Concern over referendum delay

The cry of 'foul play' can be heard in the streets of Hayle following Penwith District Councils decision to question the procedure and technically of the public meeting which resulted in a referendum being called on the future of the Hawkins Motors Site in the town.

It is understood that the council have expressed concern on three issues namely that:

1. The meeting was not chaired by the Hayle Town Mayor
2. The meeting called on Penwith Council as a town/parish referendum cannot call on the District Council to do anything.
3. The referendum question was worded in such a way that it could be construed as ‘a leading question'.

On examination it would seem that there is no real basis to any of these concerns. The Mayor was present at the meeting and the opportunity to elect a chair for the meeting was given to those assembled including the Mayor.  The Local Government Act (1972) allows for the meeting to be chaired by a person appointed by the meeting so there seems to be no apparent cause for concern here.

On the second point there is no restriction on who can be asked to do what, indeed the Act is clear that ANY QUESTION that affects the parish may be put to a parish referendum. Hayle Eye has found many different bodies being on to do something by parish referenda. These have included asking National Government to ban the planting of GM crops, calling on the US Government to remove nuclear weapons, calling on the County Council for traffic calming measures, and even asking an individual to demolish an extension to a property build without planning consent. So it would seem that asking Penwith Council to act is well within the rights of the electorate.

On the third point the Act also seems to offer no defence to Penwith Council. There is no reference in the Act to how a question should be worded and indeed such advice would be difficult as it is often a matter of interpretation. What the Act does say clearly is that ANY QUESTION affecting the parish can be put to a referendum, so again it would seem that Penwith has nowhere to hide on this one either.

Of course any referendum which takes place under the Local Government Act 1972 is not binding on anyone so it must be asked why Penwith Council are raising apparently dubious concerns and points of order.

Could it be that to go against the will of the people expressed in a referendum would be embarrassing for them?

Could it be that they are using delaying tactics to prevent a referendum happening until after such time as they have made the planning decision?

Surely they would never stoop to such transparently devious and anti-democratic tactics - would they?