Parliament and the People

The Reality and the Public Perception

Philip Laundy

• Publisher: Taylor & Francis
• Year: 2018
• Print ISBN: 9781138327917
• eBook ISBN: 9780429829390
• Edition: 1
• Topic: Politics & International Relations
• Subtopic: Politics
• Index: Politics & International Relations

First published in 1997, this book provides an assessment of the main issues and deliberations of the Wilton Park Conference, based largely on the theme of standards in public life and consideration of measures which may be taken to allay public concern of their erosion. The book is a paraphrased report of the deliberations, together with evaluation and commentary. The conference attended by parliamentarians (including presiding officers in ministerial positions), senior civil servants, parliamentary staff, journalists and others from a wide range of countries, most but not all being Commonwealth members.

1 Setting the Scene

The introductory presentation was made by Mr Colin Shepherd, MP, Chairman of the Executive Committee of the Commonwealth Parliamentary Association (CPA). He stated that there were 184 countries in the world today (another delegate subsequently claimed that there were 190), of which 51 were members of the Commonwealth. At the time of writing, 48 of these countries have elected representative institutions, parliamentary government being currently suspended in The Gambia, Nigeria and Uganda, and recently restored in Sierra Leone. The CPA alone has a membership of some 11 000 elected parliamentarians and, when one considers the number of representative institutions throughout the world at the national, federal, state, provincial, regional, municipal and local levels, it is clear that countless thousands, or more probably millions, of elected people are entrusted with the governance, interests and welfare of the populations they represent.

While most, if not all, pay lip service to the principles of democracy, many fall short of the ideals to which they claim to be committed. Not only are they regarded with cynicism and distrust by those they represent, but there is frequently a lack of understanding on the part of the people as to the true role of their political institutions, the way they operate, the duties of elected representatives and of what they do, as well as what they are supposed to do.

A starting point in evaluating what is required if the political process is to be improved is perhaps the identification of the criteria necessary for a model democracy. Even this is not as straightforward as it may sound, given the widespread variations among systems of government, national traditions and culture, and other differences which render each country unique. The fundamental raison d'être of any elected assembly is, of course, that it be representative. But representation must be a reality and not simply a concept. Those affected by the policies and decisions of government must have an input into the process. They must understand how it works, and be aware of the avenues open to them for direct participation. The right to vote is at the root of the representative system, but a democracy must take account of the fact that the views held by people are many and varied, that their interests do not necessarily coincide, and that not everyone is going to be happy with an election result. Minorities fear that they may be subject to the so-called 'tyranny of the majority', which commands the voting strength. Yet there can be situations where the tyranny of the minority holds sway, as was the case in South Africa during the long years of the apartheid regime. No voting system, by itself, can take account of all these problems, but at the very least it must be fair, it must be seen to be fair, and elections must take place at regular intervals.

Among the most important of modern political institutions are political parties, and they are a fundamental element in the system of representation. Some political parties have a long historic tradition behind them, some derive from ideologies, and some were formed in response to social and economic pressures. Some parties are broadly-based and designed to attract a wide spectrum of opinion; others are more narrowly-based, including the so-called 'single-issue' parties. In some countries, tribal or community loyalties are an important factor in determining the support enjoyed by a particular party.

The voting system has also been a crucial influence in the formation and development of political parties. There are many different voting systems, the most simple being the plurality or 'first-past-the-post' system, whereby the candidate receiving more votes than his nearest rival wins the seat, even though his share of the popular vote may be well below 50 per cent. This system is used for congressional elections in the USA and for parliamentary elections in both the UK and many Commonwealth countries. A variation of this system is the preferential vote, as used for elections to the Australian House of Representatives, whereby the voter ranks the candidates in order of preference. If the top candidate fails to obtain an overall majority, the bottom candidate is eliminated and his or her votes are distributed according to the preferences indicated, the process continuing until one candidate emerges with an overall majority. A further variation is the two-ballot system, as used in France, under which a second ballot is held in any constituency in which the leading candidate has failed to obtain an absolute majority, the second ballot being decisive regardless of the size of the majority.

Most other systems are based on proportional representation, of which there are various forms. Some countries, including Germany, use a mixed system, the elector having two votes: one being cast for an individual candidate under the 'first-past-the-post' system, the other being for a party list, the list seats being allocated to the parties by a proportional system.

The 'first-past-the-post' system is the least likely to produce a representative result, since a winning party can, and frequently does, win a substantial majority of parliamentary seats with considerably less than 50 per cent of the popular vote. There are even occasions when the winning party's share of the popular vote is less than that of its nearest rival. Under this system smaller parties are unlikely to win many seats unless their votes are concentrated in certain regions. The argument in favour of the system is that it is simple to operate and that it makes for stable government. It also encourages the formation of broadly-based parties which are themselves coalitions of opinion, rather than parties seeking a separate identity in order to underline adherence to a narrower political platform.

Many countries of the world employ a system of proportional representation, one of the newest converts being New Zealand which recently adopted a system based on the German model. Most of the countries with a proportional representation system have a tradition of coalition government, since it is virtually impossible for one party to win an outright majority at an election. With such a system the party strengths reflect the party preferences of the people more accurately, and the spoils of office are not monopolized by a single party.

It is not proposed to consider in detail the various systems of proportional representation which operate throughout the world. Suffice it to say that the experiences of those countries having a proportional electoral system have varied considerably. It seems to have worked well in Switzerland where power-sharing is rooted in the political system. It has not led to instability in the Scandinavian countries, whose systems are designed to reflect voter opinion with a fine degree of accuracy. By contrast, Italy, where the electoral system was recently changed, has experienced great difficulty in maintaining the stability of its system of government since the Second World War. In Israel, where electors vote not for individual candidates but for a party list, the small religious parties exercise an influence out of all proportion to their popular support. Malta, where boundary manipulation once had the effect of distorting an election result, amended its electoral law in 1986 to provide that if a party won 50 per cent or more of the popular vote but not a majority of the seats, it was entitled to an increase in the number of its members in order to provide it with a majority.

There is clearly no ideal electoral system, but if proportional representation is preferred it should be designed to produce a genuinely representative result. If a simpler system is favoured, it is less likely to reflect voter opinion accurately but should at the very least, be consistent with democratic principles. Perhaps precautions should be built into the system to avoid the kind of result which occurred in the Canadian province of New Brunswick in 1987, when the winning party won all the seats in the legislature with 60 per cent of the popular vote, while the opposition, having polled 40 per cent, won no seats at all.

In his presentation Mr Colin Shepherd suggested a number of questions which needed to be addressed in relation to the electoral process. Should the elector be voting for an individual candidate, an individual as the representative of a party, or simply a party? Should it be apparent to the elector just what or who he is voting for? If the voter votes only for a party, is there not a tendency for the representative to respond to party pressure rather than the wider interests of the electorate? How should the balance of power lie between the elected member, the party and the electorate at large?

One of the disadvantages of proportional representation is that it depends on multi-member constituencies, which reduces the personal contact between the member and his or her electorate. In Israel the entire country is a single constituency for electoral purposes and, since electors vote only for a party list, the representative nature of the system is bound to be less personal. In countries with a 'first-past-the-post' electoral system, members usually represent a single constituency, which makes it easier for them to look after constituency interests and assist individual electors with their problems. With this system there is a direct relationship between the member and those he or she represents, and the electors themselves know whom to approach when in need of help or advice. This aspect of a member's duties is quite distinct from his or her duties as a legislator and party member, and has given rise to the term 'a good constituency member' when describing a politician who devotes more time to looking after the community than to participating in parliamentary debates. Party is a strong influence in the political system, and the member who stands firmly behind the party's policies and gives the whips no trouble has greater flexibility for constituency activities.

In countries operating the British parliamentary system, party discipline is strong and can even be rigid. MPs have only limited scope for independent action if they wish to retain the favour of their parties. The party system has become inseparable from modern government, to the extent that, provided the government has a majority, the powers of parliament have in effect become the powers of government. Not surprisingly, MPs have come to be regarded as 'lobby fodder', often hardly knowing what they are voting for and circumscribed in the exercise of any initiative. In some countries 'crossing the floor', or even failing to vote as instructed by the party whip, can result in expulsion from parliament – hence the frequently heard call for more independence for backbenchers and more free votes as a means of improving the system and making members more individually responsible. The truth is that MPs, in countries where they face no legal sanctions, are already free to assert themselves in this way if they are prepared to take the political risks involved. But it is too much to ask for a guarantee that there would be no penalty to pay.

If our political institutions are not truly representative of, and responsible to, those who elect them, then clearly they are failing us. However, some of the issues involved are far from clear-cut, and this complicates the matter of defining in precise and unqualified terms the criteria required for a model democracy. Edmund Burke, to whom more than one reference was made in the course of the conference, held that an elected member was not a delegate but a representative, and that he owed his electors his judgement and not his blind obedience. By this criterion an MP is no less a genuine representative when acting contrary to the wishes of his or her constituents. This is a logical view since no single representative can respond to the widely varying opinions of all his or her constituents and act in such a way as to please all of them. There are issues on which a member and the majority of his or her constituents may be at variance; in which case what should the member do? Vote according to the wishes of the majority or according to the member's own conscience? Cynics might say that the dictates of party override both when important policy issues are at stake. Of course, political conditions have changed radically since Burke's day and the party factor cannot be ignored. Nevertheless, members certainly owe their constituents their integrity, their accountability and, as stated by Burke, their honest judgement.

Most governments are elected on party platforms – policies and general principles to which their supporters adhere. Once elected, they are responsible for delivering the goods but there are usually limits to what they can deliver, and promises frequently have to be broken in the light of changing economic conditions. Whatever the system in place, responsible government is usually held to be accountable government; it is accountable to the people through an elected assembly, with effective checks and balances to ensure the fair and open operation of the system as a whole and regular elections which give the people the opportunity to pass judgement. How well do our governmental institutions measure up to the requirement of responsibility in terms of informing the people, explaining and justifying government action, providing honest and open government, and respecting these and other criteria which may be said to meet the requirements of a model democracy?

So far, we have set out certain considerations concerning representativeness and responsibility. There still remains, however, the question of relevance which, as indicated earlier, needs to be considered in the context of a specific relationship. Mr Shepherd proposed to tackle the question from two standpoints: the relevance of political institutions to those elected to them and to those affected by them. Do all citizens have a full opportunity to participate in the process, and to seek to be elected should they so wish? Do all those who are elected have access to the necessary facilities to enable them to perform their functions effectively? He suggested that the two questions were not unrelated.

Referring to the concepts of 'affirmative action' and 'positive discrimination', Mr Shepherd questioned whether these initiatives should, or should not, be invoked in order to ensure the fair representation of women and ethnic and religious minorities. There are very few, if any, parliaments in which women are represented in proportion to their numbers, and the fair representation of ethnic and religious minorities is also a vexing question. The action required to correct these undoubted shortcomings is not easy to determine: It is easier to tackle some of the fundamental principles which have to be guaranteed if representative institutions are to be relevant to the needs of those they serve and the requirements of a modern society.

First and foremost there must be full opportunity for all qualified people to vote, free from obstruction or intimidation. Effective safeguards are required to prevent multiple voting, impersonation, the stuffing of ballot boxes, and any other method of falsifying election results. There should be an equitable division of electoral districts or constituencies, allocating as far as possible an equal number of electors to each, while taking account of community of interest and the special circumstances which need to be addressed in sparsely populated regions. Constituency boundaries should be regularly reviewed and redistributed as necessary by an independent body free of political influence. The officials conducting an election must be independent and unbiased, and every reasonable facility provided for scrutiny of the count by candidates and their agents. All parties and candidates should have equal access to the media during an election campaign and those restrictions which might pertain (for example, the right to a certain number of unpaid broadcasts) should be applied in a fair and justifiable manner. There should be a limit to electoral expenses – a condition not imposed in all countries – and a full disclosure of their sources. If the people are to believe in the system, the honest operation of these principles must be transparent.

Equally transparent must be the fairness of the operation of the institution itself. It has often been stated that the majority must have its way but the minority must have its say, and the rules and procedures of the institution must guarantee freedom of debate and safeguard the rights of all members. The presiding officer plays a crucial role in this area, as it is he or she who ensures fair play, interprets the rules and procedures and has a traditional responsibility for the protection of minorities. Not all presiding officers detach themselves from their political parties – in fact, in most countries they do not – but members must have confidence in their impartiality while in the chair if the institution is to function effectively. Also essential is a continuous review of the rules and procedures to make sure that they are adapted to changing circumstances: an effective parliament is not a static institution, and rules can become archaic if they are not regularly reviewed. The institution must be accessible to the public and the media and its debates and proceedings published and made readily available. Nowadays, many parliaments broadcast their proceedings by radio and television, which has greatly extended the public's opportunities to follow the debates. In addition, all the proceedings of parliament and its committees should take place in public unless there are strong and valid reasons for meeting in camera.

Representative institutions must also be relevant to the needs of the representatives themselves. They require the tools they need to do their job – tools which Mr Colin Shepherd defined as information, communication and finance. Information services, principal among which is the parliamentary library which should have a comprehensive range of research and reference facilities, are indispensable to modern parliamentarians. There was a time when the responsibilities of government were largely limited to the conduct of foreign affairs, the promotion of trade, the defence of the realm and the administration of justice. Over the years, these responsibilities have increased with the result that our legislative institutions have become involved in virtually every area of public activity, including health, education, agriculture, transport, industrial relations, social welfare, environment, energy, and a wide range of other issues relating to the economy, the arts and the sciences. Without access to information, members cannot expect to be properly informed on all the matters which come to their attention. Furthermore, unprocessed information is often more calculated to confuse rather than to enlighten. Anyone familiar with a government's estimates of expenditure will know how easy it is to present a multitude of facts without conveying a great deal of information. The facilities provided should therefore include research assistance provided by officers qualified in various disciplines, who can prepare the required information in concise and comprehensible form consistent with the member's needs. While these services are available in the parliaments of developed countries, often in very sophisticated form, they are grievously lacking in the parliaments of most Third World countries, and this can severely restrict the effectiveness of the elected representatives.

Another of a parliamentarian's basic needs is the necessary means of communication with individual constituents, with the electorate collectively, with government ministers and with the bureaucracy. Postal and telephone communication should be unlimited and therefore assisted by franking privileges and a free telephone service. Reasonable transport allowances should be provided to enable members to travel between the seat of parliament and their constituencies. Ideally, members should be provided with the necessary office accommodation, equipment and staff – including a constituency office – to meet their communication needs. Contacts with ministers and government departments should be made easy, unhindered by any obstacle which would make it difficult for a member to seek legitimate information from government sources.

There was a time when membership of parliament was an unpaid occupation. This would be untenable today, particularly as membership of parliament is a full-time occupation in many countries. No doubt some elected representatives are independently wealthy, but it would be unacceptable in a modern democracy to exclude those without independent resources from seeking election. The right to do so must be open to all. Therefore salaries and allowances must be paid and they must be adequate. Remuneration of MPs is a sensitive area. To quote one comment made during the conference, 'by accepting remuneration for our efforts we sup with the devil'. The public perception seems to be that politicians are only in the business for what they can get out of it. This ignores the fact that most people need to earn a living and that, in politics, not only is there no security of tenure but re-entry into a profession or previous vocation, following a defeat, is not always easy. Nevertheless, a fine line needs to be drawn to ensure that remuneration is sufficient but not excessive. Everything concerning MPs' remuneration and benefits must be in the public domain, nor should MPs be entrusted with the voting of their own salaries, which should be determined and periodically reviewed by an independent review board. Measures must also be taken to counter the ever-present public suspicion of conflict of interest since no institution can operate effectively without public trust.

Another factor which cannot be overlooked is voter education. If the institution is to be relevant to the needs of the people, they have to understand its functions and what it is supposed to do for them. Education is an ongoing process, but the logical place for it to begin is at school. Our children should grow up to understand the basics of how we are governed and continuing education can fill in the details. Civics – in other words, 'how government works' – should therefore be formally taught at the high school level. This is not political education in the partisan sense, although political parties are an important element of the system and their role cannot be ignored. In this educational process the elected representatives have a crucial role to play in informing their electors. Visits to parliament should be regularly organized both for children and for adults, and material should be made available to schools to instruct not only the children but also the teachers. Each parliament should have an education officer and a public information department to provide the required services, and the institution itself should be readily accessible. Its functioning sho...

Table of contents

• Cover
• Title
• Copyright
• Contents
• Introduction
• 1 Setting the Scene
• 2 The Eroding Sovereignty of Legislators
• 3 Enhancing Professionalism through the Work of Parliamentary Associations
• 4 Changing the Public Perception
• 5 Political Reporting
• 6 Ensuring Ethical Standards in Public Life
• 7 The Role of Political Parties
• 8 The Evolving Civil Service
• 9 Direct Democracy: The Way Forward?
• 10 Who do Politicians Really Represent?
• 11 Conclusion
• Appendices
• Index