space of two months two Section 24s had been issued, to councils at the very extreme ends of the council scale spectrum: the Scilly Isles and Birmingham, the latter’s then Labour Leader, Cllr Sir Albert Bore, describing it as “the most concerning audit letter” he’d seen in his 36 years as a councillor. For the record, though, and without further explanation, that’s the last you’ll read of them in this particular blog.

The distinctions between the 114/24 courses of action were interesting and debatable, but you didn’t have to be a terribly nerdy follower of local government finances to see the probable beginnings of a trend, so it was pleasing to have been reckoned insightful by the serious pros in Room 151. Especially when the trend didn’t gather pace as quickly and widely as I speculated it might.

However, given the way local government finance ‘works’ in this country, particularly under Conservative administrations, it was only going to be a matter of time, and gradually the signals became unmissable – accelerating in quite a big way with (then Lab) Croydon LBC in late 2020, who issued not one but two s114 Notices in successive months, having again failed to balance its budget in the permitted 21 days of grace. Understandably, it prompted a Commons Inquiry by Clive Betts’ ever-watchful Local Government (sorry – Levelling-up, Housing & Communities) Committee.

Slough BC (Lab then, C/LD now) was next in July 2021, despite having been one of eight councils granted “exceptional support” the previous year, as Ministers became increasingly concerned at the adverse publicity generated by threats of councils ‘going broke’.

Come December and Cumbria’s Copeland BC (Lab then, since abolished and incorporated into Cumberland) was reported to be “in Section 114 territory”, but was soon overshadowed by (Lab) Nottingham City Council’s unlawfully diverting cash from what should have been a ring-fenced Housing Revenue Account to ‘General Funds’ – an ‘accounting error’ which personally I found extraordinary, since it’s one of the few bits of tekkie lg finance that even I know. And it dragged on.

2022 saw serious acceleration. In May Northumberland Council (Con)issued a s114 for unlawful expenditure, including allowances paid to the council’s Chief Executive. It was possibly the case generating least sympathy for the beleaguered council, whose elected members and officers went public with their mutual distrust – not the only such example, but probably the bitterest. 

Towards the end of 2022 it became clear how desperate the situation – or at least the search for commissioners available to ’intervene’ – was becoming, as returning Local Government Secretary Michael Gove sought to launch anticipatory “turnaround programmes” short of sending in commissioners – ‘risk-mitigation directions’, in Govester jargon.

Not in time, however, to prevent Croydon LBC (NOC) issuing its third s114 in three years, and Thurrock Council (Con) having the courage/desperation to report that it would require “exceptional support” from Gove’s Department “over a number of years … to stabilise our financial position and give us time to have balanced budgets.”

At which point – after an obviously uplifting Christmas and New Year – “Whitehall officials”, in the person of Jeremy Pocklington, Permanent Secretary of the Department for Levelling Up, Housing and Communities (DLUHC), had the confidence/nerve/effrontery to announce to a Select Committee that even at the time sounded, well, brave.

As reported in The MJ (Jan 10th), “Whitehall officials are not expecting councils to issue further Section 114 notices in the coming weeks … our assessment, looking at the sector as a whole, is that the financial position is sustainable … strengthened by the additional resources made available in the Autumn Statement.”

Apart, that is, from the nine councils within the Special Interest Group of Municipal Authorities (Sigoma) who warned last week that they could issue a Section 114 notice by 2025; Stoke-on-Trent City Council (Lab) that announced this week that it is on the verge of bankruptcy … oh yes, and Birmingham.

Chris Game is an INLOGOV Associate, and Visiting Professor at Kwansei Gakuin University, Osaka, Japan.  He is joint-author (with Professor David Wilson) of the successive editions of Local Government in the United Kingdom, and a regular columnist for The Birmingham Post.

The Jaws of Doom – still relevant a decade on

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Chris Game

“Things from the past you’ll never see again”.  I came across a listing of these recently, and they were – well, moderately interesting. More so, anyway, than the accompanying “trends that have unfortunately returned” – pleated skirts, corsets, and structured vests, whatever they were.

The never-see-agains included smoking adverts, bubblegum cigarettes, and rotary push lawnmowers – to which I might easily have added “The Barnet Graph of Doom” as at least a never-expected-to-see-again.

It was a visual aid devised a dozen or so years ago primarily for the councillors of the London Borough of Barnet. It would come, however, to be associated with/appropriated by Birmingham City Council, and something with which some INLOGOV colleagues were so taken that it was discussed and illustrated in these pages not once but repeatedly – by, inter alia, me in May 2012 and January 2013 and the Institute’s then Director and this blog’s progenitor, Catherine Staite, in December 2012 and October 2013. Indeed, as Catherine notes in that second blog, it at least part-prompted an INLOGOV ‘book’ or, more accurately, Discussion Paper.

Impactful at the time, then, but at least not prominently, I presumed, over the ensuing decade. Certainly I, though at best semi-detached from these matters nowadays, was genuinely surprised to be confronted by its reappearance in a recent Financial Times (indeed, its double reappearance). Somewhat less so that it was credited entirely to Birmingham City Council, with Barnet getting, as my mother would have said, nary a mention. Which justifies at least a brief résumé, and for more senior readers a bit of reminiscence.

Some 15 years or so ago the very Conservative Barnet LBC acquired the not entirely flattering moniker of ‘easyCouncil’ – that precise orthography/spelling, though frequently ignored in the media, being arguably the policy’s most appealing attribute. With its stray upper-case C intendedly referencing the easyJet business model that inspired the council’s almost boundless outsourcing drive for no-frills efficiency, it embraced pretty well all services, from reduced-size waste bins and privatised street cleaning to limited ‘personalised’ adult social care budgets.    

Improved and cheaper services were obviously the aim, but senior officers foresaw that the sheer scale of demographic change – more children, more elderly – would in any foreseeable future take up an unmanageable proportion of the Council’s increasingly constricted budget. “No libraries, no parks, no leisure centres – not even bin collections”.  Hence the original Barnet Graph of Doom. The one on the left of the illustration, that is – the other, pleasing if more alarmist one, being a public ‘reminder’ tweeted a few years later, just as the social services budget was seriously taking off as forecast.

The Barnet graph, described at some length in my first blog and more summarily by the Guardian’s Public Services editor, David Brindle, started life as part of first a PowerPoint, later video, presentation used by the Council’s Chief Executive, Nick Walkley, to:

“focus the thoughts of colleagues and councillors …  In five to seven years we get to the point where it starts to restrict our ability to do anything very much else. Over a 20-year period, unless there was really radical corrective action, adult social care and children’s services would need to take up the totality of our existing budget.”

The tone, as Brindle noted, was deliberately alarmist, with the policy making no provision, inter alia, for Barnet’s anticipated rise in income through regeneration schemes. As an illustrative device, though, it was hugely effective. It featured regularly in local government media, and also in presentations by the late Sir Bob Kerslake – then Permanent Secretary at the DCLG, and whose outstanding career in both central and local government was fulsomely recounted following his recent death.

Alarming, yes, but “Where are the jaws?”, I hear you ask – and, of course, there weren’t any, yet. They were Birmingham Council’s contribution when it took the idea over and “simplified/dramatised” it by, as Patrick Butler put it, again in The Guardian, projecting “a ‘budget pressures’ line rising steeply to the top right of the grid, and a ‘grant reductions’ line crashing to the bottom right.”  It featured prominently as a ‘Jaws of Doom Graph’ in the council’s 2013 Budget Consultation document, and could indeed resemble, as Butler suggested, “a child’s depiction of a shark, or crocodile, about to bite its prey. Lunch, in this case, appears to be local government itself.”

In my January 2013 blog I sought to address the question of whether the ‘doom-mongering’ was entirely fair: Were “Birmingham and urban councils generally, or Labour councils, or the country’s most deprived areas, being particularly harshly treated by the government’s grant funding cuts?”

Which, you’ll be relieved to learn, I’ll not be bothering you with here – not least because, as already noted, for the vast bulk of the past decade I’ve personally given these particular ‘Jaws of Doom’ and their graph scarcely a passing thought. Now, though, I wonder whether that’s simply another consequence of a retiree’s detachment from the daily concerns and parlance of local government personnel. Could it be that this is what today’s finance officers jaw about, as it were, down the pub of an evening?

For suddenly there it was, weeks before the journalistic ‘silly season’, and in ‘The Pink Un’ – no, not Norwich City FC’s newsletter, but the albeit self-styled “worldʼs leading global business publication”: “The Jaws of Doom” graph in its original glory, and not once but twice. First, in a kind of editorial intro by Associate Editor, Stephen Bush, commending to readers William Wallis’ “excellent piece … featuring this alarming chart [shown on the right below] about the … ‘jaws of doom’ facing local authorities”.  And then Wallis’ article itself.

As you’d expect, it’s a good summary presentation – that I’d certainly be recommending to students, if I still had any – the thrust of which is that:

 “for more than a decade, local authorities in England have been sacrificing services and staff to what they call “the jaws of doom” – a reference to a graphic produced by Birmingham city council to show worsening budgetary pressures, that resembled a crocodile’s mouth.

Between rising demand for social care and other essential services, and the dwindling funds councils have received to provide these, discretionary spending on everything from libraries to youth clubs has already been eaten up.

Although local authorities won a better than usual financial settlement for 2023-24, 9.4% up on the year before, inflation running at 8.7% is eroding any benefits.”

And, having already well exceeded a thousand words, that’s where I’ll stop … though not before sharing the interesting and, more importantly, interactive graph of Sigoma’s English Indices of Multiple Deprivation also included in Wallis’ article – not new, so doubtless familiar to some readers, but to me unfamiliar, informative (see added results), surprising in places, and, I felt, worth sharing.  It made me (almost) sad not still to be lecturing and so able to play with it in public, as they say!

Chris Game is an INLOGOV Associate, and Visiting Professor at Kwansei Gakuin University, Osaka, Japan.  He is joint-author (with Professor David Wilson) of the successive editions of Local Government in the United Kingdom, and a regular columnist for The Birmingham Post.

Voter ID – the warning lights are flashing

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Picture credit: https://www.electoral-reform.org.uk/why-the-governments-mandatory-voter-id-plans-are-a-terrible-idea/

Jason Lowther

Previous columns have urged a cautious approach to the introduction of photographic voter ID in England.  The May 2023 elections provided the first nationwide test of the system, and early analyses are highlighting some significant issues. 

Elections took place in 230 areas in England and around 27 million people were eligible to vote.  This week, the Association of Electoral Administrators (the people in councils who actually deliver elections) issued their post-match analysis, highlighting ‘the fragility of the system’ and recommending a fundamental review of the country’s electoral arrangements.   

With less than four months between the enactment of the new legislation and polling day, which included new statutory duties on accessibility as well as voter ID, councils faced a huge and risky task to administer the new system effectively.  They also faced significantly more paperwork, with new forms to track electors unable to vote and new data capture requirements.  The AEA report significant impact on polling officials: ‘many of our members reported POs feeling overwhelmed by paperwork and the time it takes to complete throughout polling day and at the close of poll’.

The AEA report reveals that the government’s website to provide free photo ID to those needing Voter Authority Certificates (VACs) failed to work properly from its launch in January and many functions were still not available by the deadline to apply for a VAC for 4 May poll.  Updates were still being issued two weeks before polling day.  Almost 90,000 people applied for VACs by the deadline, well short of the Electoral Commission’s earlier estimate of 250,000 – 350,000 applications based on the proportion of local election voters who did not have suitable ID.  Many didn’t know they would need one – just over half (57%) of the overall population and those who said they did not already have photo ID were aware of VACs in May, according to the Electoral Commission.

The types of photo ID acceptable under the legislation proved rather esoteric.  Passports are accepted, but what about a passport from Zimbabwe or a British format immigration document?  London Oyster 60+ cards are accepted, but not the Merseytravel Over 60s pass which has similar application checks.  Photo IDs issued by councils themselves, such as taxi licences and gun licences, were presented but could not be accepted. Similarly police warrant cards, NHS and other emergency services photo ID were presented but unable to be accepted.

The Electoral Commission’s interim report on the election was issued on 23rd June.  They found that immediately before polling day, 87% of people in England (excluding London, where there were no elections) were aware that they needed to show photo ID to vote at a polling station – implying that around 3.5 m potential voters were not aware as the poll approached.  Awareness was lowest amongst young people, BME communities, those who haven’t previously voted in local elections, and people who didn’t have the necessary forms of photo ID.

To avoid voters queuing for a ballot paper and being turned away, in some areas ‘greeters’ were appointed to meet electors as they arrived and check whether they had an accepted form of photo ID with them.  Others provided posters and banners to explain the requirements outside polling stations.  Polling stations with greeters recorded a smaller proportion of people ‘turned away’ inside the polling station compared to those without greeters.  As a result of voters receiving advice outside the polling stations, and because of some other data issues, we should treat statistics on numbers of electors unable to vote with caution. Data collected inside polling stations shows that at least at least 0.7% of people (39,000 voters) who tried to vote at a polling station were initially turned away but around two-thirds of those people (63%) returned later in the day and were able to vote.  In some councils more than 1 in 100 electors were turned away.

More worryingly, the Electoral Commission found that 4% of people who said they did not vote in these elections gave an unprompted reason related to the ID rules, and the proportion of non-voters giving an ID-related reason rose from 4% to 7% when survey respondents were selecting from a list of reasons.

It was not possible to capture reliable demographic data on people who were not able to vote because of the ID requirement because electoral law did not allow polling station staff to collect demographic information about individuals who were turned away.  In the EC survey, disabled people and those who are unemployed were more likely than other groups to give a reason related to ID for not voting.

Voter confidence doesn’t seem to have been massively improved.  In fact, the EC found 68% of people were confident that the May elections were well run, compared to 73% in 2022.  For those who said they were not confident, the most common reason selected (by 46%) was that “some people were unable to vote due to the ID requirement”.

We await the Electoral Commission’s full report in the autumn.

Meanwhile, I close with an interesting comment made at the National Conservatism conference on the 15th May 2023 by former Secretary of State for Business, Energy and Industrial Strategy, Sir Jacob William Rees-Mogg:

Parties that try and gerrymander end up finding their clever scheme comes back to bite them – as dare I say we found by insisting on voter ID for elections.  We found the people who didn’t have ID were elderly and they by and large voted Conservative, so we made it hard for our own voters and we upset a system that worked perfectly well.

Jason Lowther is the Director of INLOGOV. His research focuses on public service reform and the use of “evidence” by public agencies.  Previously he worked with West Midlands Combined Authority, led Birmingham City Council’s corporate strategy function, worked for the Audit Commission as national value for money lead, for HSBC in credit and risk management, and for the Metropolitan Police as an internal management consultant. He tweets as @jasonlowther

Navigating between narratives of ‘vulnerability’ and ‘active citizenship’: how urban professionals facilitate citizen participation in marginalised neighbourhoods.

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Simone van de Wetering

Residents of marginalised neighbourhoods have long been governed as a vulnerable group in need of help. Today, they are increasingly expected to be active citizens and (co-)creators in improving their neighbourhood. In the Netherlands, like in other European countries, local and participatory approaches are now central in urban policy for marginalised neighbourhoods. But what does this shift in governance approach look like in the work practice of urban professionals who give shape to citizen participation?

Urban professionals are known to play a key role in realising citizen participation: municipal and non-municipal professionals, ranging from civil servants to professionals working for welfare organisations and other social partners linked to the neighbourhood. What their role exactly entails is, however, not really clear. Especially in terms of the (dis)empowerment of urban residents and in marginalised neighbourhoods. 

On the one hand, urban professionals are seen to empower citizens. They can navigate between different roles and mediate between ‘the state’ and ‘the people’ due to their unique position in between. On the other hand, they can undermine residents’ power. This can happen when, despite emancipatory aims, decision-making authority remains in the hands of public officials or is shared only with a small group of already privileged residents.

I explored how urban professionals gave shape to citizen participation in my ethnographic study of a participatory governance approach in a Dutch marginalised neighbourhood. Here, I found that the work of these urban professionals cannot be classified simply as either empowerment or disempowerment.

While the participatory approach was discursively positioned as embodying active citizenship, in the work practice of urban professionals the idea of vulnerable places and people in need of help was not so easily replaced. Residents were viewed as having problems and simultaneously as having talents and capabilities; they were assumed to be in need of help from the government and from professionals, while also being able to come up with and execute initiatives to improve the neighbourhood.

As urban professionals translated the broader shift in the governance of urban marginality to their work practice, they navigated between narratives of ‘vulnerability’ and ‘active citizenship’ and employed, what I call ‘selective empowerment’. This is a differentiated approach towards citizen participation in which professionals ascribe a significant role to themselves as a continuous support system for citizens. In the words of one urban professional: “Participation needs to be supported. . . . We [professionals] need to create a canvas on which participation can go nuts. But you can’t expect a painting to arise without bringing the brushes.” Moreover, they facilitate participation within a normative framework of ‘appropriate’ or more traditional expressions of active citizenship. For instance, youths who violently protested in response to the COVID-19 evening-curfew were redirected to a youth council.

By employing selective empowerment, urban professionals reproduced existing categories of vulnerability while reworking the meaning of ‘active citizenship’ or ‘citizen participation’ with marginalised groups. Acknowledging vulnerability is then not (only) a reproduction of existing inequalities. It is also an embedded approach employed by urban professionals to facilitate context-specific citizen participation against the background of urban marginalisation. A discursive shift in governance approach is not automatically synchronised with the work practice of urban professionals. Based on my research, I propose a more nuanced understanding of the work of urban professionals beyond mere empowerment or disempowerment. These insights may provide a starting point for urban professionals’, and, more generally, local governments’, reflexivity: to challenge not only their perceptions of residents as ‘vulnerable’, but also the storyline of residents as ‘active citizens’. Such reflexivity could imply a move beyond discursive ideals of ‘active citizenship’ towards context-specific practices of participation in local neighbourhood policy.

Simone van de Wetering is a PhD candidate at the Department of Public Law and Governance of Tilburg University. Her research focuses on identity and inequality in the city. In her PhD project, she studies citizen participation in marginalised urban neighborhoods in the Netherlands and France. Taking an ethnographic approach, she zooms in on the strategies of citizens and the state to make urban change.

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Local government should welcome Gordon Brown’s private bills proposal

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Phil Swann

Streamlined access to local legislation must be available to help struggling councils to improve rather than rewarding those that have already done so, writes a PhD candidate in central-local government relations at INLOGOV and former director of Shared Intelligence.

In 1926 Winston Churchill, then chancellor of the exchequer, successfully opposed a private bill promoted by Bristol Corporation to establish a municipal bank in order to stop “all kinds of incompetent town councils”, particularly “socialistic” ones, from running banks. He did so despite the fact that the bill was supported by his Conservative colleague and former mayor of Birmingham Neville Chamberlain, who argued that Birmingham’s municipal bank had encouraged thrift and home ownership.

It is interesting to reflect on this dispute (not the last between these two political Titans!) in the context of the move by Gordon Brown’s Commission on the Future of the UK to promote the use of private bills by local councils. Raising the prospect of “the great cities of England” exerting similar powers to the Scottish and Welsh governments, the commission recommends a new, streamlined process enabling councils to initiate local legislation in parliament. This, the commission argues, would give councils an ability to secure the powers they need and to have a direct relationship with Parliament.

Evading centralising tendencies

It is undoubtedly the case, as the commission argues, that private legislation provided a vehicle for innovation in Victorian local government in the face of the social, economic and physical impacts of the industrial revolution. 

The genesis of public health lies in local legislation as does the creation of public utilities to provide gas, electricity and public transport. It was the ability of local corporations to promote private legislation that fuelled Joseph Chamberlain’s ambition to turn Birmingham Corporation into “a real local parliament”. Private acts were also used by enterprising councils to evade the centralising tendencies of successive governments in the second half of the 19th century.

It is also the case, however, that by the inter-war period private legislation had become a feature of the tensions in central-local government relations rather than necessarily being a solution to them. The resources and ambition required to draft and promote private legislation reinforced a growing divide between “advanced” or “progressive” councils on the one hand and “backward” or “penny-pinching” councils on the other hand. This reinforced differences between the major cities and smaller towns and rural areas. The widespread use of private legislation also contributed to the ad hoc and complex structures and powers of Victorian local government.

Significantly these trends were reflected in the justification for increasing central government intervention in local politics. In the 19th century there was a shift in ministerial focus from corruption to efficiency and action to bring “backward” councils up to the standard of the “progressive”. The first half of the 20th century saw a financially driven move to rein in the most innovative councils and drive improvement in the poorly performing ones. The dispute between Churchill and Chamberlain over the Bristol bank bill is an example of this.

Clause acts and adoptive acts

Despite these warning notes from history, the ambition of the Brown commission to enable local leaders to have access to a streamlined process to initiate local legislation should be welcomed. Many of the problems that emerged when private legislation was a common feature of local government could be overcome if it was explicitly seen as a way of testing new legislative powers prior to wider adoption – genuine pioneering.

Two other legislative devices deployed in the Victorian period could help to secure this approach if they were refreshed alongside a revival of local legislation. The first device is a clauses act, the prime example being the Town Improvement Clauses Act 1847. It brought together the provisions most commonly inserted in and effectively deployed through local legislation. Clauses acts, each of which would relate to a particular service area or initiative, would both streamline the legislative process and avoid unhelpful adhockery.

The second device, which takes this a step further, is the adoptive act. This is a piece of legislation which has been through the parliamentary process but which comes into effect only when it is adopted by individual local authorities. Acts of this type could make powers that have been successfully adopted by one authority available to be adopted by others without requiring local drafting or taking up parliamentary time.

Earned autonomy?

One other issue which requires attention is whether there should be a link between an ability to initiate local legislation and a council’s perceived performance. A sustained thread running through central-local government relations since the 1830s is the view that that councils should not benefit from new powers or responsibilities until they have met certain conditions or achieved a certain standard.

Joseph Chamberlain, who made extensive use of private legislation in Birmingham, took a different view. In 1877 he argued that “whatever the defects” of a council “I defy you to make a better one for the place except by gradually increasing its functions and responsibilities and so raising its tone.” No earned autonomy for Chamberlain!

If the increased use of local legislation is to help achieve the ambition set out by Brown and his commissioners, it is essential that streamlined access to local legislation is available to help struggling councils to improve rather than as a reward for having done so.

This article first appeared in the Local Government Chronicle on 13th December 2022.

Phil Swann is researching a PhD on central-local government relations at INLOGOV

Voter ID – in theory, practice and mirrors

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Picture credit: https://www.electoral-reform.org.uk/why-the-governments-mandatory-voter-id-plans-are-a-terrible-idea/

Chris Game

“ID cards for polls are nothing more than suppression of voters” – D Butler. I’d forgotten precisely when and where I first read this pronouncement – May 2021 in The Times, as it turned out – shortly after the Government’s Elections Bill, now Act, was published. But I certainly remembered it.

Partly the phrasing, as personally I’d have gone for “nothing less than”, if I was hoping to galvanise readers into outraged protest. The seriously striking bit, though, was obviously the author.

Since first becoming fascinated by elections and electoral studies – thanks initially to Prof Richard Rose at the Univ of Manchester, then the late Prof Tony King at Essex – there has only ever been one D Butler in that file of my academic consciousness. Populariser of the Greekish word ‘psephology’ for the study of elections, and original authority figure in the BBC’s General Elections coverage: Nuffield College, Oxford’s Sir David Butler, who died earlier this month, aged 98.    

I knew him – distantly, but sufficiently to know he’d never have uttered anything resembling that strongly opinionated opening sentence – and, of course, ’twas not he. Rather, as I almost immediately realised, it was Dawn Butler: recent candidate for Deputy Labour Party Leader and, it so happens, MP for the London Brent constituency in which I first voted – shortly before she was born.

All of which might have excused a quickish blog return to the contentious Voter ID issue – within weeks of its last coverage – even if it hadn’t once more been prominently in the news this past fortnight, with Parliament finally getting its first full sight of the Government’s Voter Identification Regulations and the Electoral Reform Society leading the call for a parliamentary inquiry into its implementation.

The Elections Act requires voters, from next May, to produce photo ID at UK Parliamentary and most English local elections. And now, a mere six months or so later, we – and the local election officials required to implement them – finally have the Government’s list of acceptable forms of ID and proposed guidelines governing initially next May’s council elections: Coronation permitting, in most English councils – though not Birmingham, to save you checking.

The guidelines run to just the 344 pages, taking effect probably in January. Leaving already pressured election officials with minimal time (and as yet undetailed costs, beyond a ‘ballpark’ £180 million per decade) to process and issue electoral identity documents for those who gradually discover they don’t have acceptable forms of photo ID. Plus the near certainty that at least some would-be, and quite likely upset, voters will be turned away at their polling stations – which could add to the fun for the small army of volunteer poll workers.

At which point I should indicate my personal viewpoint. Instinctively – and certainly predating Birmingham’s own 2004 embarrassment of six Labour councillors getting elected through what was judicially described as a “massive, systematic and organised” postal voting fraud campaign – I’ve long broadly supported, in principle, stronger election integrity rules in general and photo voter ID specifically.

And I have recounted in these columns the reactions of some of my overseas students to the frankly casual ID confirmation procedures they’ve observed when accompanying me to the polling station. Their surprise at the staff’s indifference to whether I’ve brought my poll card identification; and almost shock as I ‘helpfully’ point on the register to what I claim is my name and address.

So why my support in principle for photographic ID – as well as nowadays that of a substantial majority of voters themselves and the conditional backing of the independent Electoral Commission?  Simples!  Elections are the engines of our democratic system. They should be seen by all as important, and that perceived importance is diminished by not having visibly more robust voter identification procedures – like virtually all other ‘democratic’ nations.

On the Crime Prevention Research Center’s database of Europe’s nearly 50 such countries, “only the United Kingdom” does not require government-issued photo voter ID to vote in national elections.

Correction!  Not the UK, just GB. Northern Ireland introduced voter ID nearly 20 years ago, and now has numerous forms of acceptable photographic ID – including, as well as passports and driving licences, a free Electoral Identity Card, plus senior, disabled and blind persons’ ‘SmartPasses’.

Since when, the Electoral Commission has found that, far from prompting polling day protest riots, voters’ confidence that elections are well-run has steadily increased to at least match the levels in other UK regions[1]. The demonstrable message has been not that we elsewhere in the UK are uniquely virtuous and trustworthy – though even Ministers concede that fraud levels are minimal, if not invariably seen as such. Rather, it’s that for us – and successive Governments – voting has been seen as less big a deal than, say, collecting a parcel at a post office.

Until now, that is, following a decade of quite dramatic change in the voting behaviour of particularly our 18 to 24-year-olds. Their turnouts are invariably lower than the average, but still high enough to hurt. In the 2010 General Election these mostly fledgling voters split equally across the Conservatives, Labour and Lib Dems, roughly 30% for each. By 2019, almost overlooked in the Conservatives’ overwhelming win, it was Labour 52%, Conservatives 28%, Lib Dems 11%.

That’s what evidently prompted the rush – not ‘personation’ or fraud, which for polling station voting are acknowledged as negligible. Rather, a possible early General Election campaign in which the Conservatives don’t start way ahead of the field. It also explains why the apparently generous range of 21 acceptable forms of ID is clearly weighted towards the better paid and over-60s. Older Person’s Bus Pass, Oyster 60+ card, Freedom Pass (66+), Scottish National Entitlement Card (60+), etc. – all welcome. Those particularly applicable to younger people, like Student ID cards or Railcards, remain “unacceptable”, as in the original legislation.

Yes, as in Northern Ireland, free ‘Voter Authority Certificates’ will be available – including online – and a public awareness campaign will remind you and your selfie to apply in time.  And no, none of this remotely approaches the legalised voter suppression we saw in some of this November’s American state elections. But – to coin a dreadful cliché – it’s from the same partisan playbook.

As are the £1.3 million-worth of 40,000 mirrors and privacy screens – one of each per polling station – that desperately cash-strapped councils must provide to check on would-be voters with religious face coverings. But they may well prove worth a blog of their own sometime before next May.

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A slightly publisher-edited version of this blog appeared in The Birmingham Post, 17th November – https://www.pressreader.com/uk/birmingham-post/20221117/textview

[1] Examples from the Electoral Commission’s ‘Winter Tracker’, Jan/Feb 2022:

   “Elections are affected by fraud/corruption?”  Total agree: 37%; W Midlands 37%; NI 30%.

Those “not confident that elections are well run: Some people have difficulties registering to vote”:                                          
Total agree: 20%; W Midlands 18%; NI 10%.

Chris Game is an INLOGOV Associate, and Visiting Professor at Kwansei Gakuin University, Osaka, Japan.  He is joint-author (with Professor David Wilson) of the successive editions of Local Government in the United Kingdom, and a regular columnist for The Birmingham Post.