The government's opportunistic support for referenda will damage democracy

The tool of dictators and demagogues makes its return.

This government has implemented or announced referenda for three things: a national referendum on whether or not the electoral system used in general elections should be switched to AV; a local referendum whenever a council decides to increase council tax by more than 2 per cent in one year; and a national referendum, to be held in the second half of the next parliament if the Tories get a majority and David Cameron manages to renegotiate Britain's treaties, on whether or not the UK should stay in the EU.

That is not the pattern of a government which has a coherent belief in when norms of democracy require referenda; it is, rather, the pattern of a government which believes in the art of using referenda to manipulate the agenda under the guise of democracy.

The AV referendum is the sort which, under the shaky constitutional settlement which emerged from the Blair years, is now a requirement. Major constitutional changes require the consent of those hit by them. Major, in this case, has previously meant a change to electoral politics, or substantial delegation of sovereignty (the exception being Northern Ireland, where the Good Friday referendum was integral to building a coalition of support for the Good Friday agreement). There was ridiculous, infantile campaigning, but the need for a referendum was clear.

The referendum on membership of the EU is less clear. The referendum is apparently justified based on the fact that there has been a significant amount of change in the EU since the last referendum in 1975. But Britain, with its unwritten constitution, is almost characterised by gradual but persistent change. In the last hundred years, the roles of the monarchy and the House of Lords have changed dramatically, without referenda. The UK has also joined, and strengthened its ties to, the UN, NATO, the IMF and the WTO, without referenda.

This is likely part of the reason the referendum is predicated on the idea that Cameron wins "concessions" from the EU. That way, what is being voted on isn't continued membership in an institution which has gradually changed, but rather a straight proposal to directly change a number of things in our relationship with that institution.

But the referendum proposal which really demonstrates the government's desire to use the system as a political bludgeon is Eric Pickle's suggestion that councils which raise council tax by more than two per cent should have to hold local referenda.

There is no constitutional or theoretical justification for this whatsoever. Pickles says:

I don’t have a problem with councils that want to put up council tax if they have a good reason – to fund local opportunities. But I do have an issue if they don’t ask permission first. They have to man up. Be straight with people. Take them into their confidence. If the public believes you’ve got a sensible case they might well listen. But councils should also stop treating residents with contempt.

But if that is to be a guiding principle for future referenda, then why did the government not "man up" when they raised VAT? And ought they to have been "straight with people" when they ended EMA? They certainly didn't "take them into their confidence" over their decision to proceed with a top-down re-organisation of the NHS.

If this government did decide to move to a Swiss-style system of direct democracy, that would be a major constitutional change. Ironically, it would probably be so large as to require a referendum to give it the mandate to do so.

But it transparently has no desire to do so. Instead, the referendum lock on council tax is just a method to impose a cap in a way that replaces toxic language of "central government control" with happy words like "democracy" and "consultation".

We already have democracy, of sorts, in the UK. It is representative, and it relies on parties and candidates running for election with clear sets of promises and priorities, and then sticking to them once elected. If Mr Pickles does want to attack "democracy dodgers", he could do worse than to look at his own coalition partners, authors of the most famous fictional manifesto in British political history. But offering votes on things you'll win, then ignoring public opinion on things you won't, isn't democracy in any sense I recognise. It's more recognisable as the tool of dictators and demagogues Atlee warned of.

Photograph: Getty Images

Alex Hern is a technology reporter for the Guardian. He was formerly staff writer at the New Statesman. You should follow Alex on Twitter.

Photo: Getty Images/AFP
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Is Yvette Cooper surging?

The bookmakers and Westminster are in a flurry. Is Yvette Cooper going to win after all? I'm not convinced. 

Is Yvette Cooper surging? The bookmakers have cut her odds, making her the second favourite after Jeremy Corbyn, and Westminster – and Labour more generally – is abuzz with chatter that it will be her, not Corbyn, who becomes leader on September 12. Are they right? A couple of thoughts:

I wouldn’t trust the bookmakers’ odds as far as I could throw them

When Jeremy Corbyn first entered the race his odds were at 100 to 1. When he secured the endorsement of Unite, Britain’s trade union, his odds were tied with Liz Kendall, who nobody – not even her closest allies – now believes will win the Labour leadership. When I first tipped the Islington North MP for the top job, his odds were still at 3 to 1.

Remember bookmakers aren’t trying to predict the future, they’re trying to turn a profit. (As are experienced betters – when Cooper’s odds were long, it was good sense to chuck some money on there, just to secure a win-win scenario. I wouldn’t be surprised if Burnham’s odds improve a bit as some people hedge for a surprise win for the shadow health secretary, too.)

I still don’t think that there is a plausible path to victory for Yvette Cooper

There is a lively debate playing out – much of it in on The Staggers – about which one of Cooper or Burnham is best-placed to stop Corbyn. Team Cooper say that their data shows that their candidate is the one to stop Corbyn. Team Burnham, unsurprisingly, say the reverse. But Team Kendall, the mayoral campaigns, and the Corbyn team also believe that it is Burnham, not Cooper, who can stop Corbyn.

They think that the shadow health secretary is a “bad bank”: full of second preferences for Corbyn. One senior Blairite, who loathes Burnham with a passion, told me that “only Andy can stop Corbyn, it’s as simple as that”.

I haven’t seen a complete breakdown of every CLP nomination – but I have seen around 40, and they support that argument. Luke Akehurst, a cheerleader for Cooper, published figures that support the “bad bank” theory as well.   Both YouGov polls show a larger pool of Corbyn second preferences among Burnham’s votes than Cooper’s.

But it doesn’t matter, because Andy Burnham can’t make the final round anyway

The “bad bank” row, while souring relations between Burnhamettes and Cooperinos even further, is interesting but academic.  Either Jeremy Corbyn will win outright or he will face Cooper in the final round. If Liz Kendall is eliminated, her second preferences will go to Cooper by an overwhelming margin.

Yes, large numbers of Kendall-supporting MPs are throwing their weight behind Burnham. But Kendall’s supporters are overwhelmingly giving their second preferences to Cooper regardless. My estimate, from both looking at CLP nominations and speaking to party members, is that around 80 to 90 per cent of Kendall’s second preferences will go to Cooper. Burnham’s gaffes – his “when it’s time” remark about Labour having a woman leader, that he appears to have a clapometer instead of a moral compass – have discredited him in him the eyes of many. While Burnham has shrunk, Cooper has grown. And for others, who can’t distinguish between Burnham and Cooper, they’d prefer to have “a crap woman rather than another crap man” in the words of one.

This holds even for Kendall backers who believe that Burnham is a bad bank. A repeated refrain from her supporters is that they simply couldn’t bring themselves to give Burnham their 2nd preference over Cooper. One senior insider, who has been telling his friends that they have to opt for Burnham over Cooper, told me that “faced with my own paper, I can’t vote for that man”.

Interventions from past leaders fall on deaf ears

A lot has happened to change the Labour party in recent years, but one often neglected aspect is this: the Labour right has lost two elections on the bounce. Yes, Ed Miliband may have rejected most of New Labour’s legacy and approach, but he was still a protégé of Gordon Brown and included figures like Rachel Reeves, Ed Balls and Jim Murphy in his shadow cabinet.  Yvette Cooper and Andy Burnham were senior figures during both defeats. And the same MPs who are now warning that Corbyn will doom the Labour Party to defeat were, just months ago, saying that Miliband was destined for Downing Street and only five years ago were saying that Gordon Brown was going to stay there.

Labour members don’t trust the press

A sizeable number of Labour party activists believe that the media is against them and will always have it in for them. They are not listening to articles about Jeremy Corbyn’s past associations or reading analyses of why Labour lost. Those big, gamechanging moments in the last month? Didn’t change anything.

100,000 people didn’t join the Labour party on deadline day to vote against Jeremy Corbyn

On the last day of registration, so many people tried to register to vote in the Labour leadership election that they broke the website. They weren’t doing so on the off-chance that the day after, Yvette Cooper would deliver the speech of her life. Yes, some of those sign-ups were duplicates, and 3,000 of them have been “purged”.  That still leaves an overwhelmingly large number of sign-ups who are going to go for Corbyn.

It doesn’t look as if anyone is turning off Corbyn

Yes, Sky News’ self-selecting poll is not representative of anything other than enthusiasm. But, equally, if Yvette Cooper is really going to beat Jeremy Corbyn, surely, surely, she wouldn’t be in third place behind Liz Kendall according to Sky’s post-debate poll. Surely she wouldn’t have been the winner according to just 6.1 per cent of viewers against Corbyn’s 80.7 per cent. 

Stephen Bush is editor of the Staggers, the New Statesman’s political blog.