Homes for votes scandal
Encyclopedia
The Homes for votes scandal was a political scandal in the United Kingdom which involved the selling off of council housing to potential Conservative voters by Westminster City Council
.
were narrowly re-elected to Westminster City Council
in the 1986 local council elections
, with their majority reduced from 26 to just four seats. The Conservatives
in total only held onto control of the council by 106 votes after Labour failed to gain the marginal Cavendish Ward which was needed to give Labour
the majority to take control of the council. After the election and fearing that they would eventually lose control unless there was a permanent change in the social composition of the borough, council leader Shirley Porter
instituted a secret policy known as 'Building Stable Communities', focusing on eight marginal wards where the Conservatives wished to gain votes at the 1990 local council elections
.
. In reality, secret documents showed that the wards most subject to these stress factors were rather different, and that the eight wards chosen had been the most marginal in the City Council elections of 1986. Three—Bayswater, Maida Vale and Millbank—had been narrowly won by Labour. A further three, St. James's, Victoria and Cavendish had been narrowly won by the Conservatives, in West End ward an Independent had split the two seats with the Conservatives while in Hamilton Terrace the Conservatives were threatened by the SDP
.
An important part of this policy was the designation of much of Westminster's council housing for commercial sale, rather than re-letting when the properties became vacant. The designated housing was concentrated in those wards most likely to change hands to Labour in the elections. Much of this designated housing lay vacant for months or even years before it could be sold. To prevent its occupation by squatters or drug dealers, these flats were fitted with security doors provided by the company Sitex at a cost to local tax payers of £50 per week per door.
Other council services were subverted to ensure the re-election of the majority party in the 1990 elections. In services as disparate as street cleaning, pavement repair and environmental improvements, marginal wards were given priority while safely Labour and safely Conservative parts of the city were neglected.
Another vital part of 'Building Stable Communities' was the removal of homeless voters and others who lived in hostels and were perceived less likely to vote Conservative, such as students and nurses, from Westminster. While this initially proved successful, other councils in London and the Home Counties
soon became aware of homeless individuals and families from Westminster, many with complex mental health and addiction problems, being dumped in their area.
As Westminster City Council found it more difficult to move homeless people outside Westminster, increasingly the logic of the 'Building Stable Communities' programme required the concentration of homeless people within safe wards in Westminster. In 1989 over 100 homeless families were removed from hostels in marginal wards and placed in the Hermes and Chantry Point tower blocks in the safe Labour ward of Harrow Road. These blocks were "riddled" with asbestos, and should have either been cleaned up or demolished a decade before, but had somehow remained in place due to funding disputes between Westminster City Council and the former Greater London Council
. Many of the flats had had their heating and sanitation systems destroyed by the council to prevent their use as drug dens, others had indeed been taken over by heroin users and still others had pigeons making nests out of asbestos.
councillors and members of the public referred this policy to John Magill (the Audit Commission's
District Auditor) to check on its legality, and as a result it was ordered to be halted in 1989 whilst investigations continued.
In 1990, the Conservatives
were re-elected in Westminster, when they won all but one of the wards targeted by Building Stable Communities policy. Porter stood down as Leader of the Council in 1991, and served as Lord Mayor of Westminster in 1991-2. She resigned from the council in 1993, and retired to live in Israel
with her husband.
On 26 January 1994 Dr. Michael Dutt, joint chairman of Westminster's housing committee between 1988-1990 and one of ten councillors facing the surcharge, was found dead from a self-inflicted gunshot wound in his St Albans home, with papers from the investigation by his side.
" liable for repaying £36.1m, lost in the attempts to fix the election.
The District Auditor's judgement was upheld by the High Court in 1997 with liability reduced solely to Porter and Weeks. The Court of Appeal
overturned the judgement in 1999, but the House of Lords
reinstated it in 2001 (see Porter v Magill
[2001] UKHL 67, [2002] 2 AC 357). In Israel, Porter transferred substantial parts of her great wealth to other members of her family and into secret trusts in an effort to avoid the charge, and subsequently claimed e to have only £300,000 of assets.
On 24 April 2004, the (still Conservative controlled) Westminster City Council and the Audit Commission
announced that an agreement had been reached for a payment of £12.3 million in settlement of the debt. The council declared that the cost of legal action would be far greater than the amount to be recovered, while Porter still maintained her innocence. The decision was appealed by Labour members on the Council and the District Auditor began another investigation. The ensuing report, issued on 15 March 2007, accepted the position of the council that further action would not be cost effective. The Auditor further stated that Westminster had recovered substantially all of Dame Shirley's personal wealth and had acted at all times in the best interests of the taxpayers of the City.
The Labour Party in London continued its pursuit of Porter and following the settlement, Porter returned to Westminster to live, buying a £1.5m flat with family money (her husband and son are independently wealthy). The former Mayor of London
, Ken Livingstone
, subsequently requested that Lord Goldsmith, the Attorney General
, commence an investigation as to whether or not Porter committed perjury or other offences, during the conduct of the 'homes for votes' case.
In 2009, then council leader Colin Barrow apologised unreservedly to all those affected by the gerrymandering
policy. He criticised Shirley Porter by name for the first time and added that her actions were "the opposite of the council's policies today".
broadcast a radio play—Shirleymander—depicting the principal events of Shirley Porter's time as leader of Westminster City Council in the 1980s.
Westminster City Council
Westminster City Council is the local authority for the City of Westminster in Greater London, England. It is a London borough council and is entitled to be known as a city council, which is a rare distinction in the United Kingdom. The city is divided into 20 wards, each electing three councillors...
.
Background
The ConservativesConservative Party (UK)
The Conservative Party, formally the Conservative and Unionist Party, is a centre-right political party in the United Kingdom that adheres to the philosophies of conservatism and British unionism. It is the largest political party in the UK, and is currently the largest single party in the House...
were narrowly re-elected to Westminster City Council
Westminster City Council
Westminster City Council is the local authority for the City of Westminster in Greater London, England. It is a London borough council and is entitled to be known as a city council, which is a rare distinction in the United Kingdom. The city is divided into 20 wards, each electing three councillors...
in the 1986 local council elections
United Kingdom local elections, 1986
Local elections were held in the United Kingdom in 1986. There was a 3% reduction in the number of councillors, owing to the abolition of the Greater London Council and the Metropolitan County Councils....
, with their majority reduced from 26 to just four seats. The Conservatives
Conservative Party (UK)
The Conservative Party, formally the Conservative and Unionist Party, is a centre-right political party in the United Kingdom that adheres to the philosophies of conservatism and British unionism. It is the largest political party in the UK, and is currently the largest single party in the House...
in total only held onto control of the council by 106 votes after Labour failed to gain the marginal Cavendish Ward which was needed to give Labour
Labour Party (UK)
The Labour Party is a centre-left democratic socialist party in the United Kingdom. It surpassed the Liberal Party in general elections during the early 1920s, forming minority governments under Ramsay MacDonald in 1924 and 1929-1931. The party was in a wartime coalition from 1940 to 1945, after...
the majority to take control of the council. After the election and fearing that they would eventually lose control unless there was a permanent change in the social composition of the borough, council leader Shirley Porter
Shirley Porter
Dame Shirley Porter, Lady Porter, DBE, is a former Conservative leader of Westminster City Council in London and a prominent philanthropist in Israel and the UK. She is the daughter and heir of Sir Jack Cohen, the founder of Tesco supermarkets...
instituted a secret policy known as 'Building Stable Communities', focusing on eight marginal wards where the Conservatives wished to gain votes at the 1990 local council elections
United Kingdom local elections, 1990
Local elections were held in the United Kingdom in 1990. They were the last local elections held before the resignation of Prime Minister Margaret Thatcher in November 1990....
.
Implementation of the policy
Eight wards were selected as 'key wards' - in public it was claimed that these wards were subject to particular 'stress factors' leading to a decline in the population of WestminsterCity of Westminster
The City of Westminster is a London borough occupying much of the central area of London, England, including most of the West End. It is located to the west of and adjoining the ancient City of London, directly to the east of the Royal Borough of Kensington and Chelsea, and its southern boundary...
. In reality, secret documents showed that the wards most subject to these stress factors were rather different, and that the eight wards chosen had been the most marginal in the City Council elections of 1986. Three—Bayswater, Maida Vale and Millbank—had been narrowly won by Labour. A further three, St. James's, Victoria and Cavendish had been narrowly won by the Conservatives, in West End ward an Independent had split the two seats with the Conservatives while in Hamilton Terrace the Conservatives were threatened by the SDP
Social Democratic Party (UK)
The Social Democratic Party was a political party in the United Kingdom that was created on 26 March 1981 and existed until 1988. It was founded by four senior Labour Party 'moderates', dubbed the 'Gang of Four': Roy Jenkins, David Owen, Bill Rodgers and Shirley Williams...
.
An important part of this policy was the designation of much of Westminster's council housing for commercial sale, rather than re-letting when the properties became vacant. The designated housing was concentrated in those wards most likely to change hands to Labour in the elections. Much of this designated housing lay vacant for months or even years before it could be sold. To prevent its occupation by squatters or drug dealers, these flats were fitted with security doors provided by the company Sitex at a cost to local tax payers of £50 per week per door.
Other council services were subverted to ensure the re-election of the majority party in the 1990 elections. In services as disparate as street cleaning, pavement repair and environmental improvements, marginal wards were given priority while safely Labour and safely Conservative parts of the city were neglected.
Another vital part of 'Building Stable Communities' was the removal of homeless voters and others who lived in hostels and were perceived less likely to vote Conservative, such as students and nurses, from Westminster. While this initially proved successful, other councils in London and the Home Counties
Home Counties
The home counties is a term which refers to the counties of South East England and the East of England which border London, but do not include the capital city itself...
soon became aware of homeless individuals and families from Westminster, many with complex mental health and addiction problems, being dumped in their area.
As Westminster City Council found it more difficult to move homeless people outside Westminster, increasingly the logic of the 'Building Stable Communities' programme required the concentration of homeless people within safe wards in Westminster. In 1989 over 100 homeless families were removed from hostels in marginal wards and placed in the Hermes and Chantry Point tower blocks in the safe Labour ward of Harrow Road. These blocks were "riddled" with asbestos, and should have either been cleaned up or demolished a decade before, but had somehow remained in place due to funding disputes between Westminster City Council and the former Greater London Council
Greater London Council
The Greater London Council was the top-tier local government administrative body for Greater London from 1965 to 1986. It replaced the earlier London County Council which had covered a much smaller area...
. Many of the flats had had their heating and sanitation systems destroyed by the council to prevent their use as drug dens, others had indeed been taken over by heroin users and still others had pigeons making nests out of asbestos.
Investigation
LabourLabour Party (UK)
The Labour Party is a centre-left democratic socialist party in the United Kingdom. It surpassed the Liberal Party in general elections during the early 1920s, forming minority governments under Ramsay MacDonald in 1924 and 1929-1931. The party was in a wartime coalition from 1940 to 1945, after...
councillors and members of the public referred this policy to John Magill (the Audit Commission's
Audit Commission
The Audit Commission is a public corporation in the United Kingdom.The Commission’s primary objective is to improve economy, efficiency and effectiveness in local government, housing and the health service, directly through the audit and inspection process and also through value for money...
District Auditor) to check on its legality, and as a result it was ordered to be halted in 1989 whilst investigations continued.
In 1990, the Conservatives
Conservative Party (UK)
The Conservative Party, formally the Conservative and Unionist Party, is a centre-right political party in the United Kingdom that adheres to the philosophies of conservatism and British unionism. It is the largest political party in the UK, and is currently the largest single party in the House...
were re-elected in Westminster, when they won all but one of the wards targeted by Building Stable Communities policy. Porter stood down as Leader of the Council in 1991, and served as Lord Mayor of Westminster in 1991-2. She resigned from the council in 1993, and retired to live in Israel
Israel
The State of Israel is a parliamentary republic located in the Middle East, along the eastern shore of the Mediterranean Sea...
with her husband.
On 26 January 1994 Dr. Michael Dutt, joint chairman of Westminster's housing committee between 1988-1990 and one of ten councillors facing the surcharge, was found dead from a self-inflicted gunshot wound in his St Albans home, with papers from the investigation by his side.
Legal action
In May 1996, after much complicated legal investigation work, the District Auditor finally concluded that the 'Building Stable Communities' policy had been illegal, finding Council leader Dame Shirley Porter guilty of "wilful misconduct" and "disgraceful and improper gerrymandering", He ordered Porter, her deputy David Weeks, one other councillor and three council officials "jointly and severallyJoint and several liability
Where two or more persons are liable in respect of the same liability, in most common law legal systems they may either be:* jointly liable, or* severally liable, or* jointly and severally liable.-Joint liability:...
" liable for repaying £36.1m, lost in the attempts to fix the election.
The District Auditor's judgement was upheld by the High Court in 1997 with liability reduced solely to Porter and Weeks. The Court of Appeal
Court of Appeal of England and Wales
The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it...
overturned the judgement in 1999, but the House of Lords
Judicial functions of the House of Lords
The House of Lords, in addition to having a legislative function, historically also had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachment cases, and as a court of last resort within the United Kingdom. In the latter case the House's...
reinstated it in 2001 (see Porter v Magill
Porter v Magill
Porter v Magill [2002] 2 AC 357 was a House of Lords case which arose out of the Homes for votes scandal involving Dame Shirley Porter.-Background:...
[2001] UKHL 67, [2002] 2 AC 357). In Israel, Porter transferred substantial parts of her great wealth to other members of her family and into secret trusts in an effort to avoid the charge, and subsequently claimed e to have only £300,000 of assets.
On 24 April 2004, the (still Conservative controlled) Westminster City Council and the Audit Commission
Audit Commission
The Audit Commission is a public corporation in the United Kingdom.The Commission’s primary objective is to improve economy, efficiency and effectiveness in local government, housing and the health service, directly through the audit and inspection process and also through value for money...
announced that an agreement had been reached for a payment of £12.3 million in settlement of the debt. The council declared that the cost of legal action would be far greater than the amount to be recovered, while Porter still maintained her innocence. The decision was appealed by Labour members on the Council and the District Auditor began another investigation. The ensuing report, issued on 15 March 2007, accepted the position of the council that further action would not be cost effective. The Auditor further stated that Westminster had recovered substantially all of Dame Shirley's personal wealth and had acted at all times in the best interests of the taxpayers of the City.
The Labour Party in London continued its pursuit of Porter and following the settlement, Porter returned to Westminster to live, buying a £1.5m flat with family money (her husband and son are independently wealthy). The former Mayor of London
Mayor of London
The Mayor of London is an elected politician who, along with the London Assembly of 25 members, is accountable for the strategic government of Greater London. Conservative Boris Johnson has held the position since 4 May 2008...
, Ken Livingstone
Ken Livingstone
Kenneth Robert "Ken" Livingstone is an English politician who is currently a member of the centrist to centre-left Labour Party...
, subsequently requested that Lord Goldsmith, the Attorney General
Attorney General
In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...
, commence an investigation as to whether or not Porter committed perjury or other offences, during the conduct of the 'homes for votes' case.
Reaction from Westminster City Council
After publication of the District Auditor's final report in 2004, the then leader of Westminster City Council, Simon Milton, apologised for the council's past mistakes. Whilst council chief executive Peter Rogers said it "draws a line under the past".In 2009, then council leader Colin Barrow apologised unreservedly to all those affected by the gerrymandering
Gerrymandering
In the process of setting electoral districts, gerrymandering is a practice that attempts to establish a political advantage for a particular party or group by manipulating geographic boundaries to create partisan, incumbent-protected districts...
policy. He criticised Shirley Porter by name for the first time and added that her actions were "the opposite of the council's policies today".
Cultural references
In Nov 2009, repeated in Oct 2011, BBC Radio 4BBC Radio 4
BBC Radio 4 is a British domestic radio station, operated and owned by the BBC, that broadcasts a wide variety of spoken-word programmes, including news, drama, comedy, science and history. It replaced the BBC Home Service in 1967. The station controller is currently Gwyneth Williams, and the...
broadcast a radio play—Shirleymander—depicting the principal events of Shirley Porter's time as leader of Westminster City Council in the 1980s.