DEMOCRACY MAAN INQUIRY INTO THE FUTURE OF SCOTTISH DEMOCRACY
A VISION FOR A GOOD SCOTTISH DEMOCRACY Electoral Reform Society Scotland 12 South Charlotte Street Edinburgh EH2 4AX T: 0131 624 9853 E: [email protected] W: www.electoral-reform.org.uk/scotland
August 2013 POLITICS IS TOO IMPORTANT TO BE LEFT TO POLITICIANS DEMOCRACY MAX A vision for a good Scottish democracy
CONTENTS
FOREWORD BY JAMES ROBERTSON 3 INTRODUCTION 5 ACKNOWLEDGEMENTS 9 DEMOCRACY MAX – A SUMMARY OF THE FINDINGS 11 THE SOVEREIGNTY OF THE PEOPLE 15 PEOPLE’S GATHERING FINDINGS 16 ROUNDTABLE REPORT 22 DEFENDING OUR DEMOCRACY 55 PEOPLE’S GATHERING FINDINGS 56 ROUNDTABLE REPORT 60 HOW DO WE WRITE THE RULES 99 PEOPLE’S GATHERING FINDINGS 100 ROUNDTABLE REPORT 105 NEXT STEPS 131 APPENDIX 132 REFERENCES 135 3
FOREWORD BY JAMES ROBERTSON DEMOCRACY MAX A vision for a good Scottish democracy
he referendum on political parties, which is why I independence in September welcome the Electoral Reform T2014 offers a chance to Society Scotland’s facilitation of the imagine what kind of Scotland we Democracy Max debates. Democracy want to live in. Whatever the Max starts from the premise that outcome of that referendum – sovereignty lies with the people, and whether Scotland continues as a part that key elements of our society, of the United Kingdom or becomes, such as the education, health, social once again, an independent country security and justice systems, should – in many ways the result will not be function in the best interests of the a conclusion, any more than the 1997 people. For that to happen, our referendum vote for devolution was a political system must be both conclusion. It will be an opportunity, efficient and democratic, able to a beginning. deliver results yet open and accountable. This applies at both Arguably, the independence debate local and national levels. isn’t really about independence. It’s about what independence might be The people of Scotland, whether they for. If we take this view, then the vote for independence or to remain same applies to continuing with in the Union, deserve a better existing constitutional arrangements. political system than one in which What are they for? In either post- politicians and civil servants are referendum scenario, further perceived to live in a different world questions arise: how well does our from that inhabited by ordinary political system work, and what can people. The Democracy Max series be done to make it work better? What shows that there are many values do we want to underpin our imaginative ways that a healthier, society, and how can we ensure that more effective and more accountable they are built into political and civic politics can be grown, to enable structures that include, rather than Scotland to become a better country. exclude, the mass of the population? James Robertson This debate is too important to be August 2013 left in the sole possession of the 5
INTRODUCTION DEMOCRACY MAX A vision for a good Scottish democracy
he 2012 Hansard Audit of in a changing world and begin to Political Engagement1 stated: describe what a good Scottish T‘Voters are disgruntled, democracy should look like. disillusioned and disengaged’. After countless scandals, crises and To deepen our understanding inquiries, is it any wonder that and inform our position on the people think politics isn’t working for constitutional debate and what them. At the Electoral Reform concerns people about our Society (ERS) Scotland, we believe political systems, with a view to that the Scottish independence future campaigning. referendum debate is an opportunity to challenge our political system to To help shape the language of change, to confound the low the debate around the expectations voters have of politics, referendum to ensure the idea of and to deliver on the high hopes they what kind of democracy we want still hold for democracy in Scotland. to live in is part and parcel of the debate. Democracy Max is an independent inquiry initiated by ERS Scotland The first conversation: into ‘What makes a good Scottish The People’s Gathering democracy’. In contrast to much of the current debate around To begin the inquiry, ERS Scotland Scotland’s constitutional future organised a deliberative discussion being led by political parties, event which brought together as Democracy Max provided a non- representative a sample as possible partisan space where those with of Scottish people.2 The People’s different views could debate and Gathering saw over 80 delegates discuss ideas and where political come together in Edinburgh to rhetoric could be challenged and engage in radical thinking about unpicked, with the aim of achieving Scotland’s democracy. They were the following objectives: asked to imagine:
To debate, in a non-partisan It's 2030, and Scotland is admired space, the nature of democracy as a shining example of democracy 7
and democratic participation. about how the ideas proposed by the What three aspects of this future People’s Gathering might be society please you most? achieved in a future Scotland, and what that future Scotland might look In the morning they discussed their like. aspirations for Scotland’s democratic future and in the The findings from the People’s afternoon, they thought about how Gathering are organised into three we might achieve those things, or broad themes: what was preventing them from happening. Sovereignty of the People – How do we return more power to The findings from the the people? People’s Gathering Defending our democracy – The ideas that came out of the How do we stop vested interests People's Gathering were published in having too much influence? the first report of the series: ‘Politics is too important to be left to How do we write the rules – politicians’.3 They then formed the How do we get the checks and basis of three phases of roundtable balances our democracy needs? conversations which sought to distil those ideas into a ‘Vision for a Good The Democracy Max Scottish Democracy'. A vision roundtables informed by people not politicians. The roundtable sessions based The process involved difficult around these themes were held discussions about the feasibility of between October 2012 and June the ideas, about why some of the 2013. Academics and experts, ideals shared have not yet been commentators and opinion formers, implemented, and about the forces campaigners and community that prevent change. It also activists, writers and representatives presented a challenge to our of Scottish civic society and other roundtable participants to think citizens (but no politicians), were DEMOCRACY MAX A vision for a good Scottish democracy
invited to contribute their thoughts, publication; a ‘Vision for a Good expertise and opinions. There were Scottish Democracy’. This merges two sessions on each theme, with the interim publications to reflect the participants invited to attend either process of Democracy Max as it or both discussions. progressed over time.
Each roundtable fed into the next, We have organised the findings into allowing learning to travel through three chapters, reflecting the broad the whole process and for areas of themes from the findings of the overlap between the phases to be People’s Gathering. Each chapter is considered, but also providing for prefaced by a summary of the ideas fresh thinking and different and comments from our People’s perspectives and expertise to be Gathering delegates, and some of applied. Inevitably the roundtable their aspirations for Scottish discussions were wide-ranging and democracy in 2030. did not always correspond precisely to the division of topics from the We intend to use this publication to People’s Gathering. We are confident develop future ERS campaigns and nonetheless that all of the ideas to work with individuals and civic from the People’s Gathering have society organisations to challenge been given careful consideration. We our elected representatives to tell us hope our delegates from that first what they might do to help lead us all-day session agree. towards this vision of a good Scottish democracy. In order to take the ideas from the roundtable back to the public, each roundtable reported to a public event at which attendees were invited to discuss the conclusions in a deliberative and participative format. There were interim publications after each phase, which are gathered together in this final 9
ACKNOWLEDGE- MENTS4 DEMOCRACY MAX A vision for a good Scottish democracy
his project is motivated by the of their time and expertise; they are simple belief that politics is too numerous to list here but Tjust too important to be left to without them none of this work politicians. We would like to take this would have been possible. opportunity to thank all of the people who made this process Thank you all. possible.
From the outset the process has been guided by the Public Policy Network at the University of Edinburgh. They advised on the deliberative democracy format of the People’s Gathering and the public events after each roundtable.
The Public Policy Network was also kind enough to host the first set of roundtables.
We are also indebted to the Scottish Political Archive at the University of Stirling who hosted and supported the second set of roundtables.
Our thanks are also due to the chairs of the three roundtables, Esther Roberton, Rob Edwards and Shelagh McKinlay.
Finally, we are incredibly grateful to all the participants in the Democracy Max process. Hundreds of people have willingly and generously given 11
DEMOCRACY MAX – A SUMMARY OF THE FINDINGS DEMOCRACY MAX A vision for a good Scottish democracy
DIRECTOR'S INTRODUCTION
his publication is a collection inability of unreformed majoritarian of four separate reports that and representative systems of Tcapture the rich democracy to answer the demands conversations, questions, ideas and of popular uprisings around the suggestions that have emerged from world – means that ’how to govern’ the Electoral Reform Society’s is a highly topical question. inquiry into a good Scottish democracy: Democracy Max. Our Society was formed in 1884 in order to secure a more proportional The process began in July 2012 electoral system for the British when we brought together 80 Scots Parliament. This investigation has from different backgrounds to helped us reaffirm that elections are participate in a day-long facilitated central to democracy and the fairer discussion about what people and better operation of them would aspired to for Scotland’s democracy, help in building legitimacy for and what was preventing that from representative institutions. At every happening. This took place within stage of our inquiry participants the context of the debate on the generally took Scotland’s fairer constitutional future of Scotland, electoral system for both which will culminate in the Parliamentary and local government referendum on Scottish elections as a given, and many of the Independence in September 2014. failures of democracy that This has placed the discussions participants discussed have clear directly into mainstream implications for the future of the conversations. First Past the Post system at Westminster. We continue to The legitimacy of representative campaign for a fairer voting system democracy is not only receiving across the UK and specifically for increased attention in Scotland. The England and Wales to follow changing nature of our society – Scotland’s example by adopting the how we communicate; how we store Single Transferable Vote form of and exchange information; a growing proportional representation for local feeling that our leaders are unable to elections. But the wide range of protect us from economic woes; the issues explored by Democracy Max 13
participants are a powerful reminder People being empowered to run that voting reform is vital but must their own towns and villages be accompanied by other reforms for through deliberative ‘mini- a democratic breakthrough. publics’ as well as representative democracy. It is increasingly evident that falling turnout in elections is not an A Citizens’ Assembly – a apathetic response of a chamber of citizens, possibly disinterested public. To many it is a selected like a jury to check and very rational response to their challenge the elected politicians. increasing distrust in and alienation from traditional politics. For the Funding Reform – parties funded political elites declining turnout is a in transparent ways other than rare glimpse of the hopelessness through big donations from many feel about the democratic organisations or rich individuals. process. And of course, that decline in turnout begins to delegitimise Better Media – as traditional democracy itself. It has to be business models struggle and acknowledged that while getting ‘Press Barons’ are exposed, our more people to vote would be a good participants suggest ways for a thing, it remains the case that if greater number of voices to be people feel voting is perceived as heard and for media to operate pointless, then what is the point of more explicitly in the public more of them voting? interest.
If the real goal of democracy is to Openness and transparency – a share power so it is exercised in the strong assumption that democratic interest, truly engaging information should be publicly the masses, then more fundamental available and a case must be changes are required. I am delighted made as to why it is not. to say the participants in our investigation have suggested a A statutory register of lobbying – number of thought-provoking ideas. that sets out who is lobbying whom and why. DEMOCRACY MAX A vision for a good Scottish democracy
A written set of principles for Scots to unite around – setting out who we are and by which rules we wish to be governed.
An inbuilt system to review and advise on how the Scottish Parliament and Government fare in abiding by these principles.
These are ideas and suggestions. Many of them are not new, but they do have a renewed relevance at this time. We have weighed up the pros and cons of each in our discussions and feel they deserve consideration as interventions to improve our democracy. We suspect some of them are more vital than others and so should be acted on quickly.
Therefore, going forward we will decide priorities and commit resources to campaign for them. If you are interested in being involved please get in touch. We already have some plans for ‘what next‘ and these are laid out at the end of this book.
Willie Sullivan Director, ERS Scotland August 2013 15
THE SOVEREIGNTY PEOPLEOF
“IT IS THE SOVEREIGN RIGHT OF THE SCOTTISH PEOPLE TO DETERMINE THE FORM OF GOVERNMENT BEST SUITED TO THEIR NEEDS.”5 SCOTTISH CLAIM OF RIGHT DEMOCRACY MAX A vision for a good Scottish democracy
PEOPLE’S GATHERING FINDINGS
overeignty of the people is a Active participation in politics was a constitutional principle long strong recurring theme from the Srecognised in Scotland which People’s Gathering. The discussion provides that the Scottish people ranged from wanting to encourage have the sovereign right to people to stand for election and determine the form of government thinking about what might be best suited to their needs. This is discouraging them from doing so, to different from the concept of the UK thinking about why turnout in parliament being sovereign. Under elections is so low and what might the heading of Sovereignty of the be done to re-engage people with People, we have grouped issues the political process. Delegates also raised at the People’s Gathering considered that knowledge of which reflect this ideal of the political processes and an informed Scottish people in participating and society were integral to ensuring engaging in politics, and being the active participation. ideal to whom the state should be accountable. As well as those practical aspects, it was felt that part of what is We hope that the first phase of the discouraging participation is the way roundtables will discuss the we manage our political structures. accountability of the state and its Delegates felt party politics and the representatives, the participation of increase in professional politics were the people in those processes of turning people off politics, and that accountability and how to ensure the the failure of our institutions to ‘look diversity of the population is like us’ means people don’t feel that represented. they can influence politics.
The outcome aimed for would be suggestions for initiatives, interventions and processes that will improve genuine accountability and ensure more citizens are empowered to participate. 17
GREATER PARTICIPATION: IMPROVED TURNOUT:
Delegates asked why so few people Delegates considered compulsory participate in politics at any level voting but felt if it was introduced and suggested analysis and work to there would need to be a ‘none of promote initiatives would be helpful. the above option’ on the ballot paper. Delegates felt that financial barriers Indeed, even outside of whether to standing for election should be voting should be made compulsory removed. The time commitment and or not (and some delegates strongly unique challenges of re-entering the disagreed that it should), it was job market after serving as a considered whether a ‘none of the politician should also be considered. above’ option could serve as a Solutions suggested included means to express willingness to providing grants or funds to allow engage with the system but being participation in elections. The right unable to identify with any of the to “democratic leave” or workplace parties or candidates. flexitime to include time off for community and voluntary service or Other ideas discussed around a secondment structure for political turnout included online voting and representation was brought up by a registration. Changing polling day number of delegates. It was also away from a Thursday was also acknowledged that positive role mentioned. Lowering the voting age models are needed to encourage was discussed, with a general feeling people to stand. that this would assist in young people becoming fully engaged, as In 2030… well as being a welcome change.
There is no income Some delegates talked about barrier to participating in elections whether more referendums would encourage greater participation, with a suggestion they be held alongside Most people stand for elections. The ability to call election or serve on a referendums by petition was also community council at suggested as a way of reconnecting some point DEMOCRACY MAX A vision for a good Scottish democracy
people to politics and voting – with Beyond the formal school system, a one idea being that the current desire was expressed for education Scottish Parliament Public Petitions in the community, to inform about Committee could include an option changes in the system, and how to to submit the issue to a referendum. access politicians and politics. Workplace democracy was also In 2030… considered to have a role in informing society. The role of the All our young people arts was considered. This more day- are fully engaged in the to-day information and education democratic process and were felt to require a genuine feel able to influence it in a process of disseminating information positive way to the people and facilitating feedback from them.
We have brought Delegates felt this citizenship the disenfranchised education should have considerable back breadth. It should include practicalities, like information not just about who makes the decisions, but also how the decisions are made, and AN INFORMED SOCIETY: should enable people to understand the system – who governs what, and Delegates very strongly felt that if to make informed decisions. It should people were to re-engage and have also include education on how to faith in politics again, society needed access politicians and politics, to be much better informed. perhaps including surgeries in schools, as well as learning about This more informed Scotland would deliberative processes and what it ideally have free cradle to grave means to be a responsible citizen. education, with more thought given to early education and an emphasis Other practical aspects suggested on, if not a compulsory element of, included a greater emphasis on citizenship education. pragmatic economic skills and 19
issues, an emphasis on skills and ACCOUNTABLE ELECTED motivation to participate in local and OFFICIALS: national democratic processes, and a consideration of what it means to Delegates felt strongly that there make ‘good choices’. should be constraints on professional politics. Possible It was felt that as well as informing implications discussed included that society and improving political politicians should serve limited engagement, this future vision of terms, that remuneration should be better employment and more choice linked to average wage levels, and in education would lead to better that a power of recall should be engagement with society and less introduced. It was suggested that apathy. MPs themselves need to be more engaged, with the fact of House of More holistically, it was hoped that Commons attendance being rarely at any education system would nurture, 100% noted. It was also felt that not suppress, aspiration, and would whilst in opposition elected develop people’s confidence in their representatives lose power and ability to succeed. influence in a way that means they are not given the chance to truly Importantly, delegates noted that the represent their constituents. language used as part of any informing and educating process Delegates would like methods to must be accessible. address this imbalance to be considered. In 2030… Being a responsible In 2030… citizen is part of the curriculum Elected members can be held accountable for There is a greater wrongdoing presence and involvement at both primary and high school level of politics and the role it plays DEMOCRACY MAX A vision for a good Scottish democracy
ELECTORAL REFORM: people less likely to see the impact of their choices and thus less likely More proportional voting systems to engage. were seen as desirable. it was acknowledged that Scotland already Equally, power exercised locally was has fairer systems in place at all felt to be easier to understand and levels short of elections to the House challenge, due to improved of Commons. transparency.
Improvements and alternatives In 2030… suggested included open lists and A higher percentage of multi-member constituencies. people are engaged or Primaries were considered, as was involved in local the concept of write-in candidates, community or politics and the ‘John Lewis’ style model where everybody is a candidate was presented as of interest. A REPRESENTATIVE In 2030… PARLIAMENT: We have a fair voting system where voters There were strong feelings that feel their vote counts parliament should be more representative of the Scottish people – in terms of Gender, Sexual Orientation, Ethnicity, Age and FEELING CONNECTED: Disability.
Throughout the consideration of In 2030… The Scottish Parliament reflects participation and engagement the Scottish delegates felt that moving decision population making closer to the people affected would improve representation and accountability. They suggested that 50:50 gender balance in all distance from government made our political structures 21
ENGAGED VOTERS – second, with partnership politics not ONLINE AND OFF: party politics being the norm. Some even suggested the abolition of Delegates often mentioned that new political parties, which demonstrates technology could be utilised to the extent of their dissatisfaction facilitate engagement. with and alienation from current party politics. The short term-ism of At a more traditional level, it was the election process was considered, considered that politicians have the and whether this damages the ability responsibility to engage the public of politicians to represent their and should make more of an effort to constituents when so much time is go to the people rather than spent on electioneering. expecting people to come to them. Also raised more than once was the In 2030… idea that language is Citizens are institutionalised by political parties, fully engaged in the democratic life of our academia and the public sector, and country through that if we are to understand and hold traditional and high our politicians to account this needs tech means to be less exclusive.
In 2030…
MOVING BEYOND THE Party politics comes PARTY SYSTEM: second – politics is about people A persistent thread of debate was the failure of party politics, a feeling that political parties hinder rather than help the democratic process.
Delegates felt parties were indistinguishable. They were keen that party politics should come ROUNDTABLE REPORT 23
CONTENTS
THE SOVEREIGNTY OF THE PEOPLE ROUNDTABLE 24 DISCUSSION: ENGAGEMENT 27 DISCUSSION: LOCAL POWER VS CENTRAL POWER 33 SUGGESTION: RUN OUR OWN TOWNS, VILLAGES AND CITIES – LOCAL + SMALLER = BETTER 36 DISCUSSION: PARTY POLITICS & CURRENT INSTITUTIONS 40 DISCUSSION: SCOTLAND’S PARLIAMENT 46 SUGGESTION: IMPROVING ENGAGEMENT AND RELATIONSHIPS WITH POLITICIANS AND FORMAL POLITICS 48 SUGGESTION: A CITIZENS’ CHAMBER 50 CONCLUSION: A NEW POLITICS 53 DEMOCRACY MAX A vision for a good Scottish democracy
DIRECTOR'S INTRODUCTION
he following is a summary of his report reflects a the views of the roundtable conversation that took place Tparticipants as they reflected Tbetween 28 people over two on the issues raised at the People’s four-hour sessions in November Gathering. We also include 2012. The participants were invited suggestions for interventions and because they had thought, written, reform.6 organised, or in some way shown an interest in thinking about the future We also give examples of relevant of democracy and the distribution of academic research, commentary and power in Scotland. analysis. These are in red. This conversation was itself informed by a bigger conversation: the People’s Gathering, which saw 80 delegates meet in Edinburgh last July to share their vision of a good Scottish democracy. The conversation will continue within the Democracy Max programme until we publish our final report in August 2013, but we hope it is underway in other places as well: in political parties, at dinner parties, in community groups, in pubs and homes, on Twitter and Facebook, and in the media. We hope the conversation about creating a better democracy grows and spreads, so that by the time we come to the referendum in Autumn 2014 many of us know what we think a good democracy would look like, and whether we vote yes or vote no, the politicians will know as well. 25
A third of the way through the abstract policy debates have little to Democracy Max programme certain offer most people. People live in themes are emerging: communities and neighbourhoods, ‘people-sized places’, and that is We know that many people are where they might become involved in disengaged from and disillusioned by politics because they care about the our politics; historically low election decisions being made. The long-term turnout alone is enough to give us centralisation of power in the UK concern. Our discussions suggest and Scotland feels increasingly un- that this is because politics and democratic. Compared to most other governmental institutions have failed European states, the levels of local to keep up with changes in our representation and local power are society. We have moved from an derisory. The myth of us having too industrial age when power came many politicians is verging on a through machines, to an information conspiracy. Instead should we age when power flows with consider councillors representing knowledge and control of that smaller local areas? Could they be information. Yet we still try to govern public servants serving on a our country with institutions that voluntary basis? If everyone took resemble mechanical machines their turn, people would truly know rather than information networks. their local councillors. We remain a transactional democracy where politicians vie for The second suggestion is a Citizens’ votes by trying to offer voters more Assembly – an additional decision- ‘stuff’, when what is required is a making chamber constituted like a transformational politics because large jury, where people are people want and need politics to appointed for short terms (perhaps a change their lives. year) to reflect the make-up of the Scottish public. Their legitimacy Two interesting suggestions have derives from the fact that together emerged from the conversation so far: they are a ‘mini-public’; they would use deliberation and evidence The first is bringing power closer to gathering to make decisions rather people. Remote decision making and than competing for partisan DEMOCRACY MAX A vision for a good Scottish democracy
Community groups with a legitimate grievance or axe to grind get kicked from pillar to post advantage. How much power by technocrats, bureaucrats and such a chamber would have and party political interests on the its exact make-up are for further basis that they don’t know the debate although some ideas have whole story. They should know been put forward. This could be a the whole story. new way of giving power to the public that better reflects our changing society.
So while our politics might be in crisis, we do not think it is beyond treatment. In fact there is an opportunity for Scotland to lead the way in creating a new politics. In the next two phases of Democracy Max and in our final ‘Vision of a Good Scottish Democracy’ we hope to stimulate more conversation and as many contributions as we can. It will then be for the Electoral Reform Society and others to argue and campaign for the changes to make that vision a reality.
Willie Sullivan Director ERS Scotland Edinburgh, February 2013 27
DISCUSSION: ENGAGEMENT
he round-table discussed the institutions and services is that they perception that we are only are not open to public involvement Tinvited to participate in or inclined to listen to the public. decision making when those in Even when access to services or power choose, and even then our institutions is granted or facilitated it opinions are often dismissed, can still be difficult to be heard ignored or disregarded, causing because of barriers such as people to lose faith in the processes bureaucracy and office hours. of consultation. Different conceptions of language or the use of words and terminology The roundtable felt that explicit and between the individual / community implicit expressions of a lack of faith and the decision maker can be in the public from politicians assist additional hurdles. As a result not all in the public’s own lack of faith in voices are heard equally, people are themselves to either exercise power discouraged, and often or express an opinion. disadvantaged groups are most likely to be excluded. There was a strong feeling that the experience people have of public
To be re-engaged, you have to have been engaged at some point in the past, and there are large groups of people who are not engaged at all and never have been. The voices that aren’t heard are usually the most disadvantaged and it’s not that they’ve chosen not to use their democratic muscle, they don’t actually have any, and they have no expectation of being asked to participate, and that in itself is a challenge. DEMOCRACY MAX A vision for a good Scottish democracy
Participation takes practice. If Democracy needs to be opportunities are limited then redefined. Only a radical re-think people do not get to exercise the of how and where we ‘do politics’ skills and habits required in a can give people courage to truly democratic society. Without engage with the process, imagine civic exercise they fail to ‘grow the future rather than only react democratic muscle’. Negative to the present and make the experiences or deliberate establishment open up to exclusion by those in power will embrace innovative ideas. mean already disadvantaged groups are even less likely to There is substantial research into develop these skills and the the main socio-economic and confidence to use them. institutional reasons for low levels of participation: Institutions feel exclusive. When individuals are made to feel Participation takes practice: unwelcome, distrusted and inconvenient by the public Burns et al7 suggest there are three institutions which they participatory factors: resources, encounter as part of their daily recruitment, and orientations to lives, it is understandable that politics. they will turn away from these institutions and their Individuals will be more likely to take representatives. part in politics if they have resources that make it possible to do so: among Consultation is discredited. them are the time to devote to Public consultation is ripe for activity; money to make reform with participants urging contributions to campaigns and an end to ‘tick box’ or formulaic other political causes; and civic skills, exercises to be replaced by more those organizational and meaningful involvement and communications capacities that participation, possibly on a make it easier to get involved and smaller number of issues but that enhance an individual's trialling different approaches. effectiveness as a participant. 29
Political activity is often triggered by when policies are made. Moreover, a request from a relative, a beyond the possible impact on policy workmate, a fellow organisation or outcomes, participants gain church member or even a stranger additional benefits from taking part: who calls during dinner. Those who recognition as full members of the have the wherewithal to take part are community; education about the more likely to do so if they are asked. social and political world; and information, skills, and contacts that Finally, several psychological are useful in other social pursuits. orientations facilitate political Thus we care about group activity. Individuals are more likely to differences in political participation- participate if they are politically between men and women, or interested, informed, and efficacious, between Blacks and Whites, or and if they can make connections between lawyers and cashiers- between their concerns, especially because they represent a potential the concerns rooted in group compromise in the democratic norm identities, and governmental action. of equal protection of interests.”8
These participatory factors are Pattie and Johnston9 acknowledge influenced by various non-political that often distrust in politicians can institutions and socio-economic inspire engagement, with perceived factors. With few compensatory shortcomings in elected officials inequalities, men – especially Anglo- acting as a goad to action. They also White men – are advantaged with discuss education as a corollary to respect to the resources, engagement, and a similar corollary recruitment attempts, and political around the individual’s conception of orientations that foster activity. ‘fair shares’ – “Those who felt that working people did not get a fair “Through their participation, citizens share of the nation’s wealth were communicate information about less likely to feel efficacious than their preferences and needs to were those who felt there were fair public officials and generate shares for all. They were also less pressure on them to respond. Those likely to have faith in the current who are inactive risk being ignored system of government.” DEMOCRACY MAX A vision for a good Scottish democracy
Educational attainment is often of increased participation in given as a marker for engagement. communities like Shetland and Eigg, Whilst this may be true, other where islanders have had to work studies10 have shown that in fact together to create their own local education merely acts as a proxy for institutions and activity. other factors such as family, socio- economic status and parental Democracy needs to be involvement in politics. These redefined: Voting factors, and the impact they have in the early socialisation process do Voting in elections is a crucial part of not only affect political participation, a healthy democracy. With voter they also determine the level of turnout at times lower than 50% education (thus delivering the there are serious questions around correlation noted above). representation and legitimacy. Voter participation is also a social Which means that the people who justice issue. Learning from Ireland12 feel most deprived are also those suggests there is a group of ‘non- least likely to engage in the system voters’, particularly from deprived because they don’t think it will make backgrounds who believe their a difference. voices have no value, do not know how to vote or register to vote, are Consultation is discredited: intimidated by politicians’ language, have no confidence in politicians, This feeling that one cannot make a and have given up voting due to the difference and therefore that growing gap between the richest and engaging is not impactful can poorest. In Scotland, there is a wide sometimes be alleviated with a rise range of turnout levels depending on in social capital11 - networks of geographical area and related socio- community, voluntary and social economic factors. At the last local organisations and activity. As levels authority elections Glasgow’s of trust within a community go up, turnout was 32% compared to fostered by strong social capital, so Edinburgh’s 42%. Specific data do feelings of being able to change based on income distribution is things. This supports the indications somewhat harder to come by. 31
The correlation between education economic inequalities are clearly or socio-economic status and challenging to address and cannot participation noted above should be removed without profound also be of concern as this suggests political and societal changes.”15 levels of engagement are indicative of wider social inequality, thus There is also evidence that acquiring implying politics is an elite activity the habit of voting is an important and therefore undemocratic. A factor in continuing engagement. Democratic Audit report: Power and Lawrence Le Duc & Joy H Pammett Participation in Modern Britain13 state: “the failure to establish the found that: “Certain groups, among habit of voting early on tends to them the economically reduce future participation at all disadvantaged, face pronounced levels.”16 difficulties in mobilising in order to exercise power, even if other groups Representation do not act against them.” The Pathways through Participation14 Equally, a failure of a cross-section project also found that inequality of of the population to stand for elected opportunity was a major factor in office has resulted in levels of participation. “…deeper and unrepresentative decision-making more entrenched issues in society bodies. This is perhaps best are reflected in disparities in the documented in the case of gender practice of participation. Issues of imbalance. Women won the right to power and inequality in society are vote in the UK over 90 years ago; yet critical to understanding how and only one in five members of the UK why people get involved and stay Parliament are women (22.3%). involved. The uneven distribution of Positive measures put in place by power, social capital and other Labour prior to the first election to resources means that not everyone the Scottish Parliament saw the has access to the same percentage of women in the 1999 opportunities for participation nor do election reach 37%, and this rose to they benefit from the impacts of 40% in 2003. However, gender participation in the same way. Such balance at the Scottish Parliament persistent and structural socio- has since slipped back to 34.9%. DEMOCRACY MAX A vision for a good Scottish democracy
‘Twinning’ measures used by the level – boosting women’s political Welsh Labour party have seen interest, knowledge of candidates women’s representation in the Welsh and sense of political efficacy. They Assembly remain above 33%, with reason that more visible women in the current balance at 40% of politics may act as role models women Assembly Members, sending signals to women citizens although this is also a reduction that politics is an arena open to from the previous high of 51.6% in them. Alternatively, the presence of 2005-2007. women in public office might suggest to women that their Local government fares even worse, interests will be reflected in the with the 2012 Scottish local policy-making process. Electoral elections returning only 24% of Commission research19 has shown women councillors (an improvement that in the UK in seats where a on the 21.8% figure of 2007). Only woman MP was elected to one of the 32 local authorities in Parliament, female turnout was 4% Scotland is led by a woman (3.1%) higher than male turnout – a modest compared with three in 2007. but statistically significantly Patterns of gender imbalance difference. By contrast, in seats persist; for example, 136 of the 353 where a male MP was elected to council wards are represented by Parliament there was no gender gap teams of all-male councillors in turnout. (38.5%), while just four wards are women-only (1.1%).17
Research shows that under- represented groups are more likely to participate when they see members of their group succeeding. Burns, Schlozman and Verba18 found that women seeking or holding elected office in American politics have an impact upon the political participation of women at the mass 33
DISCUSSION: LOCAL POWER VS CENTRAL POWER
hroughout the Democracy governance it is very difficult to Max process so far, many improve democracy. Tdelegates have argued that a large part of the democratic deficit in Scotland used to have town, Scotland is at a local level. borough and district councils and why these were abolished Possibly because Scotland has two was a recurring question. relatively high levels of government Initiatives such as Community – the Scottish Parliament and local Planning Partnerships, the authorities (Westminster and the EU Community Empowerment Bill being even more remote) – people and the Westminster have little or no direct contact with Government’s introduction of a democracy, and engagement and localism agenda that includes accountability is lacking. Whilst elected mayors and Police and participants accepted that more Crime Commissioners are local democracy is not a panacea, it inspired by various motivations was maintained that without but suggest an instinct towards accountable local government and more local democracy and
Towns have no self- governance structure. A lot of people in Scotland That means either we have no daily contact with don’t trust people or they democracy; they have no contact don’t trust themselves to in their immediate personal run their own affairs. environment with democracy. That is not just a jigsaw piece that is missing in Scottish democracy; it is a founding stone of democracy that is missing in Scotland. DEMOCRACY MAX A vision for a good Scottish democracy
decision making. Now that in Participants felt that there is a broad Scotland power has been moved acceptance that we already have too upwards, for example into many politicians and representatives unitary authorities, it was when in fact we have fewer than acknowledged that it will be hard most other European states. to persuade those with that centralised power to give it up in Painting an alternative picture of order to devolve it to a lower governance and decision making will level. be necessary to counteract this myth of over-governance otherwise At the same time, it was perceived people are likely to resist alternative by roundtable participants that our ways of managing and distributing public institutions continue to governance. alienate the general public at every level. This is an age old problem, as Local power for local people. A evidenced by the desire for a powerful argument for more local changed attitude in the planning democracy was that people who process for the Scottish Parliament. live in the community they are This was expressed by the making decisions about will Consultative Steering Group20 and in understand and talk about the the founding principles of the place in which they live in a Parliament. different way. Local citizens have a different cultural, historical and spatial understanding of their community and thus will make decisions about priorities or The feeling of being opportunities for that community over-represented is also with a different mind-set from associated with the more remote decision makers. quality of representation An additional benefit is that and people don’t trust reconnecting with politics at a the quality of their representatives. local level could help to open up participation at other levels. One of the ways forward might be to focus on the process of 35 consciousness raising and re- engagement and part of that has to be giving people the opportunity to experience alternatives, to see that there is another democratic model that can work and explore that in such a way that they are persuaded of the benefits.
Certainly, research undertaken by respecting local opinion and Julia Abelson21 suggests that avoiding controversy with the communities of different socio- potential negative impacts of economic levels have a propensity to ‘nimbyism’. Other academic sources engage in different levels of point to citizen participation participation. Informants in becoming more routine in the United Abelson’s study also emphasized the States as a response to the urban role of ‘community values’ in shaping protest movements of the 1960s, the style and magnitude of suggesting that policy makers do participatory engagement, but she recognise the value of capturing admits we are in an early stage of local knowledge. understanding these relationships, which we intuit exist. Abelson also warns against apparent complacency towards participation in some communities and advocates active steps be taken to better enable and encourage participation.
Irwin and Stansbury22 further suggest that local decision making Without accountable can avoid policy failures associated local government and with “explosively unpopular” governance it will be policies. They also acknowledge that very difficult to get to it would be “shortsighted to ignore anything like democracy the persistence of self-interest”, max. juxtaposing the benefits of DEMOCRACY MAX A vision for a good Scottish democracy
SUGGESTION: RUN OUR OWN TOWNS, VILLAGES AND CITIES – LOCAL + SMALLER = BETTER
Apathy is a myth. People are Making deliberative democracy interested in local-based and part of a more localised community politics, but do not approach could also increase find their concerns addressed in people’s faith in the system and ‘high level’ political discussions confidence in their own ability to on often narrow terms set by influence that process, leading in current institutions. Inspiring turn to greater inclination to people to be involved, providing engage and participate. role models and examples of success was agreed to be Once people could see more important, bearing in mind that if clearly who was making people see others who look and decisions about their community sound like them in positions of and how, they would be more power they are more likely to inclined to pay attention and get engage and take notice.23 involved, improving engagement and representation and Localising power and decision increasing accountability. making could be a big part of the solution to people’s Mini-publics emerged as a disengagement from politics. potential method of engagement Eigg was noted as an example that recognises the need for where people have sought and institutional reform if people are been given real power, including to see the value of being involved over resources, with significant in running their own success. It was felt that small, communities. defined, known, familiar communities where decisions Mini-publics were proposed decades are made by those with close ties ago by political scientist Robert to and an obvious interest in the Dahl. He wondered whether we immediate community are more could envision a kind of mini- conducive to engagement than populus, representative of the more centralised structures and population and empowered to learn institutions. about and deliberate on public issues, and to contribute directly to 37
decision-making. Mini-publics are other deliberative or ‘super-local’ designed to avoid the trappings of that could be democratically creative party politics and technocratic and experimental, for people to policy-making. The use of mini- experience? publics has increased notably in the last decade, and the variety of It was highlighted to be of democratic innovations that are importance that any structural emerging based on this idea is change would need to be remarkable: From the now classic accompanied by attitudinal and Citizens’ Jury, to the German cultural change at the heart of Planning Cell, the Danish Consensus institutions. Leaders and elites will Conference, or the Citizen need to recognise the benefits of Assemblies in Canada or Iceland. redistributing power, without which Mini-publics are formed by randomly new participatory structures could selected citizens (for instance, attract the same problems of public selected by lot from the electoral alienation as we see currently. roll), usually using quotas to ensure certain social characteristics, e.g. gender, age, ethnicity. Mini-publics are empowered to call in a diversity of ‘witnesses’ to provide evidence and arguments on a given issue: officials, citizens, community activists, politicians, representatives from the third sector and businesses, academics, etc. Finally, the mini-public deliberates on the evidence before reaching a recommendation or decision.24
Mini publics are one option for alternative democratic structures that emerged. Should local authorities be encouraged to pilot DEMOCRACY MAX A vision for a good Scottish democracy
CASE STUDY: LOCAL DEMOCRACY ON THE ISLE OF EIGG
hen the inhabitants of Eigg community. The reasons were many- embarked on their buy-out fold but how the issues should be Wcampaign, the issue of debated was actually the question, community rights was given for as a rule islanders do not like particular prominence. The islanders formal structures very much. They stressed how the community had would rather discuss topics in an been kept out of the decision- informal setting, often within the making process by the system of framework of a social occasion, private ownership and how this rather than sit at a meeting. But this exclusion hampered the economic form of consensus-building was not development of the island. This aptly entirely satisfactory because it did demonstrated the need for a new not necessarily include everyone in form of land ownership, one which the community, nor did it provide a would involve the community in formal record. decision-making and give it a stake in its own future and also safeguard There was also a tendency for the natural environment of the people to forget altogether that the island. trust was theirs to make it what they wanted it to be. They were then The community buy-out of 1997 tempted to project onto it effectively put in place a charitable authoritarian attributes, and with trust, which has aims largely these the kind of unformulated determined by the islanders, and a suspicions previously directed at board of directors on which there is landlord figures. 50% island representation. The Isle of Eigg Heritage Trust’s business As a result of all these factors, plan was based on the premise that meetings were irregularly attended. the community would be actively Consequently the directors involved in all stages of planning and representing the islanders felt rather indeed would direct the process. depressed by the fact that there Initially there were some difficulties appeared at times to be a lack of in getting communication going support and understanding for the between the trust and the work they carried out on a voluntary 39
basis. They felt that people were keen to criticise but not so keen to participate.
It was only when concerns about participation were finally voiced at an Eigg Residents Association (ERA) meeting convened for that purpose, that progress was achieved. A community workshop explored the style of decision-making; the relationship between the trust and the islanders; the way agendas were set; and the way ERA meetings and meetings of directors of the trust were co-ordinated.
Following this meeting a formal system was put into place to allow for a more relaxed tempo in decision-making – one which would allow time for reflection. If further discussion is needed, issues can be taken to a community workshop.
Since these changes have been introduced, there has been far more participation in debate at ERA meetings and a greater feeling of involvement on the part of the community.25 DEMOCRACY MAX A vision for a good Scottish democracy
DISCUSSION: PARTY POLITICS AND CURRENT INSTITUTIONS
t the same time as percentage higher only in Slovakia engagement is changing, one and the Czech Republic where the Aof the mechanisms meant to decline of the Communist party is provide us with representation – the the main cause of the decrease). political party – is widely perceived as being in decline. Political parties Concurrently, smaller parties, and serve a vital purpose in those with a clearer ideological representative democracies – intent such as the Green Party and developing policy platforms and the Scottish National Party, have supporting candidates, and seen a growth in membership. providing cues or signals for people Membership organisations such as to vote in line with their interests RSPB and the National Trust have and beliefs. Yet now, while there may also seen large increases, and be a plethora of reasons why people campaigning groups like Amnesty feel disconnected with politics, it is International and 38 Degrees are the party system which seems to be able to mobilise thousands of a focus for much of the blame. supporters. This suggests that the public is not so much disinterested There has been a large decrease in in politics, or in contributing to a reported membership of UK political cause, as they are disillusioned by parties over the post-war period. In mainstream party politics. 2010, only 1.0% of the electorate was a member of one of the three main The roundtable felt there were links political parties. Labour had between falling turnout in elections, approximately 194,000 members, lack of trust in political parties and the Conservatives 177,000 and the declining faith in the reliability and Liberal Democrats 65,000. However accessibility of our institutional in the early 1950s, the Conservatives structures. There is a sense of claimed nearly 3 million members power having been captured by the and Labour more than 1 million. centre and of the ‘little man’ being (Whilst political party membership is shut out of decision making. in decline across Europe, figures for the UK stand out with over a 35% Charles Pattie and Ron Johnston26 decline in the period 1998 – 2008, a found that: “The weaker a The days when being a member of a political 41 party gave you a say in the decision making structures of that party are long gone.
respondent’s sense of identification member’ democratic political with a political party, for instance the parties waned, so did less efficacious he or she thought membership. political action would be, the less difference he or she thought a Increasingly people are change of government would make expressing political choices and the less trusting he or she was outside of political parties, of elected politicians and parties. As through consumer mechanisms a partial corollary, the greater an such as making ethical choices individual’s political knowledge, the on the high street. At the same greater his or her sense of efficacy time single issue pressure and difference and the more groups have given people the sanguine his or her view of the option of expressing their current political system.” individual preferences outside of parties – both of these have Party membership no longer made party membership less provides adequate reward given relevant. that individual party members have little say in the Political parties are still a useful development of the party. It was way for like-minded people to suggested that party organise and work together. And membership needs to be seen as whilst they are not thriving, they valuable again, perhaps with a remain influential. more structured form of participation. It was acknowledged that with the growth in centralised mass Political parties are media campaigns and a focus on incredibly robust, what they ‘air war’ politics, ordinary are not is mass membership members and local party units political parties. That’s gone, but political parties found their status demoted to hold almost all the levers of ‘door knockers’ and ‘phone power and there’s no sign bankers’. As the principle of they are going to supporting and servicing ‘mass relinquish that. DEMOCRACY MAX A vision for a good Scottish democracy If political parties didn’t exist, it would be necessary to invent them.
What if state party funding was A general sense emerged of determined by number of members institutional politics failing to and the role of the membership or catch up with 21st century quality of internal party democracy? reality, encompassing changes in attitudes to participation, public Despite the fall in political party expectations, demographic membership, and disillusionment changes, information and with party politics, it was noted communication methods and the that people are increasingly media. interested in issue-based and community politics. This Devolution was supposed to help suggests they do not find their move politics towards a less concerns met by wider political combative, more open and discussions. principle driven system but there was a general feeling that these Concurrently voters do seem to aspirations have not been met. It be demonstrating dissatisfaction continues to be the case that with two-party politics and an elected decision makers feel interest in encouraging variety in remote, are perceived as elite our elected officers by voting for and self-serving, and that smaller parties or independent spending time as a politician is candidates. seen as a career path rather than a service to the community.
Support for these assertions about the failure of institutional politics If the funding of political comes from the Power Inquiry parties was more closely 2006,27 which found that the tied to membership… numbers, quality of decision emerging ‘new citizen’ is increasingly making… you’d see a turn alienated from the old structures of from seeking funds from engagement and needs a ‘new large donors. politics’ with greater opportunities to influence. “The Inquiry’s research and evidence shows that citizens Society has changed, people have changed and 43 the raison d’être of political parties has been diluted by people becoming more interested in issue politics. We need to balance the need for dynamism, for getting fresh blood in, for attracting feel particularly alienated from people who wouldn’t normally their parliamentary be attracted against having representatives in two related people with capacity, areas: – it is widely felt that MPs knowledge, sensibility, do not engage with or listen to their consistency and built up constituents enough between experience. elections and that MPs are more accountable to their party leaderships and whips than they are to their constituents on the key issues of the day. elected. Limited or fixed terms These concerns clearly relate to the were discussed as a potential wider causes of disengagement part of the solution. identified by the Power Commission, most notably, the sense of a lack of Aristotle’s original argument in influence over political decisions favour of rotation captured the views reported by many people, and the of both the People’s Gathering and dissatisfaction widely felt towards the roundtable discussion: “… the main political parties.”28 rotation in office both limited the extent to which power’s corrupting How can politics be reformed to influence could take hold of function in the modern age? What politicians and fostered broad-based systems could be introduced to participation in governance, which in reconnect people with institutional turn created a more civically politics, and to allow politics to competent citizenry.”29 John Locke function for and with society rather also advocated rotation as militating than against or in parallel to it? against the corrupting potential of political power and for fostering civic There was concern with the competence. Scotland’s David Hume professionalization of politics however viewed rotation as a recipe and the problem of elected for instability and administrative politicians having to plan and incompetence. These arguments for organise to seek re-election as and against have changed little in soon as they are successfully the intervening years. DEMOCRACY MAX A vision for a good Scottish democracy
As one of the few countries in the Pablo Querubin33 reports that world with proscribed term limits for analysis of 15 US states suggests political office below the level of that while term limits increase presidency, much of the analysis of turnover, they fail to make races this tool comes from the United more competitive or to increase States of America. In support of party turnover. This is supported by Aristotle and Locke, Senator Patricia Chen and Niou’s analysis which Birkholz, Michigan, suggests30 that showed that: “If the term limit term limits have allowed a more referendum is passed, the challenger diverse group of people to be elected from the opposing party who would to higher office, and that local have lost to the incumbent if the residents feel more connected to referendum had not been passed will government as they see their family still be defeated by the new dentist or elementary teacher candidate from the incumbent’s elected to the legislature. Chen and party in the ensuing election.”34 Niou31 put forward the possibility Querubin also suggests that term that because the overall incumbency limits deter high-quality challengers of the elected body is lessened, the from running prior to the expiration distribution of power and influence of an incumbent’s term, and that within the body is also more evenly therefore term limits may make spread. They also point out that incumbents safer in earlier terms, “both advocates and opponents of ironically allowing lower quality term limits… seem to share the basic politicians to stay in office for a principles that democratic politics longer period of time, relative to a should be competitive and should non-limited scenario where engender a representative link competition would be stiffer.35 John between politicians and citizen.”32 Gastil also argues that while term limits and campaign finance reforms Unfortunately for proponents, will increase turnover, they provide analysis of the impact of term limits no mechanism for improved seems to expose quantitative proof deliberation and accountability.36 that whatever the instinctual benefits of limiting terms of office, Senator Birkholz presents the actual effect can be negative. challenges that Michigan has 45
encountered since introducing term that mayors with re-election limits, including; frequent turnover incentives misappropriate 27 leading to a lower level of percent fewer resources than understanding of complex issues mayors without re-election and loss of experienced and incentives. knowledgeable long term members. She also suggests that because of Mark P Petracca suggests that the longer term limits of the perhaps term limits alone cannot Governor’s office, this enhances the provide a solution: “Term limitation is power held at the level of Governor. only the first response to the Her reflection that the power of problem of professionalization that bureaucrats increases is supported increasingly permeates the entire by analysis from Carol S Weissert American political system. and Karen Halperin,37 who suggest Periodically throwing the ‘rascals’ that term limits result in more out of office will do little to remedy reliance on staff and bureaucracy the other pressing problems of and that lobbyists gain power as professional politics.”39 newly elected members seek out their specialist knowledge. Weissert This analysis is however centred on and Halperin conclude that even ‘professional politics’ and thus has though they have to work harder to less of a bearing on the mechanisms build relationships under term limits, one might put in place to convene a there are more lobbyists working Citizens’ Assembly as discussed harder and with greater influence in later in this report. the legislative process, thus negating one of the hoped for effects of term limits of re-connecting politicians and public and bringing ‘real people’ to elected office. Additional evidence from Brazil finds that Brazilian mayors eligible for re-election engage in less corruption, on average, than do term limited mayors.38 Ferraz and Finan found DEMOCRACY MAX A vision for a good Scottish democracy
DISCUSSION: SCOTLAND’S PARLIAMENT
ven the youthful Scottish Those elected to office Parliament thus seems to be encounter tensions between Ecaught in a culture of ‘strong party political interests and the man’ politics, where deliberation and internal interests of Parliament consideration, admitting mistakes, or itself as an institution and the having debate within a party are needs of the people they seen as weaknesses. This ‘cultural’ represent. This competition of norm of how to do politics seems to interests inhibits the practice of be a barrier to evolving the representative democracy. The consensual model envisioned for the whipping system and concepts Scottish Parliament. Looking at of ‘party loyalty’ and ‘discipline’, other European states it would whilst not always a bad thing, appear that this is not an inevitable seem to be more important that consequence of the political process the interests of the people. but a learned behaviour, perhaps predominantly learned from There are very few politicians Westminster. It was questioned outside the party system. whether this indicates a lack of self- Without a party machine, the awareness in that politicians and culture, finance and media set- parties behave in a way they have up make it difficult for seen others behave and a lack of independent candidates to be creativity to try something different. successful. Any dissent within How do we get creative and change political parties is labelled by the the way we do politics? media as ‘damaging splits in the party’ discouraging the A feeling of under-representation expression of individual thinking. and dissatisfaction with party The operation of internal party politics emerged from the democracy is therefore either roundtable, and whilst the suppressed or hidden so as Scottish Parliament claims to be confidence in the party system is open and transparent, this not lost. institution, like others, seems remote, inaccessible and opaque to many Scots. 47
There are tensions within the parliament itself and within the organisations that are represented in the The route, with the best Parliament. of intentions, to getting elected is through a system that constrains individual thinking.
The Scottish Parliament has been over legislating, and overworking the Committees with Executive Bills. At the outset of the Scottish Parliament there was supposed Are under-scrutiny of legislation, to be the possibility of short termism, and lack of individual Committee Bills, but the thinking a cause or a symptom of the necessity of pre-legislative crisis in democracy? How can scrutiny has arguably inhibited scrutiny of political decisions be the freedom of Committees to improved? decide on their own work-plans. Power to decide daily business rests with the Business Bureau which excludes the small parties and it was suggested this can often feel like a ‘rubber stamp’ process. The extent of party whipping, preventing expressions of individual opinion either in debate or voting was considered regrettable.
Decision making, planning and strategizing within politics tends to be adversely affected by truncated time horizons, envisioning only short-term, electoral cycle decisions and gains. DEMOCRACY MAX A vision for a good Scottish democracy
SUGGESTION: IMPROVING ENGAGEMENT AND RELATION - SHIPS WITH POLITICIANS AND FORMAL POLITICS
n considering the role and politicians and those in power are responsibilities of politicians and not doing enough to open their doors Itheir relationship with their to the public, to actively invite them constituents, it was asked if it would in, and proactively seek them out. help both prospective candidates and newly elected office holders if If office holders are to be truly the job was treated more formally, relevant, it was asked if the with job descriptions, person institution of elected member must specifications, induction and change radically, to go beyond a training. Would more formal job remote representative role, and to descriptions for MSPs offer both a become more of a facilitator and a framework to guide the office holder witness. Aligned to this, are new and a means for the public to models of participation required, understand the role and hold the such as co-operative models and office holder to account? mini-publics, models which provide for greater citizen participation, with It was mentioned that in the past the office holder as facilitator? MSPs have received training on how to best use committee time but there The practicalities of seeking elected was a fear of ridicule from the public office without a big party machine to if they allocated time and money to support the candidate were training. In 1998 the Scottish Office considered. It was acknowledged put in place a wide ranging induction that the introduction of proportional training programme for MSPs. representation for the Scottish Should a training programme for Parliament has encouraged plurality MSPs be re-introduced? at Holyrood, but it was lamented that we have yet to repeat the ‘rainbow The role of the MSP was carefully parliament’ of 2003-2007. As far as considered prior to the first Scottish changing the culture, it was asserted Parliament election, with that having the smaller parties accessibility, responsiveness and a represented did alter the character participative approach set out as key of the chamber and the Parliament. principles.40 And yet, our inquiry The roundtable asked if positive finds an on-going perception that measures should be used to ensure 49 We need to create new spaces where old politics and new politics can New members of the come together and Scottish Parliament are not create something new. given enough support in thinking about the principles of being a parliamentarian rather than a politician. a certain proportion of the Parliament is made up of independent or small party roundtable found it useful to candidates. Would the addition of return to the founding principles voices free from party control of the Scottish Parliament.41 It was improve accountability in the implied that over the years many of Scottish Parliament? the mechanisms introduced to try and ensure the Parliament met those However, the fact is that the principles have been watered down, promotion of under-represented altered or ignored. The aspirations of groups is most easily achieved the Consultative Steering Group through the party system. In bear a striking resemblance to those contrast, Scottish councillors who of the People’s Gathering and the stand as independents are Sovereignty of the People overwhelmingly white and middle roundtable. Returning to these first aged or older men. An alternative principles may therefore be focus could be towards worthwhile to reassure the public independent-minded rather than that the intentions behind the ‘Independent’ politicians. Scottish Parliament’s creation remain front and centre of the ‘way Additionally, as progress towards a we do politics’ in Scotland. more gender balanced Parliament, and a Parliament representative of This would allow examination of why minorities stalls it was suggested some of the expectations of the that consideration should be given to Scottish Parliament have been innovative measures such as job diluted, and an opportunity to sharing, and work must be done to consider alternatives. Suggestions rehabilitate the idea of positive included more time for office holders measures to promote women and to deliberate issues, with the minorities. Executive perhaps only allocated 50% of committee time. Is it time for Finally, in considering the way an audit of the Scottish Parliament? political institutions function, or are perceived to function, the DEMOCRACY MAX A vision for a good Scottish democracy
SUGGESTION: A CITIZENS’ CHAMBER
Community or campaign groups complementary to our existing may provide a more democratic institutions. The idea was loosely forum and in this case perhaps based on jury duty, whereby citizen-led projects for change members of the public would be should be prioritised. Political selected at random to serve for a parties and civil society groups term of office (1-2 years), to discuss, need to build and shape more amend and improve legislation from participative and deliberative the elected chamber, providing an structures. opportunity for the public to engage actively in the political process. One of the ideas that gained the most Individuals would be compensated for traction during the People’s their time through a ‘democracy fund’ Gathering and the roundtable (again, in similar manner to jurors) discussions was a Citizens’ Chamber. with any employment being held The People’s Gathering considered open for them. the possibility of a Citizens’ Assembly type system as an additional decision While no states currently utilise such making body, perhaps as a a system within their legislatures, replacement for the House of Lords experiments with so-called ‘citizens’ at Westminster, or alongside the juries’ have been conducted in several single chamber currently in operation places. “Citizens' juries consist of a in the Scottish Parliament, or as small panel of non-specialists, something separate but modelled on the structure of a criminal jury. The group set out to examine an issue of public significance in detail and deliver a ‘verdict’”.42 As Prime A more deliberative Minister, Gordon Brown utilised democracy, a more citizens’ juries to ascertain the public’s participatory democracy is views on a wide range of issues.43 the solution; It’s all about making new democratic These bodies, however, are more akin innovations like to consultative bodies rather than participatory budgeting, decision-making bodies, and as such mini-publics and do not quite fit the model outlined deliberative forums. above. 51
Related to this concept is the idea of majority in 60% of the 79 electoral ‘Citizens’ Assemblies’, which are districts. In the event, the proposals larger in scale than Citizens’ Juries. were defeated narrowly: 57.69% Citizens’ Assemblies have been voted in favour, with a majority in 77 utilised in the Canadian provinces of of the 79 electoral districts.44 By Ontario and British Columbia, as well most accounts, despite the failure as in the Netherlands (to consider of the referendum to pass the electoral reform) and in Iceland to initiative had been a success, and write a new constitution (in the wake was the model cited in Ontario and of the banking collapse). the Netherlands prior to their initiatives. British Columbia was the first to trial this method of decision-making, A Citizens’ Chamber could be a and initiated an independent, non- dynamic way to consider specific partisan assembly (with the support issues; indeed, there was a risk of the BC Legislature) to examine that a more permanent chamber the electoral system. With 160 could become institutionalised. members (one man and one woman from each of the 79 electoral A Citizens’ Chamber could be a districts, plus two Aboriginal check on state/executive power members), the Citizens’ Assembly – if the chamber had a genuine was representative of the BC veto rather than becoming population, randomly selected from peripheral. a pool reflecting BC gender, age and geographic spread. The Assembly Concerns about how individuals was active between January and would be expected to sit in the November 2004, studying electoral assembly, the way any systems, holding public hearings secondment process might work and compiling a report which and other practical aspects are supported a change of electoral valid and need to be addressed. system to Single Transferable Vote. One proposal was for 50/50 A referendum on this was to be held citizens and elected in 2005, requiring approval from representatives. Another was for 60% of all voters, plus a simple one third employed people; one DEMOCRACY MAX A vision for a good Scottish democracy
third retired people and one third each other. This confronts citizens un-employed people. with some of the difficult choices generally left to politicians, and As the group discussed the role of ensures that the outcome – even if the citizen in the parliamentary this is that no agreement can be process, it was noted that originally reached – has greater legitimacy.”45 parliamentary committees were envisaged as being able to bring the Participants felt that suggesting a public on board to participate, but radical step such as a Citizens’ legal advice indicated that the Chamber would demonstrate their Scotland Act restricted participation concern at the state of our to elected members so lay people democracy, and could challenge our are only advisers – they don’t have parties and systems to think participative power. This led on to a seriously about reform. discussion around legitimacy. Legitimacy used to come from representative democracy – should we consider a new form of legitimacy? It was argued that selection by lot is legitimate, albeit There are new ways of it in a different way, no matter how being political that don’t it is perceived. Certainly Robert involve political parties. Hazell of the Constitution Unit Political parties are not the only channels. We need to finds legitimacy in the Citizens’ provide new public forums Jury process: “The danger with and create new public traditional forms of consultation is spaces. that numerous competing voices are aired, and then whatever government proposes is rubbished by one side or the other. The benefit of mechanisms such as Citizens’ Juries is that the citizens with competing visions are forced to reason with 53
CONCLUSION: A NEW POLITICS
ur inquiry so far strongly terms of turnout – constitutional suggests a mood for a new reform at any level seems to be Opolitics. More local power doomed to failure.46 The combined with a greater voice for Westminster Government continues the public in decision-making are to express an intention to ‘bring strongly emerging themes. power closer to the people’ but Participants are ambitious for the initiatives to achieve this are running consideration of radical new reforms out of steam. such as mini-publics, a Citizens’ Chamber or a re-write of the role of But in Scotland the situation is elected representative, an approach different, with the independence that suggests they see an ailing referendum bringing constitutional democracy requiring surgery over and political reforms into the sticking plasters. They also mainstream. Alongside the referendum acknowledge that bringing decision debate, the Scottish Government is making power closer to people holds progressing with the Community many benefits, but that unless we Empowerment and Renewal Bill,47 and think about new ways of how as well the Scottish Parliament is undertaking as where we do politics, new self-analysis with the Standards, structures could still be open to Procedures and Public Appointments capture by elites and fail to open up Committee Inquiry in the current power in the intended way. session into the meeting arrangements of the parliament48 and post legislative In October 2012 Peter Kellner scrutiny.49 These initiatives suggest an commented that after a series of acknowledgement of the desire for constitutional reform failures – from change, but the necessity of large- the AV referendum on reform of the scale reform and adopting a more House of Commons voting system participative approach to politics must delivering a resounding ‘No’, to also be grasped. It is clear that House of Lords reform again being hardening disengagement and on the back burner and the Police meeting the challenge of how old and Crime Commissioner elections structures react to the current achieving the dubious success of economic climate mean major revision being the worst election ever in must be considered. DEMOCRACY MAX A vision for a good Scottish democracy
The Democracy Max discussions so far demonstrate an appetite to seize the opportunity of the independence referendum and the surrounding debates to examine radical democratic reforms as part of a post-referendum Scotland. Most people find it logical that any further devolution of power to the Scottish Parliament should also lead to further local devolution or at least an examination of where decision- making power currently lies, how it is exercised, where power is best located, and how accountability can be improved.
As we move into the next phase of Democracy Max, we take inspiration from innovative experiments and models world-wide, especially but not exclusively, participatory budgeting in Porto Alegre,50 Iceland’s Constitutional Council,51 and closer to home the community buy out on the Isle of Eigg.52 55
DEFENDING OUR DEMOCRACY – HOW DO WE STOP VESTED INTERESTS HAVING TOO MUCH INFLUENCE? DEMOCRACY MAX A vision for a good Scottish democracy
PEOPLE’S GATHERING FINDINGS
ctive and informed generate suggestions as to how to participation is an essential prevent narrower sets of interests Aaspect of democracy – no (eg the financial lobby, media matter how well set up systems are, or proprietors) from harming the more how accessible decision makers make accountable process we sought to themselves, citizens must have access arrive at under the ‘Sovereignty of to the information they need to make the People’ theme. judgments about their lives, their government and their democracy. The question of media ownership and Without accurate information, and the useful, informative reporting was knowledge to access and interpret it, raised by a number of delegates. citizens will be unable to play their Money being able to buy power and role in a functioning healthy the lack of transparency around democracy, with the deterioration of lobbying were also of concern. There the democracy as a consequence. was a very strong sense that the only way to ensure power is not subverted Participants discussed: is for everyone to have access to information and for them to be The way institutions and provided with the knowledge to organizations intervene and assess it. This provision of knowledge influence government to included; how the system works, how enhance their own sets of you can engage with the system, interests information on what decisions are being made, by whom, and how. It The decline of traditional media was felt that an informed, confident and the rise of new media society would be better equipped to hold those with power to account. Provision of information to citizens in a democracy VESTED INTERESTS CAN’T BUY THEIR WAY INTO The aim was to seek to understand POLITICAL DECISIONS: the systems and mechanisms that provide balancing power in the The concept that background, interests of the common good and to upbringing or money should not buy 57
power in politics, the workplace, power, perhaps most obviously government or media was raised in manifest in the simple request that plenary and supported with a loud politicians should follow the rules. round of applause. In thinking through how background or money should be prevented from The distinction between elitism and buying power in politics, there was direct financial benefit was made; some discussion of alternatives to suggesting that delegates felt GDP as a measure of wellbeing, influence was not just about money success and happiness. Delegates but can also be about relationships. felt that using GDP as our preferred measure of success skews decision With regard to the role of corporate making towards corporations and power and money it was felt that the wealthy and away from people, there should be less money from so alternative measures are business in party politics, with some required. suggestions that commercial lobbying should banned outright. Certainly This included a consideration of the there was strong support that at least role of wealth and greed: statements secretive corporate influences on included “Wealth is now socially government policies and decisions acceptable. In previous generations should be outlawed, and it was socially unacceptable to be organisations who lobby registered. It ostentatious; now it’s socially was suggested that as well as being unacceptable to be poor” and “The potentially corrupt, the excessive greed is good ethic should be power given to these vested replaced by a deeper sense of the corporate interests remains an public, greater good.” obstacle to meaningful participation. There was also a minor discussion The increase in private companies on the role of the civil service in making money out of the public decision making and policy sector was noted. development, given they are unelected and unaccountable (other With regard to elitism, there was a than to the politicians they serve). discomfort with the privilege of DEMOCRACY MAX A vision for a good Scottish democracy
In 2030… and consideration was given to the relationship between social media Money has been taken out of politics, so that and mainstream media. rich vested interests can’t short circuit The impression that social media democracy reports what the mainstream media will not was discussed, and some delegates concluded that social AN OPEN MEDIA: media must be embraced, with education adapted accordingly. Discussion around the media essentially covered three areas: Beside these practical ownership and affiliation; the role of considerations, there was social media and the decline of the considerable attention paid to the traditional press; and perhaps most content and quality of reporting. interestingly, and most vigorously, Visions for Scotland’s democracy in that the media “should provide 2030 included a more positive actual information”. media, where minorities were afforded some level of protection Measures to ensure a free press from media abuse. A representative were mentioned by many delegates. and diverse media, which should There was strong support for a create a balanced view was also an plurality of media ownership and for ideal. limiting media ownership to a defined percentage. A few delegates Delegates felt that the demise of proposed a publicly owned but fully local papers has limited the access independent and democratically of community campaigns to controlled media. Others spoke publicise their concerns, and the about strengthening public service decreasing diversity of formal media broadcasting and some suggested outlets means column inches or that the media should not be allowed screen time are in the hands of the to have political affiliations. It was few, rather than being a tool for the widely acknowledged that the many to communicate and share importance of the press is in decline, their concerns. 59
In 2030… multiple channels should be used to Secretive corporate communicate. influences on government policies Ensuring there is a plurality of sites and decisions are of power and decision making was outlawed also raised, with delegates suggesting that it would be less likely that vested interests could win TRANSPARENCY: control of power if it was pluralized, rather than being held in a single Freedom of information was site. This reflects areas of discussion supported, with additional ideas around localism and the devolution including everyone’s tax returns of power. being made publicly available, a centralised data store, and public In 2030… benefit reporting on all businesses. Other suggestions included making The media is not private businesses accountable, relentlessly negative and requiring public reporting of partisan and instead holds all politicians and experiences with local politicians power to account and that every meeting should be recorded, with only minimal exceptions decided by courts.
There was an acknowledgement that people are now more aware of the situation rather than less trusting, but that the manipulation of statistics prevents true knowledge.
Perhaps reflecting back on the idea that there should be a plurality of media outlets, it was suggested that in order to achieve transparency, DEMOCRACY MAX A vision for a good Scottish democracy
ROUNDTABLE REPORT 61
CONTENTS
DEFENDING OUR DEMOCRACY ROUNDTABLE INTRODUCING THE CHAIR AND AUTHOR 62 DISCUSSION: MEDIA IN CRISIS 64 SUGGESTION: FUNDING FACT-BASED JOURNALISM 74 SUGGESTION: NEW MODELS 79 DISCUSSION: TRUSTING IN INFORMATION 82 SUGGESTION: TELLING ALL 84 DISCUSSION: FREEDOM OF INFORMATION 96 SUGGESTION: KNOWING ALL 97 ENDNOTE FROM THE CHAIR 98 DEMOCRACY MAX A vision for a good Scottish democracy
DIRECTOR'S INTRODUCTION
he following is a summary of ower to decide and act. This the views of the roundtable succinctly describes liberty, Tparticipants as they reflected Pbut if power to decide and act on the issues raised at the People’s resides only with a small elite, then it Gathering. We also include creates the circumstances where suggestions for interventions and injustice is probable. Justice can reform. only be guaranteed when power is shared and balanced across society We have provided some case studies – in other words, when there is an to help contextualise the discussion. equality of power. This is a Additionally, examples of relevant democratic idea which surely forms academic research, commentary and a crucial component of any vision of analysis are printed in green. Scotland’s future. Liberty, equality and democracy form the three pillars of a just society and the greatest of This report was written by Rob these is democracy because it is the Edwards, a freelance journalist who mechanism by which these other writes as environment editor for the ideals are held in balance. Sunday Herald and as a correspondent for The Guardian. Scotland is of course a democracy. In The views expressed are his and his many ways we are a beacon of alone, though they benefit greatly democracy to other parts of the UK. from two expert roundtable Our local councils and our parliament discussions, a public meeting and are more representative of how detailed discussions with the people vote than English local Electoral Reform Society, who paid government or the British Parliament. £1,125 for his time. More at But congratulating ourselves on www.robedwards.com doing well in comparison with a rather poor performer in this respect will not get us anywhere. We should aspire to be one of the best, and that is what Democracy Max is all about. We think Scotland should be one of the best democracies in the world, 63
and its example ought to inspire Who owns the media? other parts of the UK towards greater democratisation. Who pays for journalism?
The People’s Gathering highlighted How do we regulate and control the media as a special part of any the media without abusing that democratic system. As far back as control? the 18th century Edmund Burke described the press as the ‘Fourth Another concern of the People’s Estate’, demonstrating its crucial Gathering was the various ways that role – even then – in the business of corporations and other large, well- the state. How information is shared resourced entities gain access and or presented is bound up with the influence to policy makers, again issue of the power to decide and act. causing an imbalance in the sharing By its ability to mediate information, of power. Power is a zero-sum game: the media can tell people what is if Amazon, PWC, Goldman Sachs, important and what isn’t, what is Google and News Corp have more of wrong and what is right. it, then the citizenry have less.
It would seem dangerous to let such At the very least, people ought to be a crucial and powerful element of allowed to witness these channels of our democracy become beholden to influence, and to see what is going any one set of interests. It is also on. People have the right to know clear that an investigative and what specific interests want to ethical professional journalism is influence the political process, and important if we are to ensure other how they are going about doing so. I blocks of power within and without agree with David Cameron, Britain’s the state do not hide or obfuscate Prime Minister and Conservative information against the public Party leader, who said “sunlight is interest. And of course we need a the best disinfectant”.55 system of regulation that ensures information is freely obtainable. Willie Sullivan Director, ERS Scotland Vital questions in this area include: Edinburgh, July 2013 DEMOCRACY MAX A vision for a good Scottish democracy
DISCUSSION: MEDIA IN CRISIS
he first morning the chopping and changing the way roundtable assembled was an in which we receive and impart Tunusual one. Because of information, opening up both industrial action by the National unprecedented opportunities Union of Journalists, the main BBC and threats. Conventional media radio news programmes – Good like newspapers and magazines Morning Scotland and Today – had are drowning in the flood, with not been broadcast. Instead of live few expecting all of Scotland’s news and discussion, there had been major news organisations to a bland diet of pre-recorded repeats. survive much longer.
As a result, we were all a little lost Media ownership and and bewildered, bereft of our regular circulation in Scotland morning dose of news and comment. Naturally that says something about Scotland’s daily newspaper the character of those involved, but consumption is, as is the case in the it also says something crucial about rest of the UK, declining. The the role of news, journalism and the strongest performers in the Scottish ever-changing media. To function in market are ‘regional’ versions of UK- a democracy we need information as wide publications, with the Scottish we need the blood that flows Sun (owned by Murdoch News through our veins. Corporation) achieving the highest circulation (271,953 in April 2013). The problem is that the supply of The Daily Record (owned by Media information, and the media Scotland) is the only other Scottish through which it is daily to reach this level of circulation communicated, are in extreme (234,313 in April 2013). The pattern turbulence. Numerous new is repeated on Sundays, with the forms of digital communication, Sunday Mail (owned by Media like Twitter, Reddit, Facebook, Scotland) leading the way and YouTube and blogs, combined Murdoch News Corporation’s with new technologies like Scottish Sun following behind. The smartphones, tablets, and Dundee based media group, DC laptops, are swirling around us, Thomson, publishers of the Broons, 65 There is a real issue about old media powers making the best use of new media and social media.
If there was a broader selection of sources of Oor Wullie, Beano and information that would Dandy, produce the help get a wider perspective on the Sunday Post, which is the news. third-best selling Sunday title. DC Thomson also have the best-selling Scottish only daily, with the Press and Journal (circulation to end of December 2012 was 66,679). Scotland-wide titles, local press in Scotland. Media The Scotsman and Scotland on Scotland operate 19 titles, Clyde Sunday, are operated by Johnston Forth and Media operate 18 titles Press, a multimedia company who and Scottish Provincial Press also produce 154 weekly newspapers operate 15 titles in the Highlands and across the UK (and 31 in Scotland), Islands. The notable exception to whilst the Herald and the Sunday this multiple title ownership is the Herald are owned by Newsquest. West Highland Free Press, bought Newsquest is owned by Gannett Co., out by the employees in 2009. Inc. an international news company that publishes more than 200 newspapers, magazines and trade publications (although none of Scotland’s local titles) as well as 85 daily newspapers in the USA, including USA TODAY.
Of 93 local weekly papers across Scotland, only a handful of titles, some with no cover charge, are seeing anything less than excessive declines in circulation. As far as ownership is concerned, overall, 31 of the 93 titles are owned by Johnston Press, the largest share of any of the only 7 groups who own DEMOCRACY MAX A vision for a good Scottish democracy
Making music “Despite the continued decline of the recorded music market, driven by he roundtable suggested that the drop in physical sales of the the music industry made a once dominant CD, digital revenues Tuseful comparison at the continued to increase. Digital music outset. It has changed hugely in revenues grew by 20% in 2011 to recent years, moving from vinyl reach £379m for download-to-own records, to cassettes, to compact and streaming combined and this discs and now to digital downloads. will only increase. The live sector This has undoubtedly made it harder saw phenomenal revenues of £1.6bn for some musicians to earn money, – the highest for live music since we but it has also opened up important started the Adding Up report.”56 The opportunities for others. Anyone can BPI’s quarterly sales figures, now make music and market it released on 12 April 2013, showed online, without recourse to hiring that sales of vinyl rose for a third players or expensive studios. This consecutive quarter, increasing by may have harmed some major 78.1%.57 careers, but it has also helped many others. As old practices have died, What can the experience of the so new ones have been born, and music industry teach the information there’ve been winners and losers. business? Will the demand for good One result is that people are flocking sources of information mean that back to live music while vinyl albums fact-based reporting and have become a specialist, retro commentary will persist, but its market. medium, form and format will change? Perhaps good ways will be This is demonstrated in the findings found of making micro-payments for of the PRS for Music’s ‘Adding Up online content, and flexible, adaptive the UK’ music new business models will thrive. industry Maybe some print-preoccupied report, dinosaurs will become extinct, but In Scotland, the now in its other smart, dynamic operatives will live music scene is 4th take their place. And maybe well- as vibrant as it’s edition. produced newspapers, muckraking ever been. People don’t need 67 the old media now to set their own agendas and get The future is online. In themselves out Scotland there is a there. constituency that requires particular, relevant information but when you’re online you’re magazines like Private Eye competing with a global and glossy niche periodicals media. will survive as a rump retro market. Or maybe not.
Online revolution: benefits and problems58 prejudice and harassment in the hope that it might provide a The changes that are talking point or inspire women revolutionising information have with stories to share. It hoped to huge potential benefits. Anyone gather 100 women's stories. can set up a blog, join Facebook Instead, it spread like wildfire, as or start tweeting, potentially more and more women began to giving everyone a voice. New add their experiences – women social media are enabling groups of all ages and backgrounds, with shared interests to form from all over the world. In a year, rapidly, reform and regroup in over 25,000 stories had been fluid formations around issues collected. In April 2013, in and campaigns, sometimes with response to material on great success. They can give Facebook which it was felt more access to decision-makers, incited rape and domestic and enable more conversations violence, the project successfully to take place between politicians campaigned for Facebook to and voters. A recent example of update their guidelines and the power of Twitter to policy on hate speech. Facebook revolutionise how we will now take input from communicate, and how women’s organisations on the communities of interest can be content it displays, and will also brought together and campaign, improve training for its is the Everyday Sexism project.59 moderators.60 The Everyday The project was launched by Sexism project has also been Laura Bates in 2012, with no mentioned in Westminster61 and funding or publicity, to collate at Holyrood.62 women's routine experiences of DEMOCRACY MAX A vision for a good Scottish democracy
Those that try to suppress, Facebook,64 Twitter and blogs to deceive or manipulate can be monitor developments. detected and exposed by people working together on online The internet offers great aids to media. With their smartphones openness, honesty, credibility, and their laptops, people can accountability and political more easily become citizen involvement. It enables a huge journalists, working with plurality of viewpoints, and all traditional journalists to expose kinds of information to be widely wrongdoing or share information shared. It can enhance the speed through non-government and effectiveness of campaigns, networks. This has seen perhaps and enable funds to be raised by its best representation in recent crowd-sourcing. It offers global years with the dissemination of access to information, readers activity updates regarding and markets. Some argue that demonstrations, protests and the implications of the online uprisings in the Arab world in revolution go further, and late 2010 and early 2011, and in threaten existing structures of Turkey in 2013. Indeed, the power and ownership. More protests against developing Gezi people can become more Park in Istanbul received no involved in decision-making, coverage on Turkish television, commentary and news- with one mainstream gathering, greatly strengthening broadcaster showing a participatory democracy, and documentary about penguins at undermining or even dismantling one of the most intense the traditional information moments of clashes between monopolies. police and protestors. With little reliable, non-politicised coverage But the internet also brings huge available from the usual media potential problems. It can easily outlets, many Turks have overload us with information, embraced social media sources creating confusion rather than like Twitter.63 Equally, the rest of clarity. The release of large the world has accessed databases on expenses, taxes or 69 If a company has been creating untruths, they will be exposed by Twitter – people are doing the regulation because they want transparency.
pollution can be bewildering and advantage by advertising on the off-putting, and lead to less sly, or by setting up fake interest in decision-making accounts and fake groups to try rather than more. Websites, even and influence public opinion by those that appear reliable, can astroturfing and other means. be riddled with errors, with Some argue that the internet, far inaccuracies often being from undermining traditional repeated and unchallenged. power structures, reinforces Incomplete understanding can them, allowing multinational easily lead to misinterpretation corporations or authoritarian and mistakes. Lies and libels can governments to own, control and rapidly gain enormous currency, influence the sources and flows and do great damage before they of information. As this report are contradicted. The warning was being finalised, the Guardian sounded in 1976 by the then newspaper revealed the Prime Minister, Jim Callaghan, existence of the Prism network, has never been so true: “A lie can as exposed by whistle blower be halfway round the world Edward Snowden. “Internal NSA before the truth has got its boots documents claim the top secret on.”65 data-mining programme gives the US government access to a There is also, unfortunately, a vast quantity of emails, chat logs high degree of rudeness, abuse and other data directly from the and bullying online, particularly servers of nine internet in comment sections or in companies. These include response to controversial tweets. Google, Facebook, Microsoft, The internet can also be used by Yahoo, AOL and Apple. The authoritarian regimes to control companies mentioned have all or manipulate access to denied knowledge of or information, and has state participation in the surveillance capacities undreamt programme.”66 of by George Orwell’s Big Brother. It can be manipulated by It is also important to remember that powerful corporations to their a significant proportion of people DEMOCRACY MAX A vision for a good Scottish democracy
don’t have access to the internet, time, but Van Dijk and Hacker, and and that they tend to be the more the Digital Britain report69 both marginalised sectors of society, such express concern that saturation may as the elderly, disabled or poor. This already have been achieved, and raises the prospect of creating a that this ‘final third’ of non-users will two-tier democracy, in which a not be reached by existing patterns privileged majority has access to of internet provision. Essentially online information and a they argue that whilst gaps in disadvantaged minority is deprived possession of hardware might close of it. over time, the differential access of skills and usage will not, and indeed Internet access and use are may increase. becoming the norm in more and more areas of social life and digital Analysis for the Scottish exclusion is therefore exclusion from Government presented right the normal activities of society. For indicates that the use of the Internet some researchers, the concern is for personal use is strongly linked to that digital divides map on to age. In 2011 over nine out of ten 16- existing divides within society in 34 year olds used the internet for processes of social inclusion and personal use, compared to less than exclusion. The consistent findings of six out of ten 60-74 year olds and the Office for National Statistics around two out of ten people aged (ONS)'s Opinion Survey has been 75 and older. Over the four years to that both internet access and use 2011 all age groups have seen are patterned along individual and increases in the proportion of people group identity in terms of socio- using the internet for personal use. economic status, income, gender, Those aged 45-74 have seen the level of education, age, geography greatest increase and the 75 and and so on.67 Van Dijk and Hacker68 older age group has seen the argue that internet access is smallest increase. becoming a ‘trend amplifier’, reinforcing existing inequalities. There is a perspective which argues that resistance will be overcome in There is still a section in society that isn’t online and 71 doesn’t use social media. If you want to avoid disenfranchising groups you have to make sure the news is available through media that people can access.
PROPORTION OF ADULTS USING THE INTERNET FOR PERSONAL USE 100 2007 80 2011 60
40 Percent
20
0 16–24 25–34 35–44 45–59 60–74 75+ Age Group
In 2011, less than seven out of ten with and without a disability, illness adults in the most deprived areas or health problem.70 used the internet for personal use. However, the more deprived areas of The report for the Equality and Scotland have seen the largest Human Rights Commission ‘Internet increases in internet usage over the Access and Use’71 supports these last four years. findings. It remarks on what it terms a “particularly precipitous drop for Adults with a disability, illness or the over 65s in both use and health problem are less likely to use intensity of use of the internet”, with the internet for personal use. Only over 72% of those who are not online around half of those with a disability, being aged 65 and over. Age and illness or health problem use the educational level interact strongly so internet for personal use, compared that of those who are not online, to over eight out of ten for the rest of 44% have no formal qualifications the population. The increases seen (33% of these are over 75). Those in internet usage over the last four with incomes of over £40,000 are years are comparable across those more than twice as likely to be online DEMOCRACY MAX A vision for a good Scottish democracy
compared with those earning less persuaded of the benefits, and of than £12,000. 65% of those who are their capacity to make good use of not online are in the D and E socio- the provision. economic groups. Interestingly, ethnic minority groups A 2010 report by Consumer Focus72 tend to access and use the internet sought to better understand low at similar rates in the under 45 age income consumers attitudes to groups although differences are broadband and internet access and apparent between, for example, the why they might or might not adopt relatively high levels of use for use of the internet. Many non- Indian, Pakistani and Black African adopters of home internet did and Black Caribbean groups in the regularly access the internet in other C2, D and E categories. All groups in forums – friends’ houses, school, these socio-economic categories college, libraries, or at work, which have higher rates of access than the they saw as a way to access the UK average of lower employment internet without incurring prohibitive status groups, indicating that the start-up and running costs. This access of the White population in limited budget, coupled with a low this socio-economic category group perception of the benefits of home is below average.73 internet was often the reason for a lack of enthusiasm for adopting This data goes some way to home internet. Concerns were also supporting Van Dijk’s theory of there expressed that being without a bank being four types of access; mental, account or credit facilities would material, skills, and usage. restrict their ability to adopt the “According to Van Dijk, access internet. Additionally, the research problems of digital technology found that private renters were gradually shift from the first two much more likely to have mobile kinds of access to the last two kinds. rather than fixed broadband. This When the problems of mental and suggests that addressing cost issues material access have been solved, is only part of the requirement to wholly or partly, the problems of increase home broadband access – structurally different skills and uses consumers also have to be become more operative. Van Dijk 73
does not limit the definition of digital use information in appropriate skills to the abilities of operating ways – that is, the skills to select computers and network connections and process information and be able only. Instead, he includes the to use it in one’s social position and abilities to search, select, process, network.”75 and apply information from a superabundance of sources. In this way, he anticipates the appearance of a usage gap between parts of the population systematically using and benefiting from advanced digital technology and the more difficult applications for work and education, and other parts only using basic digital technologies for simple applications with a relatively large part being entertainment.”74
This conclusion is important for the Democracy Max inquiry as we believe journalism is essential in a democracy in aiding the interpretation of information – that purely providing access to facts and figures is insufficient. We cannot rely on the internet to provide information to the public – neither in terms of accessibility nor accuracy. As Van Dijk concludes, “In an information society, information is known as a so called primary good. Everybody needs it to function in society. However, people also need cultural capital and social capital to DEMOCRACY MAX A vision for a good Scottish democracy
SUGGESTION: FUNDING FACT-BASED JOURNALISM
n the midst of the whirling “Advertising disguised the public- changes unsettling the good nature of journalism for the Iinformation world, there is a past 125 years, but now that greater need than ever for accurate, advertising has found superior fact-based reporting and options, the truth is plain to see. commentary. We need professional That means that any realistic notion journalists to check facts, to talk to of a credible Fourth Estate will more than one source for require explicit public policies and information and to seek to extensive public investments, or understand and explain all sides of what are also termed subsidies.”77 any story. We need reporters who put accusations to the accused, who McChesney also cites research challenge powerful vested interests which demonstrates that political and who have the time and expertise knowledge is higher, and the to investigate and expose information gap between the rich wrongdoing. The role of those who and the working class and poor is help to make meaning out of much smaller in democratic nations information is vital in a democracy, with well-funded noncommercial and it needs to be preserved and broadcasting systems. Interestingly, enhanced. Recent trends suggest a the UK is the exception which move towards fact checking as a proves the rule.78 way of holding the media to account, but this may not be sufficient.76 Communication of information, Journalism, in other words, must like roads, railways and the arts, survive – but how? is one of society’s basic needs and should be supported. There was an overwhelming consensus in our discussions that The future is not in cutting down good journalism should be trees to print papers that are subsidised. This is also the then distributed by various conclusion Robert W. McChesney polluting means around the draws in his book ‘Digital country, but online. Disconnect’: This is an essential industry, like water and 75 many other things, and If we think it’s someone needs to be important for thinking about how it’s democracy why don’t going to be sustainable. we publicly fund media like we do theatres?
News and comment can be much Should readers fund more easily, cheaply and journalists directly? A rough sustainably produced and calculation suggests that it consumed electronically. would only cost 36 pence a day for all Scotland’s newspaper So far the websites of the major readers to pay all the country’s Scottish news organisations journalists signed up to the have been poor at adapting to National Union of Journalists. the new challenges. Many still seem to see online news as an Does the future lies with hyper- add-on to printed newspapers, local news services, some of when in reality it’s the other way which have successfully tapped round. into local advertising, in contrast to national online services that The BBC, for all its virtues as the haven’t fared so well? An UK’s existing public-subsidised attempt by Scottish Television news service, is not enough on (STV) to provide a local news its own to meet the need for a network seems to have faltered, variety of reliable Scottish news with coverage being cut back. sources. Would existing, some might say In the circumstances, there is an devalued, brands, like The urgent need for alternatives that might Scotsman, The Herald or The work. The roundtable discussion Sunday Herald, fare better trying threw up many ideas, some perhaps to raise money, or would new more realistic than others. Robert brands, using new people and McChesney again agrees that new principles, be more sourcing funding is difficult, “There is successful? probably no better evidence that journalism is a public good than the fact that none of America’s financial People define themselves geniuses can figure out how to make by what newspaper they money off it.”79 read. Traditional media has failed to capitalise on the ready-made communities that they had built up. DEMOCRACY MAX A vision for a good Scottish democracy
CASE STUDIES: ONLINE ONLY NEWS PROVISION
Shetland News80 – an online 2010" in the Regional Press Awards local news success story and was 'Highly Commended' in the UK Newspaper Awards 'Best Digital Shetland News was initially set up in Service' category – coming joint 1995 and lays claim to being the first second with The Guardian and internet-only news website in the beating the Telegraph and WSJ.com. UK. In 2003 it was re-launched under a business model of being Edited and largely written by former funded entirely from local staff writers and senior editors from advertising. The site currently has the Edinburgh-based Scotsman 44 listed advertisers, from Frankie’s working as freelancers, the website Fish and Chips to Northlink Ferries. model looked to pay contributors partly according to the "value" of The website, unique in that it is their copy to readers and independent of any newspaper has advertisers. Unfortunately, this proved highly popular – despite model failed to raise significant serving a population of just over revenue. A later fundraising attempt 22,000 people it received more than sought to encourage donations, two million visits during 2012, and without restricting access to free numbers continue to grow. In content. January 2013, Shetland News won a Highlands and Islands Media Award Current site statistics suggest for best use of digital media. around 585 daily visitors to the site, equating to 17,550 visitors per Caledonian Mercury81 –a month.82 It has been described by national web-only news some as being “in its death throes”. provider
Launched in 2010, the Caledonian Mercury was Scotland’s first web- only daily news provider. It claimed to be read by 150,000 unique users per month. It was named "Multimedia Publisher of the Year 77
Crowd-funding is a huge opportunity. If you look at some of the projects funded on Kickstarter the amount of money is incredible. Take out corporations, take out subsidy from our taxes, and give people the opportunity to get involved.
There are many ways of raising anything more than start-up funding, money, in additional to conventional leaving unsolved the problem of business models: Corporate or where regular income would come philanthropic business backers were from. The conventional newspaper ruled out because they would funding via advertising could not be inevitably compromise journalistic ignored, though so far generating a independence. For the same reason, decent income from digital adverts care would have to be taken to avoid has proved difficult. Of course new over-dependence on any single online news services could seek a funder, or class of funders. Crowd- mixed funding model, tapping into funding using established websites some or all of the above as like Kickstarter and Crowncube were appropriate. possibilities, with some successful and instructive precedents. The music industry again offers examples of varying income provision, with a project called PledgeMusic83 gaining in popularity.84
There were also possible sources of funding from trusts, institutions, universities and other agencies. There were questions, though, whether these sources could provide DEMOCRACY MAX A vision for a good Scottish democracy
CASE STUDY: RAISING MONEY FROM CROWD-FUNDING
rom Kickstarter to IndieGoGo, Roundtable88 is an American non- the internet has spawned a fiction co-operative which raised Fnumber of ‘crowd-sourcing’ almost $20,000 in the course of a websites, where individuals or month and is now live and groups with initiatives which require publishing. funding can appeal to the online audience to fund their project. Typically offering funding is rewarded with ‘perks’ depending on the amount donated.
In Scotland, a site dedicated to reporting current affairs from a pro- independence standpoint recently sought to crowd-source funding to enable the author and editor to continue to run the site full-time. ‘Wings Over Scotland’ met their target of just under £30,00085 and the website continues to offer its own views on news and current affairs.86 Perks in this instance were limited to receiving recognition of your support on the website, or, for higher donors, receiving a framed print of some of the unique artwork.
Other successful news projects which have attracted crowd-funding include De Correspondent in the Netherlands, which raised over 1 million euros in just over a week.87 The site is due to launch in September 2013. The Big It’s not necessarily the way you’re getting the 79 information, it’s about the source of the information.
SUGGESTION: NEW MODELS
hat might a new online brother Randy has recently been model for news and embellished by Robert McChesney Wcomment in Scotland that and John Nichols. They call it the would deserve public funding – and citizenship news voucher. “The idea would work – look like? It would is simple: every American adult gets have to be totally transparent. Every a $200 voucher she can use to source of funding would have to be donate money to any nonprofit news published, along with the financial medium of her choice. She will and other interests of all its backers, indicate her choice on her tax managers and staff, including their return… She can split her $200 incomes, taxes, jobs and any among several different qualifying political or other allegiances. All the nonprofit media. … The funding sources of information should be mechanism would apply to any published, credited and linked to, nonprofit medium that does including leaked documents and exclusively media content. … It would material released under freedom of not be covered by copyright and information law. It should be possible would enter the public domain.”89 for readers, listeners or viewers to know everything possible about how The most interesting new idea put the information is gathered, how it is forward during the roundtable interpreted and by whom. The rule discussions was that of a Scottish should be that nothing is kept secret, News Commons. Proposed by the unless there were overwhelming former BBC journalist, David Eyre, it reasons to do so, like protecting envisages creating a new peer-to- sources in vulnerable positions. It peer network bringing together would also greatly help if the news existing news services, blogs, service were run on a not-for-profit, community radio stations and others co-operative basis, so that any with new providers and consumers income would be invested back in to create a network of local media the business, rather than into the hubs. It aims to be transparent and pockets of shareholders. co-operative. It is a proposal still under development, and in need of An idea first developed by the fleshing out, particularly on potential economist Dean Baker and his income streams. But it has promise, DEMOCRACY MAX A vision for a good Scottish democracy
and could be the kind of scheme capable of winning public funding, and regaining public trust. It may be the leap of faith that we need.
There’s an interdependency between transparency and trust. Enforceability of transparency is necessary for accountability. 81
CASE STUDY: THE SCOTTISH NEWS COMMONS
he News Commons90 describes create a story with the capacity to itself as “a new network generate income. Tdesigned to build a foundation for sustainable, quality journalism in “The Scottish News Commons would Scotland.” Writing for Bella Caledonia be a peer-to-peer network made up (another Scottish current affairs and of journalists, broadcasters, opinion website), David Eyre both advertising sales staff, describes the project and gives an photographers, designers, coders idea of the way contributors to the and others.”91 News Commons might collectively
There’s a big moor fire near Gairloch and the reporter from the local community radio station goes out to do a piece to microphone and get reaction from people living nearby.
In Inverness, the local television station interviews the assistant chief officer of the Scottish Fire Service about how difficult it’s been to deal with all the moor fires we’ve seen in recent months.
In Glasgow, a freelance reporter specialising in environmental issues interviews a scientist who has researched the relationship between moor fires and climate change.
In Edinburgh, a freelance political reporter gets reaction from the rural affairs secretary, who backs the fire service appeal to crofters and farmers to hold off on muirburns for the moment. Four separate journalists across the country.
Four separate bits of content. Now imagine you were able to bring them together. DEMOCRACY MAX A vision for a good Scottish democracy
DISCUSSION: TRUSTING IN INFORMATION
ust as people are losing trust interests and political prejudices. A in politicians, and becoming minority of high-profile journalists Jalienated from conventional have behaved unethically, and politics, so they are losing trust in probably illegally, by hacking information, and in the purveyors of phones93 and deploying other information. dubious investigative techniques to uncover information of no real public A 2012 report from The Carnegie UK interest. The BBC, under pressure Trust, authored by DEMOS, from the right-wing press, has been highlighted the growing mistrust of shown to have made some the public in journalists: “The fundamental errors in its coverage of opinion pollsters Ipsos MORI have high profile cases, like Jimmy Savile. been tracking levels of public trust in The situation surrounding the the professions for three decades. revelations about Jimmy Savile was Their research shows consistently described by John Simpson, low trust in journalists, both in respected BBC journalist as “the absolute terms and relative to other worst crisis that I can remember in professionals. When an average is calculated of the polls taken since the exercise began in 1983, only politicians emerge as less trusted than journalists. … In 2011, fewer than one in five of us said we would We’re talking about the form of generally trust journalists to tell the conveying information not the truth.”92 source of the information. Why should newspapers be any more protected than any other form, This may not be a bad thing, for we should be protecting the there is much that is wrong with the people that use it to make sure way in which information is they aren’t damaged by the accessed, interpreted and information. distributed. Newspapers and TV companies, with a few well-known exceptions, are owned by corporations with clear vested 83
my nearly 50 years at the BBC”,94 and the UK Government Culture Secretary Maria Miller said "very real concerns" about public trust in the BBC had been raised.95 When these problems are added to the torrent of information confusion unleashed by bloggers, spammers, data-mongers, propagandists and hosts of others working online, it is no surprise that mistrust is growing. In many ways, it’s a healthy response.
We mustn’t let some of the strength of feeling that came up through Leveson dissipate. DEMOCRACY MAX A vision for a good Scottish democracy
SUGGESTION: TELLING ALL
Part of the answer is for The key is to make the everyone to be more honest. As channel available whether well as any new news service it’s used or not, and make needing to be as open and sure it’s enforceable for those who encounter transparent as possible, others barriers to stop them active in public life have to start using it. keeping fewer secrets.
Old excuses about the practicality and costs of publishing large amounts of work. There is no reason, in information have been rendered principle, why virtually all the work redundant by the ease of of elected representatives, including publishing online and the their correspondence, their emails, effectively limitless space their texts and their memos should available on the internet. not be made publicly available. This kind of information is already, at We are now used to the idea that least in theory, available to anyone politicians should declare their who requests it under freedom of interests on a public online register, information law. and publish their expenses and income in full online. The Scottish Parliament helped lead the way by proactively putting online the expenses of every It’s not perfect, but MSP. But there is a need compared to to go further, with Westminster, the suggestions at the culture at the Scottish roundtables that Parliament is more politicians should publish open and more their diaries, including transparent. details of those they have met, both virtually and in person, or had discussions with as part of their 85
CASE STUDY: HOW POLITICIANS’ EXPENSES WERE PUT ONLINE IN SCOTLAND AND THE UK
t took the controversy of endanger his personal safety. The scandalous expense claims and judgement of the Information Isubsequent commitments to Commissioner states: transparency to allow us to arrive at the position we are in now where “The Commissioner found that the elected politicians’ expenses can be SPCB had breached Part 1 of FOISA accessed online by any interested in failing to release the destination party. points of taxi journeys undertaken by Mr McLetchie. Although the Publishing expenses – the information was personal data, Scottish Parliament the release of the data would not breach any of the data protection The Scottish Parliamentary principles. Accordingly, the Corporate Body (SPCB) publishes information was not exempt under information on Members’ expenses section 38(1)(b) of the Freedom of on a quarterly basis. This exceeds Information (Scotland) Act 2002 the requirement in section 83 of the (FOISA). In addition, the Scotland Act 1998 for the Parliament Commissioner was not satisfied that to ensure that the information the release of the information would regarding the sums paid in expenses endanger the safety of Mr is published for each financial year. McLetchie and, accordingly, held This enhanced level of transparency that the information was not exempt was brought in by George Reid, the under section 39(1) of FOISA.”96 then Presiding Officer, in response to a controversy involving David The Presiding Officer considered McLetchie MSP claiming for taxi that the controversy over Mr journeys unrelated to his McLetchie’s expenses had damaged parliamentary duties. The ineligible the reputation of the Parliament (as claims came to light after a journalist well as leading to Mr McLetchie’s at the Herald, Paul Hutcheon, resignation as leader of the Scottish submitted a Freedom of Information Conservative party), and hence request. Mr McLetchie redacted the sought to make the expenses destinations on the tax receipts, allowances scheme more claiming to reveal them could transparent. At the end of 2005, DEMOCRACY MAX A vision for a good Scottish democracy
almost 700 pages of information Information Tribunal. Subsequently about MSPs expenses were mass documentation began to be published, in contrast to about 12 in prepared for release (although not previous years. Subsequently, from actually released), and in March 8 June 2006, the Scottish 2009 Sir Christopher Kelly, chair of Parliament enabled public access to the Committee on Standards in the claims made by individual MSPs Public Life announced an inquiry under the Parliament’s Expenses into MPs’ expenses. Scheme, through a web-based searchable database. Additional In May 2009 the Telegraph reviews of the expenses scheme newspaper began publishing details took place in 2007-2008 (led by Sir of MPs’ expenses from leaked Alan Langlands) and in 2009 (under documentation. Both the Prime Sir Neil McIntosh). Minister, Gordon Brown MP and the Leader of the Opposition, David Publishing expenses – Cameron MP, issued public Westminster apologies. Speaker Martin stood down, also apologising for his In 2005 the Freedom of Information attempts to block the release of the Act 200097 came into force. Shortly information. When Sir Christopher thereafter, campaigner Heather Kelly opened the inquiry into MPs’ Brooke98 and others filed requests expenses in June 2009, he accused for details of MPs’ expenses. The MPs’ of exploiting the expenses House of Commons authorities system for personal gain. rejected their requests, this rejection was appealed to the Information Following the expenses scandal, the Commissioner. Both the Information party leaders at Westminster agreed Commissioner and the Information to establish an independent body to Tribunal ruled that the broad details pay Members’ salaries; to determine of MPs’ expenses should be a scheme for Members’ allowances published. In March 2008 this and to pay allowances; and to decision was appealed by the regulate the allowances regime. Commons authorities, but in May the Legislation was introduced in June High Court ruled in favour of the 2009 and just one month later, the 87
Parliamentary Standards Act 200999 IPSA but some required legislation to which created the Independent implement. The 2009 Act was Parliamentary Standards Authority amended by the Constitutional Reform (IPSA) received Royal Assent. and Governance Act 2010 to give IPSA responsibility for determining The role of IPSA was described Members’ pay. during the debate in the House of Commons as to: The level of interest in MPs’ claims has reduced, from over 10,000 “… revise and update the codes of unique hits on the IPSA website in practice for Members of this House, response to expenses data published investigate complaints where a in December 2010, to fewer than 100 Member of this House is alleged to following the publication of data in have breached the code of conduct, July 2011. A 2011 National Audit take forward the implementation of Office survey showed that 55% of the recommendations of the the public felt the situation regarding Committee on Standards in Public MPs’ expenses had got better in the Life on allowances and take last year.101 responsibility for authorising claims for payment under the new IPSA policy on publication is to allowance system. It would be able provide a regular two-monthly cycle not only to disallow claims, but to details of MPs’ expense claims.102 require payback of claims wrongly Claims processed by IPSA up to paid out and to impose financial three months prior to the date of penalties.”100 publication are included.
The Committee on Standards in Public Despite the impact of the expenses Life (CSPL) inquiry on Members’ scandal on habits of MPs the allowances which had been launched revelations did not, in and of before the expenses scandal broke, themselves, cause any increase in reported in November 2009. Its final public distrust of politicians. Rather, report included 60 recommendations the scandal confirmed and hardened on salaries and allowances. Most the public’s widely held scepticism recommendations were referred to about politicians.103 DEMOCRACY MAX A vision for a good Scottish democracy
It is not just politicians who ‘Regulating Lobbying: a global have to open up. comparison’: “studies have shown that, without doubt, the work carried Lobbyists, too, are now coming out by interest groups (or lobby under growing pressure to groups – we use the two terms register their interests, with a interchangeably throughout the proposed Lobbying Transparency book) is a central and legitimate part Bill being put forward in the of the democratic process within all Scottish Parliament.104 liberal democratic systems. Although the term has often had negative Lobbyists in Brussels already connotations, throughout the have to be registered with the democratic world the work of European Parliament before they lobbyists is essential when policy is can gain access to politicians. formulated. Lobbyists are an accepted element within society, When the Scottish Parliament providing the necessary input and was founded, it was meant to feedback into the political system, have been so open and easy to thereby helping to develop the policy access, that a register of outputs which drive political and lobbyists wouldn’t be necessary. economic aspects of our daily lives.”
Experience has suggested They go on; “However, because of otherwise, particularly since the issues surrounding the openness of onset of one-party majority the policymaking process, some government, unexpected with countries have sought to regulate the electoral system in place at the activities of lobbyists. ... The the Scottish Parliament, which is basic rationale behind implementing widely seen as having shut down regulations is that the public should constructive cross-party debate have some insight into, as well as on legislative plans in oversight of, the mechanisms that committees. draw lobbyists into the policy- making environment, in order to As Raj Chari, John Hogan and Gary better understand how they Murphy point out in their book, influence policy outputs.”105 89
The fact that it is not currently possible to find out who met who and why, and that money and favours are still being exchanged for access to politicians,106 suggests that legal direction is required. Regulation should be about helping those regulated to make the right decisions. They are more likely to do this if they are aware others are watching their actions. ‘Light touch’ regulation and self-regulation has failed in many areas of social, public and commercial life including the financial sector and the mass media.
If policy decisions are made because of arguments made by one set of concerns or another, or advocates of one set of interests or another, then that influence should be apparent. If any organisation or body is contacting public officials with the intention of influencing a decision, policy development or legislation, then the public should be able to find this easily and quickly. DEMOCRACY MAX A vision for a good Scottish democracy
CASE STUDIES
Lobbying Transparency Register – is failing to provide true (Scotland) Bill transparency in lobbying activities. A recent report109 from the Alliance for Scottish Government proposals to Lobbying Transparency and Ethics introduce a Lobbying Transparency Regulation (ALTER-EU) identifies Bill come on the back of Neil Findlay over 100 unregistered companies MSP’s Members Bill on the subject.107 (105) with a representative office in Mr Findlay’s Bill sought to provide a Brussels or known to have been mechanism whereby the public, lobbying the EU.11 The list includes voters and those who communicate major companies like ABN-Amro information to them, the media, can Bank, Adidas, BBVA Group, Apple see when organisations meet with Inc., Belfius (formerly Dexia), politicians with the intention of Heineken, Porsche, Rio Tinto plc, influencing policy. In proposing a Disney, Shanks Group, SAP, Time very broad definition of lobbying, Warner, Nissan, Northrop Grumman with exemptions set as exceptions and many others. Of the from that definition, the Bill’s unregistered companies listed in the consultation paper presented a previous report, only a minority – 15 starting point of the principle that of the 120+ listed – have since exemptions should exist only if registered. The chemicals and lobbying on behalf of a clear public biotechnology firm Monsanto re- interest through the merit of being an joined the register in May 2013, after employee of a public body. These being absent from the register since proposals were far ahead of draft Spring 2012. legislation at Westminster and suggest Scotland could lead the way The Monsanto example reveals that in developing transparent lobbying under the current voluntary model rules and regulations. companies are free to register and de-register as they please. This The EU Transparency shows that it is unrealistic to expect Register108 the voluntary model to paint an accurate picture of lobbying The voluntary register in use at the activities in Brussels. It also EU level – the EU Transparency reinforces the criticism of the EU’s 91
register by the Center for US Mandatory Register111 Responsive Politics, which notes that the voluntary register, while not In contrast, possibly because such delivering full transparency, massive amounts of money are nonetheless gives the public ‘false spent in and on American politics, confidence’ that there is oversight of the USA has adopted regulations lobbying.110 that try to make the relationships between lobbyists and politicians The report also finds that absent transparent. from the EU register are numerous consultancies, lobby groups and Introduced by The Lobbying MEP-industry forums. Law firms Disclosure Act of 1995,112 (as that lobby continue to boycott the amended by the Honest Leadership register, with the meaningful and Open Government Act of participation of law firms actually 2007),113 the US register provides having decreased in the last year. the names of 12,300 lobbyists (and Additionally, ALTER-EU conclude other very relevant information that the financial information in the about the activities of these register continues to be far too lobbyists, including former public unreliable, with many of those that offices held in the previous two appear to be the biggest spenders in years). fact being small players. At the same time, there remains a big problem Critics point to a lack of enforcement with large players under-reporting of the US register, and claim that on the size of their lobby there is a trend of de-registration expenditure. The result is that the after recent stricter ethics rules register gives a misleading picture of were introduced. However, there is who is lobbying and with what at least the existence of an resources. Numerous entries in the enforcement mechanism, and some register provide incomplete and commentators have suggested the outdated information, demonstrating modest decline in the number of that the register’s monitoring and registered lobbyists is largely due to enforcement remains far too the economic crisis.114 unambitious. DEMOCRACY MAX A vision for a good Scottish democracy
This certainly doesn’t mean that the US lobby disclosure system is perfect; organisations such as the American Bar Association and Public Citizen’s Congress Watch are advocating further improvements. It does however represent a strict and enforceable model. 93 If we knew more about the journalists you would feel more of an affinity with them.
Naturally, there are difficulties in Certainly this was heavily suggested deciding exactly how a register of in the conclusions of the Carnegie lobbyists would work. Should it report ‘Voicing the Public Interest’: include every lobbyist, from the “… both editors and regulators corporate-funded public relations should consider how to make professionals, through the plethora newspapers more open and of non-governmental organisations, transparent for their readers. This to local community action groups? might include newspapers disclosing Should there be different kinds of how the information contained in registration for different kinds of stories has been acquired wherever organisation? How does the system possible, without jeopardising ensure that personal matters that confidential sources. This ought to should remain personal don’t get include more openness about any exposed? The answers are not methods of surveillance employed, simple, but they must be found as well as when people have been because making all kinds of lobbying paid for information or for giving an as transparent as possible is interview. Many journalists do these essential to helping rebuild trust in things already, but should it become the use of information in a standard practice across the democracy. Then, just as MPs and industry, it would be a significant MSPs have to publish their income step in enhancing trust and and expenses, is there any reason accountability.”115 why major lobbyists should not? This may not be immediately The changes should not stop there. attractive to all journalists, and what information is made available to the Newspaper owners, TV bosses, public should be relevant and editors and journalists are also a pertinent. Recent debate between crucial part of the political process. contributors suggests the concept is Are there any good reasons why at least being discussed.116 they should not publish their diaries, their meetings, their emails, their The Guardian columnist, George interests, their expenses and their Monbiot, has been publishing his income? annual accounts since 2011,117 DEMOCRACY MAX A vision for a good Scottish democracy
inspiring a few others to follow suit in Scotland.118
The logic could be extended to others active in public life, such as business managers, voluntary organisations, campaigners, community leaders, academics, think tank pundits, bloggers and others.
Why shouldn’t the same rules of openness and honesty that apply to politicians, apply to all those who contribute to the political process?
More radically, why shouldn’t every citizen participating in a democracy be more open about what their interests are, what they do, what they earn and what taxes they pay? Publishing everyone’s tax return, for example, may seem in Scotland like an intrusion of privacy – but is it really? In Scandinavian countries, it’s the norm. 95
CASE STUDY: PUBLICLY AVAILABLE TAX DATA IN SCANDINAVIA119
orway has made tax data The Tax Justice Network explains: public since 1863, and three “The practice comes from times Nyears ago, the government when income tax was a discretionary put online the ‘skatteliste’ or tax list issue to be negotiated mainly on the that contains the amounts of taxes municipal level with local tax PAID by its citizens. A local authorities. To avoid abuses in such newspaper also publishes a site a discretionary system, all tax which contains a searchable payments were made public. Today database of taxpayers.120 The annual some consider that taxes in Finland list includes data about fishermen on are based on a strict tax code, and the western fjords, Sami reindeer the old rationale for combating herders in the north, city folk in Oslo arbitrary taxation is no longer and even members of the committee legitimate. However, arbitrary that awarded President Barack practices still exist as the tax Obama the Nobel Peace Prize. The planning industry is also present in finances of other famous Finland in coming up with ever more Norwegians, including actress and industrious schemes to avoid taxes. director Liv Ullmann, former The way to keep the integrity of a tax marathon champion Grete Waitz or system is to keep it public.”123 writer Jostein Gaarder, are also unveiled.121 In Sweden, tax returns have been public since 1903.124 Copies of the In Finland, the tax administration Taxation Calendar, which lists the publishes the tax list online, and earnings of those with middle to high searches on individuals are possible incomes, are printed and made for a minimal fee per search. The available to requesters. Copies of the practice has created a number of 2012 Tax Calendar can be purchased publications and services that buy online at a price of 254 Swedish and publish the data.122 News kroner. There’s one Tax Calendar for organizations publish the tax each county. information as well, including the public broadcasting company, YLE, In both Sweden and Finland there which lists the top income earners are demands for the information to and taxpayers in each municipality. be available free of charge. DEMOCRACY MAX A vision for a good Scottish democracy It’s not just about regulation, but about models of leadership within the country. DISCUSSION: FREEDOM OF INFORMATION
nderlying the arguments about than a little daunting for anyone not the future of the media and professionally involved. Sometimes Uthe lack of trust in information, people seem to think that there’s no is freedom of information. Thanks to point in making freedom of the Scottish Parliament, Scotland has information requests, because been blessed with one of the most agencies will just evade responding, progressive pieces of freedom of and it won’t be possible to get at the information legislation125 anywhere in truth. The blocking manoeuvres the world. It is founded on strong ritually used by some public bodies, principles of openness, robust tests including the Scottish government, for what is really in the public interest don’t help. Disturbingly, there is and a genuinely independent Scottish anecdotal evidence that Scottish Information Commissioner.126 So far ministers and their special advisors – ministers have resisted pressures to and possibly other agencies – are retrench by introducing charging or developing parallel forms of widening exemptions. communication aimed at avoiding freedom of information requests. This At the same time, though, there hasn’t can include failing to minute been much progress in extending the meetings, conducting more informal scope of the legislation to include meetings and increasingly relying on more public bodies, as was originally verbal agreements, private email intended. The way in which the accounts and personal mobiles. The legislation is used is also limited. Most idea is to put much less information people make freedom of information on the record to minimise the chances requests when they are angered or of being caught out. If this is upset by something that has happening, it dangerously happened in their communities, rather undermines freedom of information, than out of curiosity, duty or public deprives the public of their right to interest. Research suggests that know and threatens to degrade the voluntary organisations are under- historical record of our time. using freedom of information law,127 perhaps because it’s sometimes seen as confrontational. It can also be time-consuming, confusing and more You don’t need Freedom of Information law to be open, it’s as 97 much a cultural thing. The law should be a backstop.
SUGGESTION: There needs to be KNOWING ALL regulation at a national and international level Freedom of information ought to and there is a lot of evidence that it does be enhanced, improved and matter to voters. extended.
The legislation should be extended to cover as many bodies with public seen as belonging to the public, responsibilities as possible, so and made publically available. that all organisations who deliver Key to achieving this is ensuring people's public services, that agencies keep their records whoever they are and whatever in an organised, coherent and sector they are in, including for accessible way. example private contractors, do not escape scrutiny. Completely open data is the aim, though with the caveat that there There’s a case for simplifying the will always be the need for experts legislation, by consolidating the and mediators to interpret the data 2002 Freedom of Information to avoid drowning people under (Scotland) Act128 with the 2004 information. But we could go further. Environmental Information Why shouldn’t campaign groups, (Scotland) Regulations,129 a lobbyists, media organisations and division that has caused all private companies be subject to confusion. freedom of information law as well? Shouldn’t the law just be part of a There should be more support much wider change in information for members of the public practice and habit? In the end, the wanting to make freedom of aim is to foster a culture of complete information requests, more transparency and openness, to help training for individuals and transform a historically closed groups and more pressure on society into a modern, open society. public agencies to comply. That would be politically healthier, and could make a major contribution In principle, all the information to renewing and strengthening held by public bodies should be democracy in Scotland. DEMOCRACY MAX A vision for a good Scottish democracy
ENDNOTE
t’s a commonplace fact of life that if you keep something secret from Isomeone, it’s more often than not because you are uncomfortable about what you’re doing. You feel guilty or slightly ashamed, so opt not to tell. Life also teaches us that this course of action, however understandably human, is almost always doomed to disaster, unleashing far more problems in its wake that if you had been honest in the first place. What is true for individuals is true for groups – from small action committees, to major campaign organisations, to public agencies, to media organisations, to governments, to multinational mega- corporations. They would all do better to be more open, more transparent and more honest, and we would all benefit as a result. Secrecy is a cancer that eats away at democracy: it should be healed.
Rob Edwards Edinburgh, July 2013 99
HOW DO WE WRITE THE RULES – HOW DO WE GET THE CHECKS AND BALANCES OUR DEMOCRACY NEEDS? DEMOCRACY MAX A vision for a good Scottish democracy
PEOPLE’S GATHERING FINDINGS
iven the results of the living document. Equally strongly previous strands of expressed was a desire for decision Gdiscussion, under this making to be moved as close as heading the final phase of possible to those affected. This truly roundtables sought to discuss how local decision making would need to to effectively present these ideas be adequately funded. and feed them into a wider process of transformation. What sort of Delegates also expressed an interest process would you need to involve in introducing some form of citizen as many people as possible in led second chamber or national gaining wider views on and in people’s forum to debate and developing the ideas for a good scrutinise policy, possibly with the democracy? Which institutions power to block legislation. A variety would be necessary to produce that of models were discussed but the good democracy and how would they overall direction was towards some relate to the people? Do we codify form of improved accountability of such in a written constitution? And, politicians to the people, and a sense what process should we use to agree that citizen involvement in politics in on any codification or structures? this way would improve democracy.
The outcome aimed for would be an A WRITTEN understanding of what institutions CONSTITUTION: and processes that are necessary to arrive at and maintain a good A significant number of delegates Scottish democracy, what they look came to the People’s Gathering like, and how they relate to each believing a written constitution to be other to ensure ‘sovereignty of the an essential aspect of a good people.’ Scottish democracy. Whilst some aspects of such a constitution’s The overwhelming feeling of the content and process of production People’s Gathering was that were agreed, certain areas were Scotland’s democracy would benefit more contentious, including whether from a written constitution, although any constitution should include it was stressed that this must be a individual civic responsibilities as 101
well as rights, and how powerful the democratic. It was also felt that the constitution should be. constitution itself needs to reflect public participation, access, The overarching aim of the engagement and empowerment. constitution would be to present a vision for society. It was broadly Enthusiasm for a written agreed by delegates that the constitution was not unanimous. It constitution would define rights and was asked if there are ways of how we are governed, would make having a system without a written clear who makes what decisions, constitution, with the European would provide means of holding Union suggested as an example decision makers to account, would (although the EU is founded on enshrine the separation of powers, Treaties which are a similar written and would have the capacity to document). However it was change as society changes. acknowledged that a constitution in and of itself is not necessarily the As mentioned however, not all solution or the first step, but that the delegates agreed that values sought by supporters of a responsibilities should be included in constitution would arise out of the the document. There was some values identified through discussion as to whether a participatory discussion. complementary Bill of Rights would be appropriate or necessary, partly In 2030… as a means of codifying access to information. Scotland has a vigorous constitution based on Delegates were determined that any human rights and constitution should be developed equality, responsible through a participatory process global citizenship in our world representative of all people living in Scotland. They were keen that there should be a commitment to citizen discussion on the constitution and that the process of writing should be DEMOCRACY MAX A vision for a good Scottish democracy
A PARLIAMENT WITH idea of ‘democratic leave’ was also CHECKS AND BALANCES: considered as a means of facilitating participation. The overwhelming concept to arise in relation to parliamentary The strength of the second chamber structures was that of a second was discussed, with some delegates chamber. And there was a strong suggesting it should have the power desire to embrace quite radical to do more than just scrutinise policy reforms around how such a second and legislation, perhaps having the chamber might be conceived. ability to vet everything the Most notably there was strong government do, and to pass or block support for any second chamber legislation. being a community chamber. This ‘National People’s Forum’ would be Beyond the concept of a second made up of randomly selected chamber, some delegates discussed citizens who would serve a set term. a less formal deliberative process, Various recruitment methods were perhaps an open source plan for discussed, ranging from elections to achieving an equal Scotland, with an jury selection type methods, to annual open source 3 day weekend lotteries, perhaps at a constituency open to all. Others talked about level. monthly ‘town hall’ style debates open to all, and published. Aligned to A further suggestion was that this was the suggestion of national members of the chamber should be long term goals, owned by the recruited from elected town or people, which would outlast political community councils. This was terms. Overall there was a strong countered by other delegates sense that we should be working to wishing the chamber to be non- bring deliberative democracy political. Overall, the idea was that techniques into the mainstream. participating in the second chamber Delegates also considered the idea would be seen as a form of service of sub parliaments for interest to the community. Some delegates groups as we have seen with the proposed that participants would be Carers Parliament. A Scottish civil paid a stipend for serving, and the service was also proposed. 103
In 2030… More generally, local involvement was described as more power at the A second chamber is derived from elected local level, with decision making town & community moved as close as possible to those councillors who are paid that are affected. Smaller, more local a stipend and sit for set governance was seen as an ideal, terms with local decision making seen as the starting point. Some There are citizens’ delegates had precise committees in every ideas, for instance that the constituency to strengthen accountability, with the local decision making ability to propose legislation body should sit a level Citizens’ juries are and the right to recall part of the below the local council, legislative process should have a structure, a remit and a budget, and should represent no more than Each constituency has a lottery for a second 10,000 people. chamber with a fixed term Others were more open to this being of service a process rather than a defined end point, suggesting that we should re- assess the levels of government that REAL LOCALISM: we have and strengthen that at the local level, as part of an ongoing Perhaps the most consistently programme of devolution to areas expressed desire from delegates was within Scotland, whether to for more local democracy. For some community councils or to the most this was a question of appropriate level. This appropriate decentralisation versus national distribution of power and control unity, of devolution and the role of would, it was felt, encourage more the Scottish Parliament. For others it people to be involved, and would was a Swiss vision of a federal facilitate the growth in profile and Scotland with local areas holding power of community councils and mandatory referendums. other grassroots organisations. DEMOCRACY MAX A vision for a good Scottish democracy
A need to empower the grassroots operation between councillors and was expressed, with the suggestion MSPs was also sought. that local participation can come up with creative solutions. The current In 2030… review of local government was mentioned as an opportunity to We have really ‘local’ ensure an increase in restructuring local government and improve participatory democracy.
Decentralisation was discussed, with Local Governance that the Swiss system where everything allows people to affect is decentralised until it needs to be and have sway on local issues federalised held up as an example. This idea of decentralising power and financial control to communities included some reflections that we Local decision making will could redefine local communities in be seen as the starting a way which delivered point, with barriers removed for those who empowerment, giving them their own wish to participate budget, and seeking to avoid communities being affected by party politics.
Despite this strong interest in local democracy and decentralisation, the benefits of co-operation were not forgotten. Best practice sharing across and between levels of government was proposed, and the possibility of shared services across council boundaries was raised. And in perhaps the biggest challenge for our current elected members, co- 105
ROUNDTABLE REPORT DEMOCRACY MAX A vision for a good Scottish democracy
CONTENTS
ROUNDTABLE REPORT 107 HOW DO WE WRITE THE RULES ROUNDTABLE 107 DISCUSSION: WHERE ARE WE NOW? SURVEYING THE DEMOCRATIC LANDSCAPE 112 SUGGESTION: SURVEY THE CURRENT DEMOCRATIC LANDSCAPE IN SCOTLAND 118 DISCUSSION: GIVING VOICE TO THE CASE FOR CHANGE 120 SUGGESTION: WORKING TOGETHER TOWARDS SHARED DEMOCRATIC GOALS 122 DISCUSSION: A WRITTEN CONSTITUTION 124 SUGGESTION: A VIGOROUS GUARANTEE OF CONSTITUTIONAL RIGHTS REGARDLESS OF THE OUTCOME OF THE REFERENDUM 127 ENDNOTE FROM THE CHAIR 130 107
ROUNDTABLE REPORT
he People’s Gathering citizen involvement in our considered what was needed democratic processes. Tto involve as many people as possible in developing ideas for a In practice, issues around local good democracy. Which institutions democracy, the possibility of a would be necessary to produce that second chamber and more citizen- good democracy? How would they led involvement were addressed in relate to the people? Was a written some detail in the first phase of the constitution the way to build a roundtables. Partly due to this, relationship of trust between those phase 3 of the roundtables took institutions and the people? forward the work of the People’s Gathering by focusing less on In essence, what institutions and suggestions for long-term structural processes are necessary to deliver change, and more on immediate and maintain a good Scottish questions of process. How do we democracy? move debate on these issues into the mainstream? How do we reach The overwhelming feeling of the out to others involved in this work People’s Gathering was that and influence those in power? It also Scotland’s democracy would benefit considered the role of a written from a written constitution, although constitution in protecting and it was stressed that this must be a reinvigorating our democracy. living document. How Do We Write the Rules Equally strongly expressed was a Roundtable desire for truly local decision making. Delegates also expressed an How do we write the rules? How do interest in a citizen led second we get the checks and balances our chamber. democracy needs? These are the questions considered by the The overarching theme was the need participants in the third phase of the for improved accountability of roundtable sessions. In so doing, the politicians to the people and more roundtables were considering the DEMOCRACY MAX A vision for a good Scottish democracy
architecture of Scotland’s future Increasingly, it seems that the fact of democracy. democratic elections within our existing political structures is not To date, debate on the independence enough – that it needs to be referendum has focused almost underpinned by a new approach to exclusively on economics and power-sharing which is truly carving up powers currently participative and places faith in the delegated to Westminster. Wider people it seeks to serve. questions of the kind of democracy we want to live in are not being In Scotland, the question is how our addressed. Are politicians political institutions and structures sufficiently accountable in practice? can be reinvigorated, and how Why are voters increasingly opportunities for change presented disengaged from politics? What led by the referendum can be grasped. to scandals around expenses claims and lobbying, in Scotland and at How do we make our political Westminster? structures more participative?
These are not esoteric issues of How can changes following the interest only to ‘political anoraks’. referendum rebuild trust? They are the stuff of everyday conversation the length and breadth How can we increase confidence of the country. Addressing how this in our institutions? Is a written malaise has come about, and how it constitution one way to achieve can be tackled, is central to creating this? a good Scottish democracy. How can our institutions support When the relationship between aspirations to increase citizen politics and the people is strained, involvement? democracy is always the answer, but there is a sense that the traditional In considering how we write the model of liberal, representative rules, the People’s Gathering democracy is under stress and expressed a desire for greater local needs to respond. democracy and a citizen-led second 109
chamber. However, these issues structures might be re-imagined. were considered in some depth by the first roundtable. Our discussions The following is a summary of the therefore focused in large part on views of the roundtable participants how to harness the groundswell of as they reflected on the issues support for a wider debate on our raised at the People’s Gathering. We democracy and move these issues also include suggestions for into the mainstream. interventions and reform.130
Participants discussed: We have provided some case studies to help contextualise the discussion. The benefits of surveying the Additionally, examples of relevant democratic landscape to assess academic research, commentary and whether devolution has delivered analysis are printed in purple. a healthier democracy, and the potential to make better use of deliberative democratic techniques
How discussion on the vision for a future democracy can be pulled together to create a more visible and influential force
How the potential benefits of a written constitution can be discussed, articulated and delivered in a non-partisan way
The aim was to identify how Democracy Max could continue to work with others in widening the terms of the referendum debate and considering how our political DEMOCRACY MAX A vision for a good Scottish democracy
DIRECTOR’S INTRODUCTION
his is the fourth and final The founding principles of the report from the ERS Scotland Scottish Parliament are not well Tinquiry into what makes a known and have no legal standing, good Scottish democracy. The so carry little political weight. Yet, conversations have explored the perhaps they could be judged to be a need to capture some of the starting point for a codification of principles of a good democracy as how we expect to be governed. From written rules: A constitution of sorts, the outset the Democracy Max as well as mechanisms and inquiry has suggested that the institutions to ensure that we are Parliament has moved away from governed in line with those rules. It these principles and that they are is arguable whether specific becoming forgotten, if indeed they outcomes of government can or were ever known, by some of our should be defined in such a parliamentarians. Suggestions have fundamental way, but it seems been made on how to address this. certain that an expression of a Some sort of review of the shared set of values, beliefs, and Parliament’s operation in respect of possibly even hopes, that a nation or the founding principles would seem a state can unite around is a good timely, and certainly the ERS and thing. We would argue that such a others are keen to see how this document should not and need not might be done before the be contingent on a Yes vote in the referendum. It would also seem referendum. There are certainly proper to have an ongoing review other examples of regions, nations or process built into the very system as federal entities which are not part and parcel of the institution. organised as sovereign nation states The Citizens’ Assembly suggested by but have such constitutions.131 It the Sovereignty of the People should therefore be possible for roundtable could undertake such a Scotland to find a way to do this rolling review as part of its role. An whether or not the people choose alternative arising from this last independence in the 2014 roundtable is a system for choosing referendum. tribunes; a group of ordinary citizens 111
elected or more probably selected as a jury, to undertake a short This report was authored by Shelagh investigation into the operation of McKinlay, a freelance writer, who the Parliament against a set of also chaired the roundtable principles. sessions.
The cliché that government is about difficult choices is a cliché because it is so fundamentally true. Those choices are highly coloured with issues of power, status and potential failure. We all know that we cannot assume that our leaders will always act in our interests or in line with our collective principles. A free media and elections alone are not enough to ensure the primacy of the public interest. It is healthy that people are sceptical of the powerful. To act out- with the public interest whether by design or by neglect should always be made difficult and while people are rightly sceptical about their politicians, the more trust the people have in the checks and balances that Scottish society places on power the more comfortable and successful Scotland will be.
Willie Sullivan Director, ERS Scotland August 2013 DEMOCRACY MAX A vision for a good Scottish democracy
DISCUSSION: WHERE ARE WE NOW? SURVEYING THE DEMOCRATIC LANDSCAPE
he prospect of the The roundtable discussed the independence referendum in benefits of a progress review against T2014 naturally calls to mind the aspirations and principles born the lead up to the creation of the of this process. Scottish Parliament in 1999. The Constitutional Convention132 and The existence of the Scottish the Consultative Steering Group133 Parliament and the nature of the (CSG) were two leading institutions referendum debate have meant that in the debate about the need for, and no formal discussion space, similar character of, a Scottish Parliament to either the Convention or the CSG, and new Scottish democracy prior to is in place in the lead-up to the 1999. Their recommendations were referendum. There are good reasons not limited to the extent of delegated for this, but it is likely to have powers. They addressed contributed to the fact that the fundamental principles about how terms of the independence debate democracy in Scotland should be have so far been drawn narrowly – shaped and delivered – leading, for addressing economics and the example, to the creation of a new distribution of statutory powers, proportional voting system for rather than wider questions of Scotland. democratic accountability and power-sharing.
A review could be a bit of a can-opener, to get issues out there and start discussions would A mechanism for inevitably lead to getting those issues discussion of further points back on the agenda and there would probably be consensus around certain points that could be developed Constitutional change 113 has not in and of itself delivered... there’s a It is really frustrating whole other side about that the Parliament has deliberative and fallen back into participative traditional consultation democracy methods
There was a strong feeling that this acknowledges the contribution is a huge missed opportunity and which the Group's Reports have that citizens want future politics to made to the development of the be different, not just in terms of procedures of the Parliament, and where powers lie, but how those agrees that its operations should powers are exercised. embody the spirit of the CSG key principles." Participants agreed that it was important to take stock of the The first Presiding Officer, Sir David extent to which devolution has Steel MSP, continued to emphasise helped to deliver a re-energised, the importance of ensuring that the more accessible and Parliament's working practices participative democracy. should be informed at all times by the application of the principles. For The ethos of such a review example, in his Foreword to the would be to “keep and change” – Scottish Parliament Annual Report identifying strengths in the 2001,134 he stated that: current system but also highlighting the potential for "Our three main roles are to: positive change and areas of democratic deficit. pass laws;
It was proposed that the four keep check on the activities of principles identified by the CSG and the Scottish Executive; and adopted by the Parliament would be a useful way to frame such a review act as a forum for national of the democratic landscape. debate and for expressing the opinions of Scottish people. On 9th June 1999 the Scottish Parliament unanimously passed In carrying out these roles, we are motion S1M-39: "That the Parliament guided by our founding principles of: records its appreciation of the work of the Consultative Steering Group sharing power; on the Scottish Parliament; DEMOCRACY MAX A vision for a good Scottish democracy Here are the really good things you’ve been doing, keep these, and here are the things you could change
accountability; If we’re serious about learning and openness, accessibility and growing then that involvement; and reflection is necessary promoting equal opportunities."
His successor, George Reid MSP, also took the opportunity to Scotland in the work of its members reference the founding principles in and in the political process more his first annual report in 2004.135 In generally.”139 the 2006 report, Mr Reid stated: “We will continue to build on the It is perhaps surprising then that the progress we have made in the last Democracy Max inquiry has year to make the Scottish Parliament unearthed a feeling that the not only one of the most efficient Parliament has become increasingly and open legislatures in the world less open and accessible and more but to truly make it your Parliament, inward-looking. The omission of any the People’s Parliament.”136 In 2007, mention of the founding principles or he referenced a grassroots approach of participatory democracy in recent to politics, and promised to “work Annual Reports may be an indication together to build a participative of the Parliament departing from democracy fit for the 21st century.”137 those principles, albeit not This promise was echoed by Alex necessarily intentionally. Fergusson in his foreword to the 2008 Annual Report which A review could consider the extent described the Parliament as having to which the founding principles “made good progress in enhancing have been embedded in the work of our reputation as a modern, the Parliament, and indeed, if we participative democracy.”138 agree they remain valuable, in wider Scottish democracy. The 2011 Annual Report affirms that “A key part of the Parliament’s work Participants also felt that the role of is in seeking to engage the people of virtuous leadership as a tangible and 115 Local government is doing quite a bit of this and doing it well so there is learning out there
essential quality, not an idealistic concerns about how legitimate aspiration, should be examined and and workable deliberative promoted. With this in mind, the techniques may be. There is a values inscribed on the Parliament’s fear of failure – taking risks mace: wisdom, justice, compassion needs to be more acceptable. and integrity, could also form a core Those in positions of power part of the survey of democracy in should understand that there are Scotland. also benefits and opportunities – in addressing difficult decisions, Taking stock of the extent to which in understanding the needs and devolution has delivered a new desires of communities and in approach to democracy should also establishing trust, which is include whether deliberative essential to effective democratic techniques are being governance. used to their full potential.
Participants agreed that more widespread and creative use of deliberative processes was one of the fundamental challenges facing our democracy, and that a Using the referendum debate as a way of rolling case had to be made for their out these ethically legitimacy and effectiveness. facilitated deliberative techniques could be a Institutions are often risk averse useful way for citizens to and have genuine deliberate about the issues under discussion
Deliberative democratic methods are a complement to – not a replacement for – traditional representative democracy DEMOCRACY MAX A vision for a good Scottish democracy
CASE STUDIES – HOW HAS THE PARLIAMENT SOUGHT TO ENGAGE THE PUBLIC?
Outreach voluntary sector groups, civic associations, social enterprises and The most prominent of the current individuals, from across the Forth outreach initiatives in place at the Valley area, who are keen to learn Scottish Parliament is ‘Parliament more about their Parliament, and Day’. Beginning in late 2012, there how they can get their issues onto have now been three such events, in the parliamentary radar.”141 Hawick, Stornoway and Stirling. “The Parliament Day aims to take Additionally, the Parliament runs a the Parliament out of Edinburgh. It highly-regarded schools programme, allows people to see the Parliament with both in-house and outreach at work, be it ‘official’ Parliamentary activities. It also works in business, or on a less formal level. It conjunction with the Scottish Youth provides an opportunity for people Parliament to engage young people. to meet everyone involved with the Parliament: Members, the Presiding Committee sessions – Officer and the staff of the Public vs Private Parliament.”140 During the first session of the In May 2013, a Regional Parliament the Civic Forum initiated Communities Conference took place an Audit of Democratic Participation. in Stirling. The fifth such In the Audit Ben Young points out; conference, it was nonetheless the “Although there is a presumption in first held outside Holyrood. Like the favour of Parliamentary business earlier conferences hosted at being conducted in public, Standing Holyrood, the conference was Orders allow committees to meet in entitled “Understanding & private at their discretion.” Influencing Your Parliament”, and focused on examining practical ways to engage meaningfully with your Parliament and your MSPs. The Parliament website describes the event as “aimed at small, grassroots, community-based organisations, 117
Session Committee meetings Committee meetings in private in public 2011-2012142 25.5% 74.5% 2010-2011143 25.5% 74.5% 2009-2010144 27.1% 72.9% 2008-2009145 26.1% 73.9% 2007-2008146 24.1% 75.9% 2006-2007147 26.3% 73.7% 2005-2006148 20.1% 79.9% 2004-2005149 22.1% 77.9%
Analysis of Parliamentary Statistics Parliament could also be weighed shows a small increase in committee up. time spent in private between 2004- 05 and 2011-12. This is an issue which has come up during the Democracy Max inquiry and is just one element of Parliamentary practice that a review could consider – including why there is a perception that time spent in private is rapidly increasing when the statistics do not bear this out. The value of other developments in committee business such as increasing use of roundtables, the role of advisers, and visits and meetings outside the DEMOCRACY MAX A vision for a good Scottish democracy
SUGGESTION: SURVEY THE CURRENT DEMOCRATIC LANDSCAPE IN SCOTLAND
ow might a review be of members of the public using conducted? Participants deliberative techniques, or both, is a Hagreed it was important that matter for discussion. Methods and the Parliament be centrally involved techniques of participation and in any such review, but there was a citizen engagement were considered strong feeling that a deliberative in the Sovereignty of the People citizen-led exercise should be roundtable report. conducted in parallel. To have a better understanding of Participants were drawn to the idea where we want to go, it makes sense of re-visiting historical citizen to be clear about our starting point. involvement techniques wherein a In planning for Scotland’s future group of citizens selected by lot democracy therefore, we should conducted a periodic review of the assess the current health of our key work of the legislature. It was felt political structures and institutions. that there was scope to reinvent the concept, ensuring that it followed This is not a revolutionary idea. good practice for modern deliberative democratic processes. The wording of the early Annual Reports of the Scottish Parliament As mentioned above, whether any reflects a link with the founding review should be undertaken by the principles, and this is also clear from Parliament itself, as when the the legacy report of the first Procedures Committee undertook their inquiry, or by a group made up
It would be interesting to see common ground The idea of parallel between public and processes allows politicians and areas politicians in but of disagreement without allowing them to wreck it from the inside 119 Perhaps a citizens assembly convened every 7 years to review the progress of the Scottish Parliament These sort of ideas that flourished at the beginnings of modern democracy might be worth resurrecting session’s Procedures Committee. The 2003 report includes evidence taken by the Committee as they sought to investigate:
"Whether the key CSG principles as session, the Procedures Committee endorsed by the Parliament – was merged with the Standards and sharing power, accountability, Public Appointments Committee. accessibility and equal The Standards, Procedures and opportunities – are being Public Appointments Committee implemented in the Parliament, to again focussed on matters relating what extent and with what success." to the internal running of the Parliament, including Members’ Indeed the Committee report itself Interests and the report of the notes that one of the Consultative Calman Commission and the Steering Group’s recommendations subsequent Scotland Act 2012. This was that the Parliament should has also been the case in the current regularly measure its achievements session. against the principles, and the report concludes that the founding Our inquiry suggests the time may principles “should be known and be right to evaluate progress on all understood as the Parliament's four principles. principles, and that our successors on this Committee should review them on that basis.”150 Could we not have, In the second session of the every year, 100 people Parliament, the Procedures selected by lot as Committee focussed on reviewing Scottish Parliament internal procedures resulting in committee adjuncts several changes to Standing Orders. It did not attempt to review the Parliament’s principles. At the beginning of the third Parliamentary DEMOCRACY MAX A vision for a good Scottish democracy
DISCUSSION: GIVING VOICE TO THE CASE FOR CHANGE
o do justice to the ideas from Participants felt that a formal the People’s Gathering, discussion space akin to the Troundtable participants Constitutional Convention would recognised the need to effectively not be workable or appropriate in present the discussions and to feed the current political environment. them into a wider process of change. However, there was a need to bring together those If we are asking what kind of campaigning for change. This Scotland we want and how to get would minimise duplication of there, how do we capture the effort, maximise the impact of disparate voices? Is there a need for particular expertise and create a a collective campaign or movement more visible and influential to bring together different points of voice. view and expertise?
Participants discussed how best to give voice to the case for change and to involve more, and different, people in planning for Scotland’s There’s a lot of people post-referendum democracy. moving roughly in the same direction – is it best to join hands and all move together Pre-devolution all formal in the same direction or to discursive effort was focused on just keep calling to each the Constitutional Convention. other while we move in Analysis at the time was divided as slightly separate to the merits of the Convention. directions? Throughout its life, it was subject to differing interpretations and received accusations of partisanship and of the Convention being used as a Trojan horse for other reforms. It is only with the benefit of hindsight that we can judge the Convention as a success. 121
We have to have something ready to fill the vacuum the day The notion of a “movement”, after the referendum making progress “hand in hand” was attractive, encouraging different bodies and individuals with different expertise to complement each other and work to their strengths. Technological advances make flexible networks and the sharing We don’t need a of expertise much easier than it constitutional has been in the past. convention because it’s not just about the constitution, it’s about people’s vision for the future of Scotland Institution-making has DEMOCRACY MAX to go beyond the partisan. If you’re A vision for a good Scottish democracy building a state, you have to build a state for everyone SUGGESTION: WORKING TOGETHER TOWARDS SHARED DEMOCRATIC GOALS
here was strong agreement Group’s recommendations reflected that this must involve all the outcome of a broad movement Tviewpoints and not be partisan. for constitutional change in the It also needed a clearer “focus” than 1980s and 1990s.” currently existed. Participants supported the agreement of a shared Proposing specific policy solutions set of ideals (e.g. trust, engagement, to democratic deficits would be more subsidiarity) around which a difficult than in the run-up to 1999 “movement” could coalesce. when there was a single, clearly identifiable political “ask”, but it The Constitutional Convention had should still be possible to create a an uneasy first few years, including meaningful consensus. (The the SNP excluding themselves from experience of the Charter88 the process in 1989, becoming movement was noted as an example somewhat de-motivated after the of a campaign which sought to 1992 General Election and arguably change key aspects of the nation’s its focus was diverted to more political character.) grassroots organisations.
In December 1992, over 30,000 people marched in Edinburgh in support of constitutional change and presented the ‘Democracy Declaration’ on the occasion of the European Summit being held in the Whatever happens next Scottish capital. This success September, things aren’t going to be the same, reignited political party interest in whichever way it goes so 151 reform. It is important therefore to we have a responsibility to acknowledge the role of grassroots find a way to bring campaigners in persuading together different views politicians that reform was worth pursuing. Indeed, as Alice Brown points out in ‘Designing the Scottish Parliament’,152 “To a large extent the (Consultative Steering) 123
CASE STUDY – CHARTER88 Charter88 tried to bring the British state 300 years up to date harter88 was created by 348 to the standards of mainly liberal and social democracy at the end Cdemocratic British of the 20th century intellectuals and activists. They signed a letter to the New Statesman magazine as "a general expression of dissent" following the 1987 General Election triumph of the democracy and key institutions. Conservative Party. This was then Significantly these should be followed by further adverts in The relevant regardless of the outcome Guardian and The Independent of the referendum. This process newspapers, with over 5000 could be kicked off with a signatures and many donations conference which would help clarify before 1989. The 5000 names were key campaign goals. published in The Observer newspaper in January 1989 and based on the tremendous response the decision to create an on-going organization was taken.
The Original Charter of Charter88 was brief and to the point.153 It was explicitly concerned with institutional change, creating a list of demands on the government of the day.
The first step in such a process would be to map all the activity that is taking place at the moment in considering Scotland’s democratic future. There would then be an inclusive process to identify key principles about the character of our DEMOCRACY MAX A vision for a good Scottish democracy
DISCUSSION: A WRITTEN CONSTITUTION154
written constitution was one government, universities and even of the key issues discussed at the aristocracy have diminished, so Athe People’s Gathering. A Benjamin Constant’s paradox of the significant number of delegates saw weakness of strong government has a written constitution as an essential been proven. In weakening the aspect of a good Scottish power of the institutions which were democracy. However, this view was seen to guard against governmental not unanimous and some aspects of error, excess and corruption, any constitution’s content were very government has become distrusted contentious. by the people and has seen its authority in the eyes of the people As Elliot Bulmer states in ‘A Model eroded. Constitution for Scotland’, the current unwritten constitution of the Restoring faith in government UK “merely describes a practical therefore may well require somehow reality that is shaped, and can be creating, or re-creating, the moulded, by the will of the influence / power to hold incumbent authorities; each breach government to account held by becomes a new norm.”155 these countervailing forces. And a written constitution may go Bulmer goes on to argue “A written some way to achieving this. To again constitution is a necessary refer to Bulmer’s analysis; “Some consequence of the principle of third generation Constitutions ... saw popular sovereignty, since it is only the introduction of ancillary by establishing a superior mechanisms designed to control and constitutional law, enacted by the constrain parliamentary majorities. people and enforced by the courts, These mechanisms recognise the that Parliament and the Government fact that the Government’s political can be prevented from usurping responsibility to Parliament is not, in sovereignty and violating the itself, a sufficient guarantee of good people’s rights.” governance. When the Government is supported by a disciplined As countervailing forces such as majority in Parliament, additional trade unions, the churches, local checks and balances, from outside 125 As a nation we could unite around a set of values, write them down, and that could be a starting point
the parliamentary system, must consensus, making decisions that be developed in order to limit the may divide rather than unite. An abuse of power, prevent excessive example is Roe v Wade, which patronage, ensure the non- legalised abortion in the 1970s. manipulability of the law and Whatever your stance is on the guarantee accountability and abortion issue, that decision has to transparency.” (Our emphasis) this day resulted in divisive demonstrations and politics. The Of course, a constitution needs to be parties involved did not enforced. Brian Risman, Publisher compromise – they polarised. By and Founder of The Law Journal UK comparison, the Canadian Supreme and Consultant in International Law Court avoided making a political writes in his paper ‘Does a written decision on abortion by referring the constitution provide greater applicants to Parliament.” accountability and democracy?’: “A written constitution needs to be Arguably in introducing a written enforced. That enforcement comes constitution the power to make through the court system with difficult political decisions is moved interpretations being made most from elected politicians to unelected frequently by the highest court in judges. Furthermore, whatever the land. That judicial enforcement difficulties may be perceived in power has an interesting side accessing Parliament, effect – namely, that the politicians parliamentarians and Government, in Parliament will frequently avoid access to justice is often deciding controversial issues by prohibitively expensive, time- 'passing the buck' – stating that the consuming and complex. issue is a constitutional one for the courts to decide. The courts, on the The current Scottish Government is other hand, will frequently pass the committed to developing a written ball right back to Parliament, stating constitution after independence, that the issue is 'political' in nature.” should there be a “Yes” vote in the referendum. This is different from He continues with an illustration; the experience of many other states, “The Court does not rely on political where a draft constitution is DEMOCRACY MAX A vision for a good Scottish democracy
It’s still all a bit chicken and egg appended to the Bill I’m in favour of granting independence – a constitution if we get it right for instance, the Commonwealth of Australia Constitution Act 1900.156 This ‘Act to constitute the the process should ensure that the Commonwealth of Australia’ was sovereign people of Scotland can be passed by the UK Government, and centrally involved in designing and given Royal Assent by Queen determining a written constitution…”158 Victoria. It established the right of the Commonwealth to amend the Issues around the development of a constitution set out in the Act under written constitution are very certain terms. complex. Roundtable participants agreed that the question of what a The Scottish Government has stated constitution should address and its that they wish to seize the relationship with other important opportunity to put in place a modern institutions were not for them to written constitution that embodies consider in this forum. the values of the nation, secures the rights of citizens, provides a clear Rather they were concerned with the distinction between the state and process for the development of a the government of the day and constitution and the need to ensure guarantees a relationship of respect that discussion around the benefits and trust between the institutions of of a written constitution could be the nation and its people.”157 held in a non-partisan way.
The Scottish Government has also stated that the process of creating a written constitution “should be energising and include parties from across the political spectrum and, even more significantly, wider society. Most importantly however 127
SUGGESTION: A VIGOROUS GUARANTEE OF CONSTITUTIONAL RIGHTS REGARDLESS OF THE OUTCOME OF THE REFERENDUM
In this political environment, is any of this It would be great if possible? we could agree at least some of these things in advance of the referendum
We need to create a cross-party framework to make devolution work
lthough the Scottish The merits of a written constitution Government have given a have come to be identified with the Acommitment to develop a “Yes” campaign. Participants felt written constitution in an inclusive there was a clear need to decouple and participative way, there were the debate around constitutional concerns that beginning the process rights from the binary nature of the after a vote for independence could referendum campaign. mean that certain views had become entrenched. There was support for If there is a need to articulate better promoting a dialogue on the benefits a shared vision for our society and to of and process for developing a build trust between our institutions constitution prior to the referendum, and the people, surely this need will to ensure that a collective approach exist regardless of the outcome of fed through to any post- the referendum? independence discussion. DEMOCRACY MAX A vision for a good Scottish democracy
It is important that options for participants in the Democracy Max delivering the democratic benefits of inquiry, and some of the suggestions a written constitution in the event of made are akin to what Bulmer calls a “No” vote are explored. “a fourth generation of constitutional technology” wherein we might Could we, for example, embrace embrace “a rediscovery of innovative ways of holding decision mechanisms from ancient and makers to account and securing medieval republics, not least the use constitutional rights, rather than of random lot, rotation in office, and relying on Parliament or the courts? town-square democracy.” The idea of checks and balances coming from outside the For as long as humankind has parliamentary system is one which thought about power, democracy had substantial support from and citizenship, different democratic
If you set up a process that says whatever happens we will hold some sort of constitutional convention to sit down and discuss this, we’ll all get together - there are reasons for unionist parties to sign up to that as well as the nationalist parties in terms of proving that it isn’t just jam tomorrow, that there is actually something that will happen, there will be a debate about a new Scotland after the referendum, whatever happens 129
We could get backing for various things from a wide range of people, and then put them in front of politicians from both sides and ask: ‘what sort of party only wants to commit to these issues if they win the referendum’? A set of baseline objectives that would be agreed to whatever the outcome... then the question of a constitutional solution techniques have been utilised – becomes a separate issue some successfully, others less so. Whilst historically many were excluded from participating in these exercises, methods have altered as society has changed. We now have the opportunity to think about that the potential benefits of innovative, deliberative and constitutional rights within or inclusive techniques. without a written constitution can be discussed in a non-partisan way, There has been a good deal of especially to identify how they might political rhetoric from all parties be delivered in the event of a “No” about their desire to deliver a new vote. kind of politics. It was felt that a movement should capitalise on the From 21st century town meetings to commitment of political parties to citizen juries and beyond, our deliver this. After all, if all parties are Democracy Max inquiry has interested in “raising the democratic consistently found an appetite to bar”, why should that be dependent change the way we engage citizens, on the outcome of the referendum? to expand our notion of consultation, It should be possible to find common and to truly include people in the ground on a vision for a future decision making process. Scotland society which is not dependent on could not be at a more vital point in the referendum result. her history at which to embrace this challenge.159 In summary, there was a need to make an early case for a genuinely participative process and to ensure DEMOCRACY MAX A vision for a good Scottish democracy
ENDNOTE
t is popular to believe in the That is why it is important to take apathy of the voting public when the opportunity of the independence Iit comes to politics. It is popular to referendum to talk about a vision for believe that the man or woman in the Scotland’s democracy. To argue not street has no interest in deliberative just over whether power should lie in democratic techniques and the case Westminster or Holyrood, but how for a written constitution. And a vox Scotland can strike out and create pop conducted on those two issues, new ways of exercising power, in described in those terms, would partnership with its people. almost certainly bear those theories out. This third phase of the Democracy Max roundtables has been less But people are interested in power. concerned with long-term structural They know when they are denied it. change than the previous two. They know when decisions are taken Instead it attempts to identify ways not in their interests, but in the of reaching out and widening the interests of powerful lobby groups, scope of, and audience for, this or political parties themselves. They debate. Change will not happen of know when politicians act in bad its own accord. It is hoped that this faith. inquiry will be an important early step in challenging the political The clichés of, “They’re all as bad system to deliver on the high hopes each other”, or “They’re all in it for that voters still hold for democracy themselves”, may do our in Scotland. parliamentarians a disservice, but those sentiments exist because of a Shelagh McKinlay real and deep dissatisfaction with Edinburgh, August 2013 modern politics. It cannot be wished away as ignorance, or railing against authority for its own sake. Traditional representative democracy is faced with failing confidence, and without the people’s confidence it cannot function. 131
NEXT STEPS
emocracy Max has given us a wealth of ideas and insights Din how to improve Scottish Democracy. Whilst a wide range of individuals and organisations were involved in discovering these ideas, we know that in order to make the changes we now prescribe we must continue to test their validity and to broaden support for them. We will be choosing some of the specific suggestions and building campaigns around these but we also want to continue the conversation.
With that in mind we plan to bring all of those interested together in one place next year for a ‘Scottish Convention on Modern Democracy’. We will seek discussion, amendment and possible agreement around some suggested improvements including those suggested by Democracy Max. Then, in part as a tribute to the original Chartists and the ‘People’s Charter of 1838‘, and the subsequent Charter 88 group that called for the UK’s democracy to be modernised, we think it is time for a Scottish Charter of democratic reforms. It would seem appropriate that this be drafted and demanded in the year that Scotland votes on its constitutional future. DEMOCRACY MAX A vision for a good Scottish democracy
APPENDIX
Outstanding questions thinking a cause or a symptom of the crisis in democracy? How can Whilst the Democracy Max inquiry scrutiny of political decisions be has sought to consider possible improved? answers to the questions raised in discussions by the People’s How can politics be reformed to Gathering and roundtables, function in the modern age? What inevitably some questions remain systems could be introduced to unanswered, or open for further reconnect people with politics, and discussion: to allow politics to function for and with society rather than against or in THE SOVEREIGNTY OF parallel to it? THE PEOPLE Should a training programme for Mini-publics are one option for MSPs be re-introduced? alternative democratic structures that emerged. Should local Would more formal job descriptions authorities be encouraged to pilot for MSPs offer both a framework to mini-publics or some other guide the office holder and a means deliberative discussion group that for the public to understand the role could be democratically creative and and hold the office holder to experimental, for people to account? experience? Would the addition of ‘independent’ What if state party funding was voices free from party control determined by number of members improve accountability? and the role of the membership, or quality of internal party democracy. Is it time for an audit of the Scottish Parliament? How do we get creative and change the way we do politics? Legitimacy used to come from representative democracy – should Are under-scrutiny of legislation, we consider a new form of short termism, and lack of individual legitimacy? 133
Do the independence referendum DEFENDING OUR and the surrounding debate offer an DEMOCRACY opportunity for more radical reform as part of any post-referendum What can the experience of the Scotland? music industry teach the information business? Will the demand for good sources of information mean that fact-based reporting and commentary will persist, but its medium, form and format will change?
How can we fund fact-based journalism? Should readers fund journalists directly? Does the future lies with hyper-local news services, some of which have successfully tapped into local advertising, in contrast to national online services that haven’t fared so well?
Would existing, some might say devalued, brands, like The Scotsman, The Herald or The Sunday Herald, fare better trying to raise money, or would new brands, using new people and new principles, be more successful?
What might a new online model for news and comment in Scotland that would deserve public funding – and would work – look like? DEMOCRACY MAX A vision for a good Scottish democracy
Should a lobbying register include HOW DO WE WRITE THE every lobbyist, from the corporate- RULES funded public relations professionals, through the plethora Would there be benefit in a review of of non-governmental organisations, progress of the Scottish Parliament to local community action groups? against the aspirations and Should there be different kinds of principles borne of the registration for different kinds of Constitutional Convention and 1997 organisation? How does the system devolution process? ensure that personal matters that should remain personal don’t get If we are asking what kind of exposed? Scotland we want and how to get there, how do we capture the Are there any good reasons why disparate voices? Is there a need for newspaper owners, TV bosses, a collective campaign, or movement editors and journalists should not to bring together different points of publish their diaries, their meetings, view and expertise? their emails, their interests, their expenses and their income?
Why shouldn’t the same rules of openness and honesty that apply to politicians, apply to all those who contribute to the political process?
Why shouldn’t every citizen participating in a democracy be more open about what their interests are, what they do, what they earn and what taxes they pay? 135
REFERENCES
1. Hansard Society (2012), Audit of Political Engagement 9, The 2012 Report: Part One www.hansardsociety.org.uk http://www.hansardsociety.org.uk/blogs/parliament_and_government/archive/2012/04/27/audit-of-political-engagement-9-part- one.aspx 2. Over 200 people applied to take part and provided their age bracket, gender, occupation and postcode. From this, staff at the University of Edinburgh’s Institute of Governance ran the data to select as representative a sample as possible from the applicants. 129 were selected and two thirds of these attended on the day. 3. http://www.electoral-reform.org.uk/images/dynamicImages/PeoplesGatheringWEB.pdf 4. This report reflects the conversation and sharing of ideas at the roundtables, it does not represent the individual opinion of any of the participants, and their participation does not indicate endorsement of any of the contents. Neither does the content necessarily represent Electoral Reform Society policy. 5. The first meeting of the Scottish Constitutional Convention on 30 March 1989 adopted this declaration. It has since been re- affirmed by all parties elected to the 2011 Scottish Parliament except the Scottish Conservative party. At the meeting of the Scottish Parliament on 26th January 2012 the following motion was agreed to by division: That the Parliament acknowledges the sovereign right of the Scottish people to determine the form of government best suited to their needs and declares and pledges that in all its actions and deliberations their interests shall be paramount, and asserts the right of the Scottish people to make a clear, unambiguous and decisive choice on the future of Scotland. 6. These suggestions should not be taken as representative of the individual views of any of the participants, nor do they necessarily represent ERS policy. 7. Nancy Burns, Kay Lehman Schlozman, Sidney Verba. The Private Roots of Public Action: gender, equality, and political participation. Harvard University Press, 2009. 8. Ibid 9. Pattie, C.J. and Johnston, R.J. (2001). Losing the voters' trust: evaluations of the political system and voting at the 1997 British General Election. British Journal of Politics and International Relations, 3(2), 191-222. 10. Education does not cause Political Participation: Evidence from the 1970 British Cohort Study. Mikael Persson http://www.sociology.ox.ac.uk/documents/epop/papers/persson_epop_12.pdf 11. Social capital does not have a clear, undisputed meaning, for substantive and ideological reasons. Here we use the term in the sense of an internal linkage, as defined by Adler and Kwon (2002) as “the linkages among individuals and groups within the collectivity and specifically, in those features that give the collectivity cohesiveness and thereby facilitate the pursuit of collective goals.” Putnam’s (1995) definition is also relevant: “Features of social organization such as networks, norms and social trust that facilitate coordination and cooperation for mutual benefit.” The suggestion here is that where the community is more cohesive and works together, so does an individual’s sense of their own ability to affect change increase. 12. http://www.wheel.ie/sites/default/files/ActiveCitizenship%20Plans%20for%202008%20and%202009.pdf 13. Wilks-Heeg, S., Blick, A., and Crone, S. (2012) How Democratic is the UK? The 2012 Audit, Liverpool: Democratic Audit. www.democraticaudit.com 14. http://pathwaysthroughparticipation.org.uk/ 15. Pathways through participation: What creates and sustains active citizenship? http://pathwaysthroughparticipation.org.uk/resources/finalreport/ 16. Lawrence Le Duc & Joy H Pammett – Consistency or Selectivity (presented to EPOP 2012) 17. Text extracted from Meryl Kenny and Fiona Mackay (2012) 'Less male, pale and stale? Women and the 2012 Scottish Local Government Elections', Scottish Affairs, 80 (Summer) 18. The Private Roots of Public Action – Gender, Equality and Political Participation (Harvard University Press, 2009) 19. Gender and political participation, Research Report, April 2004 http://www.electoralcommission.org.uk/__data/assets/electoral_commission_pdf_file/0019/16129/Final_report_270404_12488- 9470__E__N__S__W__.pdf 20. In November 1997, the Secretary of State for Scotland set up the Consultative Steering Group on the Scottish Parliament (CSG), which met for the first time in January 1998. The CSG was chaired by Henry McLeish, the Scottish Office Minister for Devolution, and was composed of representatives of the main political parties in Scotland and of other civic groups and interests. The remit of the CSG was to report on the “operational needs and working methods” of the Parliament and to make proposals for its standing orders and rules of procedure. Its main report, Shaping Scotland’s Parliament, was published in January 1999. DEMOCRACY MAX A vision for a good Scottish democracy
21. Understanding the role of contextual influences on local health-care decision making: case study results from Ontario, Canada. Julia Abelson. Social Science and Medicine 53 (2001) 22. Citizen Participation in Decision Making: Is It Worth the Effort? Renee A. Irwin and John Stansbury. Public Administration Review. Jan/Feb 2004; 64, 1. 23. For instance: http://www.electoralcommission.org.uk/__data/assets/electoral_commission_pdf_file/0019/16129/Final_report_270404_12488- 9470__E__N__S__W__.pdf 24. Extracted from Oliver Escobar’s response to the Scottish Government’s Community Empowerment Bill consultation 25. For full details see Camille Dressler’s case study at http://www.caledonia.org.uk/socialland/eigg.htm 26. British Journal of Politics and International Relations, Vol. 3, No. 2, June 2001, pp. 191–222 27. http://www.jrrt.org.uk/publications/power-people-independent-inquiry-britains-democracy-full-report 28. Power Inquiry 2006, pg 249 29. Term Limits as a Response to Incumbency Advantage. Kong-Pin Chen, Emerson M.S. Niou. The Journal of Politics, Vol 67, No2, May 2005 30. In Spectrum: The Journal of State Government. Winter 2005. 31. Term Limits as a Response to Incumbency Advantage. Kong-Pin Chen, Emerson M.S. Niou. The Journal of Politics, Vol 67, No2, May 2005 32. Ibid 33. Political Reform and Elite Persistence: term Limits and Political Dynasties in the Phillippines. Pablo Querubin. Harvard Academy for International and Area Studies. October 2011. 34. Term Limits as a Response to Incumbency Advantage. Kong-Pin Chen, Emerson M.S. Niou. The Journal of Politics, Vol 67, No2, May 2005 35. Political Reform and Elite Persistence: term Limits and Political Dynasties in the Phillippines. Pablo Querubin. Harvard Academy for International and Area Studies. October 2011 36. John Gastil. By Popular Demand: Revitalising Representative Democracy Through Deliberative Elections. University of California Press. 2000 37. The Paradox of Term Limit Support, Carol S Weissert and Karen Halperin. Political Research Quarterly. Vol 60, No 3 (Sep 2007) 38. Claudio Ferraz & Frederico Finan, 2011. "Electoral Accountability and Corruption: Evidence from the Audits of Local Governments," American Economic Review, American Economic Association, vol. 101(4), pages 1274-1311, June. 39. Cato Institue Policy Anaylsis No.151: The Poison of Professional Politics. May 1991. Mark P Petracca 40. Report of the Consultative Steering Group, 1998 41. Ibid 42. http://www.peopleandparticipation.net/display/Methods/Citizens+Jury 43. http://www.parliament.uk/documents/commons/lib/research/briefings/snpc-04546.pdf 44. http://www.parliament.uk/documents/commons/lib/research/briefings/snpc-04482.pdf 45. Robert Hazell, Constitution Unit response to Cm 7170: The Governance of Britain July 2007, July 2007 46. http://yougov.co.uk/news/2012/11/12/growth-welfare-and-public-service-reform/ 47. http://www.scotland.gov.uk/Topics/People/engage/cer 48. Report published 2011: http://www.scottish.parliament.uk/parliamentarybusiness/CurrentCommittees/45516.aspx 49. Call for evidence issued 21 November 2012: http://www.scottish.parliament.uk/parliamentarybusiness/CurrentCommittees/56878.aspx 50. http://www.guardian.co.uk/world/2012/sep/10/participatory-democracy-in-porto-alegre 51. http://www.stjornlagarad.is/english/ 52. http://www.isleofeigg.net/ 53. These suggestions should not be taken as representative of the individual views of any of the participants, nor do they necessarily represent ERS policy. 54. Thomas Carlyle attributed the origin of the term Fourth Estate to Edmund Burke, who used it in a parliamentary debate in 1787 on the opening up of Press reporting of the House of Commons of Great Britain. “Burke said that there were three Estates in Parliament, but in the Reporters Gallery yonder, there sat a fourth Estate more important far than they all.” Thomas Carlyle, Heroes and Hero Worship in History, 1841 137
55. The 2010 Conservative Party Manifesto states: “because sunlight is the best disinfectant, we will bring the operation of government out into the open” Invitation to Join the Government of Britain, The Conservative Manifesto 2010, p69 http://conservativehome.blogs.com/files/conservative-manifesto-2010.pdf Prime Minister David Cameron has also used the phrase in speeches eg http://www.politics.co.uk/comment-analysis/2011/06/13/cameron-development-speech-in-full 56. http://www.prsformusic.com/aboutus/corporateresources/reportsandpublications/addinguptheindustry2011/Documents/- Economic%20Insight%2011%20Dec.pdf (Accessed 20/06/2013) 57. http://www.bpi.co.uk/media-centre/uk-album-sales-record-positive-growth-in-the-first-quarter-of-2013.aspx (Accessed 24/06/2013) 58. This report pre-dates the results of the RSE inquiry ‘Spreading the Benefits of Digital Participation’ which is due to publish in November 2013 and should add considerably to the debate in this area 59. http://www.everydaysexism.com/ 60. http://www.independent.co.uk/voices/comment/the-day-the-everyday-sexism-project-won--and-facebook-changed-its-image- 8636661.html 61. http://www.theyworkforyou.com/whall/?gid=2013-06-12a.94.5 62. http://www.scottish.parliament.uk/parliamentarybusiness/28862.aspx?r=8056&mode=html#iob_73237 63. http://www.huffingtonpost.com/2013/06/09/turkey-social-media-smartphones-occupy-gezi-protests_n_3411542.html 64. https://www.facebook.com/OccupyGezi 65. House of Commons, 1st November 1976, HC Deb 01 November 1976 vol 918 cc 976 http://hansard.millbanksystems.com/commons/1976/nov/01/conduct-of-members-1#S5CV0918P0_19761101_HOC_208 66. The Guardian. 10 June 2013. http://www.guardian.co.uk/world/2013/jun/10/nsa-spying-scandal-what-we-have-learned (Accessed 25.06.2013) 67. Internet Access and Use, EHRC, May 2010 http://www.equalityhumanrights.com/uploaded_files/triennial_review/triennial_review_internet_access.pdf 68. Jan Van Dijk and Kenneth Hacker, The Digital Divide as a Complex and Dynamic Phenomenon, The Information Society, 19: 315– 326, 2003 http://web.nmsu.edu/~comstudy/tis.pdf 69. BIS and DCMS (2009) Digital Britain – Final Report, June 2009 www.culture.gov.uk/images/.../digitalbritain-finalreport- jun09.pdf 70. Scotland Performs – Measuring and reporting national indicators http://www.scotland.gov.uk/About/Performance/scotPerforms/indicator/internet#Chart (Accessed 25.06.2013) 71. http://www.equalityhumanrights.com/uploaded_files/triennial_review/triennial_review_internet_access.pdf 72. Broadband Minded http://www.consumerfocus.org.uk/files/2010/10/Broadband-minded.pdf 73. http://www.equalityhumanrights.com/uploaded_files/triennial_review/triennial_review_internet_access.pdf 74. Jan Van Dijk and Kenneth Hacker, The Digital Divide as a Complex and Dynamic Phenomenon, The Information Society, 19: 315– 326, 2003 http://web.nmsu.edu/~comstudy/tis.pdf 75. Ibid 76. http://www.guardian.co.uk/commentisfree/2013/jul/16/data-journalism-fact-checking-australia 77. Robert W. McChesney, Digital Disconnect, The New Press, New York, 2013 78. Ibid 79. Ibid 80. http://www.shetnews.co.uk/ 81. http://caledonianmercury.com/ 82. http://urlm.co/www.caledonianmercury.com#visitors 83. PledgeMusic “helps artists and bands design a tailored fundraising campaign to raise money for their next release. As a pledger, you will gain access to exclusive content and experiences, available only through PledgeMusic. The options can be anything from DJing at your house party, to attending a rehearsal, or even a movie and dinner with the band!” http://www.pledgemusic.com/ 84. http://www.guardian.co.uk/media/media-blog/2013/jul/16/pledgemusic-direct-to-fan 85. http://www.indiegogo.com/projects/one-pound-for-wingsland?browse_v=new 86. http://wingsoverscotland.com/ 87. http://blog.decorrespondent.nl/post/46365101498/crowdfunding-record-for-quality-journalism 88. http://www.thebigroundtable.com/about/ DEMOCRACY MAX A vision for a good Scottish democracy
89. Robert W. McChesney, Digital Disconnect, The New Press, New York, 2013 90. http://thenewscommons.org/site/ 91. http://bellacaledonia.org.uk/2013/04/12/the-scottish-news-commons/ 92. Voicing the Public Interest, Carnegie UK Trust and DEMOS, 2012 http://www.carnegieuktrust.org.uk/getattachment/8f98195f- 4b95-4f0f-aa52-dd79cd3b5177/Voicing-the-Public-Interest.aspx 93. http://www.guardian.co.uk/media/2010/sep/03/news-of-the-world-phone-hacking-scandal 94. http://www.publications.parliament.uk/pa/cm201213/cmselect/cmcumeds/649/649.pdf 95. http://www.bbc.co.uk/news/uk-19946626 96. Decision 033/2005 – Paul Hutcheon, The Sunday Herald and the Scottish Parliamentary Corporate Body http://www.itspublicknowledge.info/applicationsanddecisions/Decisions/2005/200501974.aspx 97. http://www.legislation.gov.uk/ukpga/2000/36/contents 98. http://heatherbrooke.org/ 99. http://www.legislation.gov.uk/ukpga/2009/13/contents 100. HC Deb 20 May 2009 c1506 101. Independent Parliamentary Standards Authority. The payment of MP’s expenses, National Audit Office, 2011 http://www.official- documents.gov.uk/document/hc1012/hc12/1273/1273.pdf 102. MP’s expense claims – publication policy, IPSA, February 2012 http://www.parliamentarystandards.org.uk/publicationsdocs/IPSA%20Publication%20Policy.pdf 103. Audit of Political Engagement 7, Hansard Society, 2010 http://www.hansardsociety.org.uk/files/folders/2389/download.aspx 104. Scottish Government press release announcing their intention to introduce a Lobbying Bill http://www.scotland.gov.uk/News/Releases/2013/06/lobbying-transparency13062013 105. Raj Chari, John Hogan and Gary Murphy, Regulating Lobbying: a global comparison, Manchester University Press, 2010 And online here http://www.regulatelobbying.com/index.html 106. http://www.telegraph.co.uk/news/politics/conservative/10091179/Patrick-Mercer-MP-resigns-over-lobbying-scandal.html 107. http://www.scottish.parliament.uk/parliamentarybusiness/Bills/52990.aspx 108. http://europa.eu/transparency-register/ 109. Rescue the Register. How to make EU lobby transparency credible and reliable, ALTER-EU, June 2013 http://www.alter- eu.org/sites/default/files/documents/Rescue_the_Register_report_20June2013.pdf 110. http://www.theparliament.com/no_cache/latestnews/news-article/newsarticle/eu-lobby-register-fails-toincrease-transparency/ 111. http://lobbyingdisclosure.house.gov/ 112. http://www.senate.gov/legislative/Lobbying/Lobby_Disclosure_Act/TOC.htm 113. http://www.fec.gov/law/feca/s1legislation.pdf 114. http://thehill.com/business-a-lobbying/286159-kst-lobbyists-predict-a-big-rebound-in-2013 115. Voicing the Public Interest, Carnegie UK Trust and DEMOS, 2012 http://carnegieuktrust.org.uk/CMSPages/GetFile.aspx?guid=8f98195f-4b95-4f0f-aa52-dd79cd3b5177 116. http://www.guardian.co.uk/commentisfree/2013/jul/15/journalists-should-declare-vote and http://www.guardian.co.uk/media/greenslade/2013/jul/15/national-newspapers-australian-politics 117. http://www.monbiot.com/registry-of-interests/ 118. These include Andy Wightman http://www.andywightman.com/?page_id=1246, Alastair McIntosh http://www.alastairmcintosh.com/aft.htm, Rob Edwards http://robedwards.typepad.com/about.html and David Eyre http://www.davideyre.co.uk/drupal/node/43 119. For more on disclosing tax data see http://watchdog-watcher.com/2013/01/06/disclosing-tax-data/ and on tax justice from a Finnish viewpoint see http://taxjustice.blogspot.co.uk/ 120. http://skattelister.no/ 121. http://www.thestar.com/news/world/2009/10/22/norway_publishes_all_tax_returns_online.html 122. Including http://www.veroporssi.com/ which supplies tax information by email or text message 123. http://taxjustice.blogspot.co.uk/2009/07/paying-taxes-is-public-in-finland.html 124. http://www.taxeringskalender.com/ 125. Freedom of Information (Scotland) Act 2002 http://www.legislation.gov.uk/asp/2002/13/contents 126. http://www.itspublicknowledge.info/home/ScottishInformationCommissioner.aspx 139
127. Competing Imperatives? Assessing Freedom Of Information Uptake in the Third Sector in Scotland, Kate Spence, University of Strathclyde, September 2010 http://www.ncvo- vol.org.uk/sites/default/files/UploadedFiles/NCVO/Research/Research_Conference/Spence_0.pdf 128. http://www.legislation.gov.uk/asp/2002/13/contents 129. http://www.legislation.gov.uk/ssi/2004/520/contents/made 130. These suggestions should not be taken as representative of the individual views of any of the participants, nor do they necessarily represent ERS policy. 131. The Cook Islands is an interesting example. 132. The Scottish Constitutional Convention (SCC) was an association of Scottish political parties, churches and other civic groups that developed a framework for a Scottish devolution. The convention published its blueprint for devolution, Scotland's Parliament, Scotland's Right, on 30 November 1995. 133. In November 1997, the Secretary of State for Scotland set up the Consultative Steering Group on the Scottish Parliament (CSG), which met for the first time in January 1998. The CSG was chaired by Henry McLeish, the Scottish Office Minister for Devolution, and was composed of representatives of the main political parties in Scotland and of other civic groups and interests. The remit of the CSG was to report on the “operational needs and working methods” of the Parliament and to make proposals for its standing orders and rules of procedure. Its main report, Shaping Scotland’s Parliament, was published in January 1999. 134. http://archive.scottish.parliament.uk/corporate/AnualReports/SP_AnnualReports/SPAnnRep2001.pdf 135. http://archive.scottish.parliament.uk/corporate/AnualReports/SP_AnnualReports/SPAnnualReport2004.pdf 136. http://archive.scottish.parliament.uk/corporate/AnualReports/SP_AnnualReports/SPAnnualReport200506.pdf 137. http://archive.scottish.parliament.uk/corporate/AnualReports/SP_AnnualReports/SPAnnualReport07English.pdf 138. http://archive.scottish.parliament.uk/corporate/AnualReports/SP_AnnualReports/SPAnnualReport08English.pdf 139. http://www.scottish.parliament.uk/PublicInformationdocuments/AnnualReport2010-2011-Eng.pdf 140. http://scottish.parliament.uk/gettinginvolved/55307.aspx 141. http://www.scottish.parliament.uk/visitandlearn/30716.aspx 142. http://www.scottish.parliament.uk/SPStats/SPStats2011-12_web.pdf 143. http://www.scottish.parliament.uk/Annualreportsandaccounts/SP_Stats_2010to2011.pdf 144. http://www.scottish.parliament.uk/Annualreportsandaccounts/SP_Stats_200910v2.pdf 145. http://archive.scottish.parliament.uk/corporate/AnualReports/Stats_AnnualReports/SPStats2008-09v2.pdf 146. http://archive.scottish.parliament.uk/corporate/AnualReports/Stats_AnnualReports/SP_Stats_2007-08.pdf 147. http://archive.scottish.parliament.uk/corporate/AnualReports/Stats_AnnualReports/SP_Stats_2006-07.pdf 148. http://archive.scottish.parliament.uk/corporate/AnualReports/Stats_AnnualReports/SP-Stats2005-06v2.pdf 149. http://archive.scottish.parliament.uk/corporate/AnualReports/Stats_AnnualReports/SP-Stats2005v2.pdf 150. http://archive.scottish.parliament.uk/business/committees/historic/procedures/reports-03/prr03-03-vol01-01.htm#1 151. http://www.parliament.uk/business/publications/business-papers/commons/early-day-motions/edm-detail1/?session=1992- 93&edmnumber=1467&orderby=DateSigned&orderdirection=Desc 152. Designing the Scottish Parliament, Alice Brown, Parliamentary Affairs Vol 53, 2000 http://pa.oxfordjournals.org/content/53/3/542.extract# 153. http://www.unlockdemocracy.org.uk/pages/the-original-charter-88 154. We do not consider the arguments for and against a written constitution in any depth in this report as our primary concern is with achieving the democratic guarantees that a written constitution represents rather than necessarily supporting the introduction of a written constitution for Scotland. 155. W Elliot Bulmer, A Model Constitution for Scotland, Luath Press, 2011 156. http://www.legislation.gov.uk/ukpga/Vict/63-64/12/contents 157. Scotland’s Future: from the Referendum to Independence and a Written Constitution, Scottish Government, 2013 http://www.scotland.gov.uk/Publications/2013/02/8079 158. Ibid 159. The models and innovations mentioned here are but a few of many historical, academic and practical examples of deliberative and participative methods and theories including sortition, selection by random lot and others. Space demands we merely mention them here, but we commend those working in this field and look forward to future developments in Scotland. DEMOCRACY MAX A vision for a good Scottish democracy Additional research and case studies by Juliet Swann, Campaigns and Research Officer, ERS Scotland Design by www.triggerpress.co.uk ABOUT US
Democracy can always be made better.
With constitutional change high on the agenda, a referendum on independence to take place in 2014 and the technology available to really scrutinise those that seek and hold power, this is the right time for Scotland to take stock and consider its democratic future.
Scotland’s democracy has undergone significant change since the establishment of our parliament in 1999. There have been strides such as reform of local government elections and there have been ongoing improvements in openness, accessibility and transparency, but we still suffer many of the democratic deficits that affect the rest of the UK.
Our intention with this inquiry is to set out a vision of the ‘Good Scottish Democracy’. Democracy Max, if you will.