What Does the Grenfell Tragedy Tell Us About the Health of Representative Democracy?

SParticipatory DemocracyThat the Grenfell Tower disaster was a profound human tragedy is beyond dispute. Likewise, by general consent, the response of the non-emergency authorities was far from acceptable.  A remote and out-of-touch local council which suppressed opposition by disregarding it or actively mocking the attempt of representatives to challenge decisions. An inability to fully grasp the enormity of the problem and slapping away offers of help was mirrored by a central Government slow to react and seemingly incapable of displaying any understanding for the plight of homeless and bereaved citizens.

Now that a period of reflection is setting in, many officials are still in denial, repeating the mantra that we need to wait for a full inquiry before we know the cause of the blaze.  Within a narrow remit of the local conditions in Kensington and wider building regulations there is some sense in this, but you cannot escape the feeling that the aim is to delay and hope that by the time an inquiry reports back someone else will be in charge.

Representative democracy alone is failing us.

In an earlier post I pointed out that we need a complete rethink of rights and resources which can be wielded by citizens and civil organisations. But the possibility of such a review was immediately cast into doubt by the actions of Theresa May.  A few days after the disaster and clearly feeling the weight of public anger and resentment she agreed to meet with representatives of the victims. But where was the meeting held? In the privacy of Downing Street, which presumably left May in her comfort zone but must have been at least a little daunting to the representatives.  So why not at a neutral venue? There is no doubt that neighbouring local authorities would have been willing to have hosted such a meeting at short notice given the enormity of the disaster. But I think there is something deeper at work here than just another example of the lack of insensitivity to citizens by the Prime Minister.  It displays a fundamental fear by politicians of losing power or control; an inability to share authority where it really matters most.

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After Grenfell We Need A Complete Rethink of Rights and Resources – Not a Government Whitewash

The attacks in Manchester and Borough Market, the Grenfell Tower Fire. Confidence in Theresa May is now plummeting faster than the Pound after the Brexit vote. But Theresa May is not solely to blame.  Remember that the Conservative Party made her leader with no contest and Conservative MPs voted for a Government destabilising election on the eve of Brexit talks.  But beyond that there are issues of rights and resources in society which we must all confront.

The events of the past few weeks illustrate some vital points about the rights and resources wielded by different groups in this country.  During the election the Government, of course, tried to pretend that it was planning a great extension of rights while in reality presiding over a de facto trashing of them.

Firstly the terrorist attacks.  As usual following a terrorist attack various Ministers appeared in front of the cameras and pretended to talk tough.  Once again the spectre of the repeal of the Human Rights Act was mooted along with withdrawal from the European Convention on Human Rights.  Dark threats of yet more snooping powers were mooted. Yet, it emerged that the terrorists were already known as a danger by the authorities.  The problem was much less to do with lack of information and much more a problem of lack of resources and, crucially, the reduction of 20,000 police officers which has hit local community policing hard. Despite what Theresa May and Amber Rudd say, the authorities are calling for more resources not more powers.  Judging by the election result it seems that people are getting this message.

Now look at the issue of the Grenfell Tower fire. Again, it was not a problem of lack of information, the residents were well aware of the dangers and local representatives tried to raise the issue of fire safety on numerous occasions.   Although far too early to tell there is every likelihood of criminal prosecutions being brought when the facts are assessed.  But while the idea of ‘Corporate Manslaughter’ is an attractive one it will almost certainly mean a fine and nothing will really change.  What is needed is a nationwide culture shift

So again, it is an issue of resources.  The wealthy, including those of Kensington and Chelsea can afford to buy the resources they require including legal assistance to get things done. The less well-off cannot. We can do some things immediately. These include recourse to systems of contestability we have lost.  Access to Industrial Tribunals (removal of punitive fees) and restoration of widespread Legal Aid is imperative, especially after Grenfell.  Far beyond that there must be systems which allow for the support of groups and resources to take concerns to the highest level and get action.

The methods of putting such systems of support for local groups and enabling them to have proper and meaningful representation in the corridors of power are not unknown and cities around the world have been developing techniques such as citizens panels, peoples tribunals and active participation for years (although far from perfect, in the UK  the Peabody Trust points to a possible route forward as I suggest in this post).

Enough of the meaningless platitudes of an authoritarian Government and their ripoff landlord allies.  Time for true methods of contestability in this country.

Theresa May, Democracy and ‘unBritish Activities’

Over the past few months we have become accustomed to Donald Trump using the tactic of making wild, often unsubstantiated accusations about his political opponents, the judiciary and the media.  Such tactics are also familiar to us in the UK by the actions of a virulent corporate owned media.

Without doubt there have been times in the past when the Prime Minister of the day has joined in such activity, but political expediency, advisors or civil servants have eventually stepped in to provide wiser council.  Now, however, it appears that Theresa May has decided (assuming it is a conscious activity) that this behaviour is the new norm, implying that everyone from the European Union to Parliamentarians to the Trade Unions and beyond are conspiring to undermine her and thereby subvert the nation.

Along with the accusations come demagogic attacks on her opponents, attempting to stain their character as a dangerous saboteur or unpatriotic.  So what are the outcomes of such an approach?  Importantly, in keeping with the neo-Conservative mantra of a strong (and stable!!) leader driving through dramatic, damaging and possibly irreversible change to the fabric of society she can present herself as some sort of modern day Boudicca figure, holding back the hoards of hostile forces.

Whether by design or an unconscious feeling of powerlessness in the face of an unimaginably complex Brexit strategy, May is recasting disagreement as deviance, opposition as disruption, debate as subversion. Although more complex in its manifestation (at least until now) the phenomenon of McCarthyism in 1950s America shares many of these characteristics, with the original UnAmerican Activiities becoming UnBritish Activities; likewise, Senator McCarthy’s Soviet Bloc is replaced in May’s world by the  European Union. During the ’50s the main effect was to close down debate and usher in a climate of fear and suspicion of your neighbour.  The effects were felt way beyond politics in art, science and culture.

The rules of a democratic open society is disagreement in a dialogic manner.  May is trying to substitute new rules of Government by fiat and authoritarianism. The consequences are unpredictable, terrifying and the likely loss of treasured liberties

Categorising the UK as a ‘Full Democracy’? Maybe the Expert-Bashers Were Correct After All!

Passing_of_the_Parliament_Bill,_1911_-_Project_Gutenberg_eText_19609Occasionally a statement is made which is so far removed from reality it is rendered  meaningless. Such a moment occurred last week when The Economist Intelligence Unit (EIU) in its Democracy Index 2016 once again categorised the UK as a ‘Full Democracy’. In fact they regarded it as more of a democracy in 2016, rating it 8.36/10 than in 2015, when it scored 8.31/10, largely as a result of the EU referendum. This is enough to rate the UK at number 16 out of more than 160 countries examined and the anomaly is of such glaring proportions that it lends credence to the campaign tactics of populist movements around the world (most notably during the 2016 UK EU Referendum campaign by Michael Gove and Boris Johnson) of discrediting experts.

The full report can be accessed from The Economist website, but you have to sign your life away to get to it (they want to grab the details of as many professionals as they can, hence a telephone number etc). Alternatively, you can read a summary of the report on the World Economic Forum site.  Although the overall results are clear it is worth digging in a little to examine just how they came to this seemingly bizarre conclusion.  It is not necessary to sign up with the devil to do this as last year’s report for 2015 is freely available.

Stretching the definition of ‘Full Democracy’ beyond reasonable bounds!

For a start I am not sure what is meant by a ‘full democracy’ in the first place So here is the EIU definition:

Countries in which not only basic political freedoms and civil liberties are respected, but also tend to be underpinned by a political culture conducive to the  nourishing of democracy. The functioning of government is satisfactory. Media are independent and diverse. There is an effective system of checks and balances. The judiciary is independent and judicial decisions are enforced. There are only limited problems in the functioning of democracies.

Part of this definition applies (e.g. an independent judiciary) but lets compare it with the obvious basic anti-democratic features of the UK.  Our constitution (unwritten) allows for an uncontestable Monarchy, a House of Lords (including 92 hereditary peers and 26 Church of England Bishops), an autocratic Privy Council and a Royal Prerogative through which the government can bypass Parliament and judiciary.  On top of this there is a first past the post electoral system which has handed power to representatives elected by only 37% of people who voted, a hugely biassed press and a sophisticated corporate lobbying industry.  Bearing in mind this list could have been many times longer and a democracy score of 83.1% is already absurd.

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It Is Almost 50 Years Since Jack Ashley Became the World’s Only Totally Deaf Lawmaker – But What Has Changed?

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Last month (March 2017) Dawn Butler made history by becoming the first MP to use British Sign Language (BSL) to pose a question in the House of Commons. She asked whether the Government would give BSL a legal status alongside other recognised languages.  As Ms Butler said in a subsequent article :

We need to make parliament representative of wider society. One important part of this is to make parliament as open and accessible as possible.

Representation Means More Than Voting and Consultation

This is a crucial point. Vital in any inclusive political system is the ability for all groups in society to be represented and influence every aspect of Government policy, not just be called into committees when the members feel like it! Inclusion means having an input in the formulation of policy in the first place rather than being limited to commenting and voting on the agendas of others. In a review of political representation of women and BME communities Karen Bird quoted researcher Melissa Williams:

“…the only hope that marginalised group presence will have a lasting effect on policy outcomes is that decisions are based not only on the counting of votes but also on the sharing of reasons.”

The same argument, of course, applies to any other community group. But consider the figures. In the current House of Commons (April 2017) between 2 and 5 MPs are considered physically disabled, depending on the criteria applied.  Yet to be representative, on even the more narrow of definitions of diability, there would need to be 65 MPs.

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Republicanism and Democracy; Two Ideas Not To Be Confused

Politicians are fond of throwing aeound the word ‘democracy’ as though it is a talisman, warding off tyranny in the same way as a clove of garlic drives back Count Dracula.  But it is in fact a tricky and complex concept, as spectacularly demonstrated by the fallout from the Brexit vote. So lets clear up some confusions.

As a republican (in the European sense for any US followers so I’m not thinking of the GOP here) it is important for me to understand the part played by democracy.  There are some people who simply equate republicanism with democracy as though they were the same thing, but the situation needs clarification. Lets dispense with the more obvious differences. For example, North Korea styles itself the Democratic People’s Republic of Korea. Although nominally a republic (just), it is far from democratic and proof that you can call yourself what you like, it is the Constitution which counts! In this case North Korea is an Autocratic Republic  Also consider Iran, or the Islamic Republic of Iran, in this case  it is a Theocratic Republic. So strictly speaking all Republicans I know are Democratic Republicans. So far, so good.

Now, leaving aside the convoluted and discarded historical theories in which monarchs can actually be part of a republic (such as Rousseau’s idea) we can ask what is the status of democracy in a republic. In fact the Brexit vote illustrates the issues quite well. Consider that the vote told the Government what to do (withdraw from the EU), but did not tell the Government how to do it (how much sovereignty, if any, must we share in any trade deal)! So the role of democracy is as a means of controlling and holding the Republic to account by the people, but it is actually quite poor at what is known as ‘deliberative’ decision making. Furthermore, the idea that democracy enables everyone to have a say in Government is far from clear, as the 48% who voted Remain may possibly have no say at all in the final settlement.  By the way, this would also have been true if the 48% had been on the Leave side. This also raises the question of just who participates in the formation of policy in the first place, a point I considered in a post on radical Thomas Rainborough.

This means that a Republic must have some non-democratic elements to rein back a Government pursuing aims for which it actually has no mandate, no matter what it tries to claim. So, for example, we do not know how many UK citizens would be happy to remain inside the Single Market. Assuming all 48% Remainers, we cannot know precisely how many Leavers would be happy to do so, if it retained jobs and educational opportunities.  In the UK the justice system can be regarded as part of this non-democratic brake, although it is an imperfect piece of machinery being dependent upon citizens having the resources or sponsorship to bring a case. Also in this category is the totally unsatisfactory House of Lords as I blogged about here.

So we must be careful when using words such as republic and democracy as they are very different concepts and a well regulated Republic will ensure steps are taken to ensure democratic processes do not actually become a tool of oppression. Likewise we must be aware of the unthinking correlation of democracy and direct elections and appreciate the positive role which non-elective means of democracy can play in our brave modern Republic.  But I’ll leave that for a future post.

When Replacing the House of Lords we Must Balance Democracy with Inclusive Representation

Thanks to a constitution where elections prevail throughout the system the United States now faces one of the most hazardous moments for individual liberty in its history.  It provides a warning about the dangers of a fully elected second chamber which is often suggested for the UK.

Currently in the US one party holds the Presidency and a workable majority in both houses of Congress. Moreover this is a party being dragged away from consensus politics by a charismatic leader intent on enacting policies which present a threat to the constitution itself. The situation is made worse by a willingness to appoint members to the US Supreme Court on a partisan basis which shows signs of destroying the balance of opinion for years or possibly decades.

There is now a real danger of what Alexis de Tocqueville in the nineteenth century called the ‘tyranny of the majority’, a situation where the Government takes action supported by the majority of voters which significantly harms the rights of minorities. To be strictly accurate, through a quirk in the Electoral College system the United States is in danger of falling into a tyranny of the minority! All this means that significant autocratic power (through Executive Orders and sackings of Government Officials) is being wielded by a President intent on pursuing an oppressive agenda.

It is for these reasons that while replacing the House of Lords is an urgent task, to make it a fully elected Chamber would be a mistake.  Instead a new upper-house Senate should be only part elected with the majority of Senators appointed – but by a system vastly different from the present one. This would enable us to give legislative responsibility to groups which at the present time are grossly underrepresented in Parliament.  Underrepresentation may occur for any number of reasons, for example, disability or prejudice against being selected by major political parties as candidates.

Appointed Senators will allow us to balance experiential gaps in the lower chamber. At present such groups are only consulted on specific pieces of legislation as expert witnesses.  But it would be far more effective to have the possibility of every piece of legislation reviewed by, say, a  group of blind or wheelchair-bound Senators.

Clearly the size of the new Senate must be greatly reduced from its current bloated size stuffed as it is full of toadies, oligarchs and the left-overs of an autocratic past.  For this reason the second Chamber would have specific responsibility for liaising with special interest and civil society groups outside Parliament. Finally the appointment of Senators must be taken out of the partisan political domain with citizen nominations to the Senate overseen by an appointments commission. Such a commission would have a specific remit, for example, to check that nominees are resident in the UK for tax purposes. Nominees who do not meet these criteria will not be considered further.

Final selection would be undertaken by a citizen panel which would be drawn in a similar way as a jury but on a national basis.  Appointments would be made for a fixed period, for example 8 years, which could be renewed once by agreement of the citizens panel.

The existence of such a Senate would mean the Government working much harder to ensure legislation is fair to all sections of the community. While certainly not ruling out wealthy Senators, the possibility of decisions hinging on people such as Andrew Lloyd Webber flying in for the express purpose of passing oppressive acts (such as the Tax Credit Cuts) would be eliminated. Likewise the increase in Senators committed to doing a competent job will mean the body is fully able to examine evidence on the effectiveness of enacted legislation and hold the Government properly to account. This is currently a woeful inadequacy of our system

It would also mean the feared suppression of rights which may occur in the United States over the next four years would be minimized!

In a World of Peer-to-Peer Collaboration the End of Monarchy is Inevitable

Digital communications has changed the world profoundly and will continue to do so in the future.  An unconscious recognition of this fact lies partly behind the triumph of Donald Trump in the Presidential election and as I pointed out in an earlier blog, could spell long term disaster for many in the United States. The fear and rejection of a fundamentally changing economic landscape can be laid partly at the door of politicians who either do not understand the problems themselves or choose to ignore the issues.

Increasingly, authors (such as Vasilis Kostakis and Michel Bauwens in their book Network Society and Future Scenarios for a Collaborative Economy) are pointing to the urgent choices we face in how we view intellectual property on the internet.  Many problems of a deeply complex nature such as climate change may only be amenable to solution by collaborative effort involving freely available information.  Essentially we can either let large corporations dominate with their highly protective store of information about almost every aspect of our lives or we can start to move towards a collective approach to the ownership of  knowledge.  This peer-to-peer interaction  with established relationships  (Commons) allows for free interaction between every member of society who wishes to participate. Understandably most of the emphasis is on the economic system and whether capitalism can be tamed to live with the new reality, or, conversely, whether it will be destroyed by it.

But in the UK we have our own anachronistic and regressive arm of Government.  The Royal Family have absolutely no interest in engaging in such a collaborative future. The interaction is all one way and instinctively secretive. Whether it is tightly controlled media interviews with no independent editorial control or confidential ‘black spider’ memos from Charles to Government Ministers. the Windsors are clearly not interested in collaboration, only lecturing us.  They speak but do not listen and as a consequence peer-to-peer interaction which relies on a flexible attitude of equal privilege cannot take place. At the beginning of the 20th Century the Russian Romanov’s found that being perceived as remote from their people was, surprisingly, more deadly to their future prospects than vast wealth inequality. The rapid technological; advances of the 21st Century are inevitably doing the same for their Windsor cousins. Considering the nature of the monarchy precludes such interaction it would be easier if we accept the inevitable and start the transition now to a modern and accountable Head of State.