Referendum explained
It’s now confirmed that voters in Birmingham will be asked, at a referendum on 3rd May, to decide whether they want Birmingham Council to be run by a directly elected mayor. The referendum will take place on the same day as the local council elections. Here’s something to explain as clearly as possible what the referendum is all about, and how it works, to help you make your mind up. We’ve borrowed a lot of it from Bristol Council’s page.
We do want to encourage you to vote – which ever way you do.
What exactly is a referendum?
A referendum is a vote – but instead of asking you to choose which person you want to elect from amongst all the different candidates standing, it is instead a vote to ask you to answer an important question.
In this case, the big question is about whether or not you would like to have a directly elected Mayor for Birmingham.
Why is this referendum being held?
Parliament recently passed a law requiring the 10 largest cities in England including Birmingham, to have this vote on May 3, 2012.
What exactly will you be asked to vote on?
The ballot papers will ask you:
How would you like Birmingham City Council to be run?
By a leader who is an elected councillor chosen by a vote of the other elected councillors. This is how the council is run now.
By a mayor who is elected by voters. This would be a change from how the council is run now.
You’ll vote by putting a clear cross in the box next to whichever of those two alternatives you choose, just like during normal elections.
Parliament has adopted those exact words, based on a recommendation from the Electoral Commission, so that is the choice you will see on your ballot paper.
What exactly is the difference between the current system, with a Council Leader, and a directly elected Mayor?
Lots of people will argue that one system would work better than the other for a range of reasons. We will just stick to the facts, to help you make your own mind up by comparing some of the main differences between the two, and showing also where there would be some similarities.
What exactly is the difference between the current system, with a Council Leader, and a directly elected Mayor?
We think that a directly elected mayor would work better than the current system for a range of reasons. But here we will just stick to the facts, to help you make your own mind up by comparing some of the main differences between the two, and showing also where there would be some similarities.
Differences between the two models:
| Council Leader | Elected Mayor |
|---|---|
| TheCouncil Leader is elected by the full council of locally elected councillors. In practice only those of the ruling party. | The elected Mayor would be directly elected by the people of Birmingham. |
| The Council Leader is one of the elected councillors. | The elected Mayor would be in addition to the elected councillors (and would not be a councillor themselves). |
| The Council Leader is elected by the council for a period of up to four years, but can be voted out of office if they no longer have the support of the majority of the other councillors. | The elected Mayor holds office for four years and cannot be voted out of office by the councillors. |
| Each year the Council Leader presents a budget and major policies to the council. They can be approved by a majority and, in the same way, any changes proposed by the council require a majority. | Each year the elected Mayor would present a budget and major policies to the council. Those plans could be approved by a majority. However, any changes proposed by the council would need to have the support of at least two-thirds of the council. |
| The Council Leader is held to account through full council and councillor committees. (He or she also has to stand for election as a local councillor every four years in one of Birmingham’s electoral wards.)A Council Leader cannot be removed from their post by the voters during their term of office. | The elected Mayor would be scrutinised through full council and councillor committees, as well as through direct elections across the whole city, normally on a four year cycle. A directly elected Mayor cannot be removed from their post by the voters during their term of office. |
Similarities between the two models
Cabinet and deputies:
Either the elected Mayor or the Council Leader would each appoint a Cabinet of at least two and up to nine councillors, one of whom would be appointed as Deputy Mayor or Deputy Leader as appropriate. Together they would be responsible for a range of council services – from social care to waste collections.
Decision making:
The elected Mayor or Council Leader would decide on which kind of decisions are taken by either:
- Themselves individually
- Or delegated to the Cabinet (known as the Executive)
- Or delegated to individual Cabinet members
- Or delegated to officers.
All key decisions must be made in public unless the matter is confidential.
Most decision making of the council is delegated down to officers because of the volume of decisions that must be made.
Committees:
Under either system, the council would still appoint and maintain a range of committees including Planning, Licensing, Overview and Scrutiny and Audit Committees, as the law requires that some important decisions (such as on planning applications) will continue to be taken independently of either a directly elected Mayor or a Council Leader.
Will you be asked to choose who you want to be directly elected Mayor for Birmingham on May 3, 2012?
No. There will be no candidates for you to choose between on the ballot paper on May 3, 2012. If a majority of people voting in Birmingham do choose in the referendum on that day to have a directly elected Mayor, that election itself will take place on November 15, 2012.
If we choose to swap to a directly elected Mayoral system for Birmingham,will we have that new system indefinitely?
Yes, unless a new law is passed by Parliament to allow Birmingham voters to swap back to the previous system or extend to the idea of a Mayor for the whole West Midlands.
Who gets to vote on May 3, 2012?
Everybody aged 18 or above, who lives in the City of Birmingham, is on the Electoral Register and is permitted to vote in local elections.
The Electoral Register is a list of people in the area who are eligible to vote in an election. If you are not already on the register of electors and you wish to vote in the 3rd May 2012 Referendum, please complete the council’s register to vote form.
Would a directly elected Mayor for Birmingham have extra legal powers that the council doesn’t currently have, to help them make Birmingham a better city?
Not definitely. The new law bringing in this vote doesn’t give any extra formal legal powers to a new directly elected Mayor, if Birmingham voters choose to have one in the forthcoming referendum. The exact powers of a mayor of Birmingham would have has not yet been decided by the Government, but they have published a consultation that suggested elected mayors could ask for extra powers to be handed down to them at local level and have announced possible extra budget for mayors to spend.
Would the referendum for an elected Mayor affect the frequency and timing of local council elections?
No.
If the voters of Birmingham choose to have a directly elected Mayor, does this mean that it would replace or take over the ancient office of Lord Mayor – or would we instead have two Mayors in Birmingham from then on?
In Birmigham, the Chair of the Council, who cannot be the Council Leader or the elected Mayor, will continue to be known as the Lord Mayor. The Lord Mayor is one of the elected councillors, chosen annually by full council, and dates back many years.
The Lord Mayor is usually someone who has been a councillor for a number of years, and is a new appointment every year. The office of Lord Mayor is a (largely) ceremonial post, and by tradition, the councillor who holds that office takes no part in the political life of the council for their year of office. The roles of directly elected Mayor and Lord Mayor are very different – although the similarity of the titles might prove a little confusing sometimes.
If Birmingham does vote to have a directly elected Mayor, who would be able to stand?
Anyone over 18, who lives, works or occupies land as owner or tenant in Birmingham, would (usually) be able to stand in such an election, if properly nominated. Current or former councillors or MPs would be able to stand, as would anyone else eligible. Candidates can be either independent or stand on behalf of a political party. If a councillor were to stand and were successful in a Mayoral election then they would be required to give up their councillor role. It would be for the voters to choose between candidates at any such election on November 15, 2012 – but there would only be such an election if more Birmingham people vote for the change on May 3, 2012 than vote to stay with the current system.
How can you find out more factual information, or arguments for or against the change?
- View the Plain English guide to the Localism Act on the Communities and Local Government website.
