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Constitutional Development

Il Triangolo No

triangolo_akkuza

 

I. Stability is a partisan word

Third parties, third ways. An online poll conducted by the paper Illum showed, among other things, that 14% of respondents would vote for a new party since they have no more faith in either the PN or the PL. Talk about a possible third way being a panacea for our political representation problems has belatedly gathered momentum on the island. Muscat’s government is on rapid implosion mode while the general feeling is that the PN alternative would generate more of the same style of politics – one that is deeply enmeshed in corruption and deceit to the detriment of the citizen. Marlene Farrugia’s rumblings as a dissenting politician within parliament are much stronger and coherent than those we have heard until now during the last months of the Gonzi executive. Add to that the fact that scandal after scandal the tempo of public discontent does not seem to subside and a few “public personae” are prepared to throw their weight into the ring and you have the recipe of what is being touted as the panacea for all this evil feeling: a third party.

Regular readers if this blog may well recall that the “Third Way” solution has long been advocated over the whole stretch of our blogging history. Often the election of a third party’s representatives in parliament has been described here as “driving a wedge in the bipartisan hegemony”. I still believe that a third party (and fourth and fifth) can have positive effects on our political system. The problem however lies elsewhere since the third party is not a solution in itself but it is actually a possible result of the solution that is necessary in order to definitely improve the state of our politics and consequently the health of our nation.

What do I mean? Let’s take a look at the PLPN reaction to the very public rumblings of a possible third party. Their rare chorus of unanimous disapproval was to be expected. More parties in parliament would cause “instability” they claimed. Worse still they could not envisage having to share the burden of government with some coalition party – anathema.

The PN might be investing in the concept of good governance but the philosophy behind the driving forces of this rekindling of values stops short of contemplating an utter reform of our representative system that might not be two-party-centric. Of course we can have good governance they will tell you, but applied to our system of alternation – and not beyond. In other words the current set of rules should be good enough for Busuttil’s new party philosophy – we only have to ensure that the tenets of good governance are properly applied therein and all will be fine. I beg to differ.

II. Self-preservation is a natural instinct

Let us use a coding metaphor. The structure of our constitutional system has been built using a language that reasons in bi-partisan terms. A bi-party rationale is written directly into the building blocks of our political system – both legally and politically. Since 1964 the constitutional and electoral elements of our political system have been consolidated in such a manner as to only make sense when two parties are contemplated – one as government and one as the opposition.

We are wired to think of this as being a situation of normality. The two political parties are constructed around such a system – we have repeated this over the last ten years in this blog – and this results in the infamous “race to mediocrity” because standards are progressively lowered when all you have to do is simply be more attractive than the alternative. The effect of this system is an erosion of what political parties is all about.

The political parties operating within this system are destined to become intellectually lazy and a vacuum of value. The intricate structure of networks and dependencies required to sustain the system negates any possibility of objective creation of value-driven politics with the latter being replaced by interest-driven mechanisms gravitating around the alternating power structure. Within the parties armies of clone “politicians” are generated repeating the same nonsense that originates at the party source. Meaningless drivel replaces debate and this is endorsed by party faithfuls with a superficial nod towards “issues”.

The whole structure is geared for parties to operate that way. Once in parliament the constitutional division of labour comes into play – posts are filled according to party requirements and even the most independent of authorities is tainted by this power struggle of sorts. Muscat’s team promised Meritocracy and we all saw what that resulted in once the votes were counted. In a way it was inevitable that this would happen because many promises needed to be fulfilled – promises that are a direct result of how the system works. With all the goodwill in the world Busuttil’s team promising Good Governance will be placed in the same position with the same rules as Muscat’s and Gonzi’s before them.

The point is that the system needs to be rebooted. Even a third party elected under these parameters would do little to shake the system at its foundations. What needs to be targeted are the laws and structures that have developed into an intricate network of power-mongering and twisted all sense of representative politics. A third party might be the result of that change of system but what is needed right now is that one (or both) of the two parties enjoying the uncanny and undemocratic advantages of their home-made rules is forced to accepting a program of constitutional change.

III – Restoring the supremacy of parliament

Malta’s constitution owes much to the concept of parliamentary sovereignty. Constitutionally political parties did not count for much. When forming a government the Head of State was invited to choose from among the members of parliament that member who enjoyed the support of the majority of members elected. No mention of parties. It is only through a series of shenanigans and legal changes to electoral laws that the parties became the be-all and end-all of the electoral process. Laws were changed to ensure majorities, seats in parliament and quotas – all in relation to the bi-partisan system. It led us to the infamous wasted vote.

The problem was not so much the theoretical guarantee of stability afforded by a bi-partisan system. No, the problem lay in how the guarantees afforded by alternation gradually became a threat to the “political” nature of the parties themselves. Instead they were replaced by careerist powermongers eager to climb up the ladder of our home-grown system of power-broking: from candidate to backbench MP to Secretary to Minister. Fiefdoms developed and by taking advantage of a system that guaranteed their presence on authorities, boards and watchdogs the constitution would play second-fiddle to the needs of the party in power while the opposition barked and whinged waiting their turn for a piece of the action.

How does this change? it changes by changing the whole system starting from its building blocks. Parliament has to be strengthened and revalued as the supreme guardian of constitutional representation. The new system should ensure that politicians elected to parliament fulfil their role of representatives of the people by acting as proper legislators and competent watchdogs on the operation of the executive that must remain subservient to their will. In order to obtain this we must wean parliamentarians away from the ladder of power as currently perceived while strengthening their role and function.

I have already put forward the four points that should be the groundwork for such a reform:

  1. The removal of districts from national elections.
  2. The introduction of party lists elected on the basis of proportional representation into parliament (with a minimum threshold of between 5% and 7%).
  3. The introduction of technical ministries with ministers chosen from outside parliament but accountable to parliament.
  4. (A corollary of 3) MP’s who become ministers should resign their place in parliament.

As I said in an earlier post this would remove the idea of careerist politicians. By clearly differentiating between the roles of the executive and the legislative/representative aspects we would ensure that parties are rewired to become effective in both. A technical executive with a proper plan and project will be one side of the coin while a strong representative body acting on behalf of the people monitoring and endorsing the work of the executive would be the other. Such parliaments could afford to have a hundred Marlene Farrugia’s who do not bow to a party whip for the party’s sake but use their vote in the best interests of those who elected them to parliament.

Conclusion

Electing a third party for the sake of electing a third party and simply out of spite to the two main parties is not a solution as things stand. This blog would advocate for stronger pressure on the party that is most willing to take up this programme of groundbreaking constitutional reform with the express understanding that should it get elected this would be its top priority. That mandate would end once the reform is achieved and new elections based on the new parameters would be held. What Malta needs is a Reform Movement that picks on the current momentum that is not endemic to Malta. What it certainly does not need is more parties playing from the same score as we have till now.

Categories
Campaign 2013

Dogs of War (DeLorean Unveiled)

They say that a week is a long time in politics. In that case twenty years must seem like an eternity. Churchill is often attributed the quote “Show me a young Conservative and I’ll show you someone with no heart, show me an old Liberal and I’ll show you someone with no brains.” Time and experience changes people. Under normal circumstances and outside the partisan fog of war it is considered normal to weigh your options every time an election comes around. Of course your own political preferences and outlook might give you an automatic preference towards one party or another but there is no shame in changing.

It’s not change for change’s sake that I am talking about though. That’s plain stupid. Sadly many voters will be voting for change for change’s sake next Saturday and, yes, I do think that it is plain stupid to do so. What I am referring to is the possibility of having evolving politics and ideas, of having the opportunity to compare parties who in turn have evolved their ideas and projects. That is important for a healthy representative democracy. That voters get to choose between parties healthily vying for their trust by proposing good plans for the nation, its citizens, their rights – that is healthy.

For a long time this blog has advocated the idea that our bipartisan system is geared to becoming a race to the bottom. It is a race to mediocrity that promotes populism, contradictory promises to everyone and everything and – because of the inevitable entrenchment of a political elite – it weaves an intricate web of inter-dependent interests that are conducive to corruption. In short the PLPN method sanctioned and strengthened by the constitutional amendments that kicked off with a Government White Paper in 1990 is wrought in such a way as to kill off (or greatly minimise) any terzo incomodo and strengthen the stranglehold of the bipartisan duality.

The combination of a series of amendments since 1987 (1987, 1996, 2007) to the sections of the constitution has continued to strengthen the PL and PN positions to the detriment of a possible third party. This has been one of the main criticisms directed from this blog – particularly at the phenomenon called “The Wasted Vote” that ends up killing all hope for potential third party voters on the eve of elections. It’s simple really – the PL or PN spinmasters wait till the last moment and then shoot the “you’re wasting your vote” argument : from Austin Bencini’s traditional “constitutional” article to Daphne Caruana Galizia’s “setting yourselves up as objects of hate”. It’s the death knell for AD.

Back in 1991 when the proposed amendments were still under discussion we had one particular columnist who got rather hot under the collar about these changes. In an impeccably written article the columnist presciently summarised all that was wrong with the system and even managed to predict one of the inherent dangers of the system. I copied out the second half of the article yesterday as a guest post under the name DeLorean (smart geeks among you will have recognised the car from Back to the Future). You can see the full article here in “Voting like it’s 1992” – actually it’s the second half of the original article, the first half was full of not so kind descriptions of Austin Gatt and Eddie Fenech Adami.

The whole philosophy of the importance of electing a third party to government is encapsulated in the second half of this article under the subtitle “The Argument”. Gems of thought such as the importance of representation over and above governability leap at you conspicuously. The article includes a prescient worry:

What if we find ourselves, in 20 years’ time with the choice of two absolutely disreputable political parties? What if the Nationalist Party disintegrates into the kind of sagging, soggy, useless mess of the Sixties… a heap that gave rise to the joke “Tgħajjatx għax tqajjem il-gvern!”? What is a traditionally Nationalist supporter supposed to do… vote for the Labour Party, vote for a mess, or not vote at all?

20 years from 1991 … that’s just two years off the mark, yet it is still so very tangibly relevant. The complaint by the author is clear – are we to end up with a Hobson’s Choice? A gun against our head? Are we to end up being blackmailed with the haunting idea of the “wasted vote”? A Daniel I say, a Daniel.

Most intriguingly one of the most telling paragraphs remains the following – and this mainly because of the author’s subsequent metamorphosis and absorption into part of the Leviathan that is so aptly described:

Third parties cannot be created out of nothing. They must grow, and their growth must be spawned by a real need within the people. Even if this need exists – and there is no doubt at all, it does – all growth will be warped by Malta’s all-pervasive fear and ignorance, which has effects similar to that of radiation on a growing foetus. Through this fear and ignorance, the Nationalist Party and the Labour Party survive, thrive and continue to grow.

Fear and ignorance. We were so close weren’t we? Fear and loathing we described it, plus an incredible propensity to abuse of ignorance. 20 years down the line and we have observed a campaign imbued with fear and thriving on ignorance and misinformation. Half truths are mixed with political assassination of the cruellest kind and yet even when you work out your sums and eliminate the two possibilities – the two podgy kids on the see-saw – you find out that your remaining hope has been nipped in the bud. Yep. the wasted vote argument. Not only that. The moment you boldly announce that you are determined to be represented because governance is not the be all and end all, because representation is just as important – that is when the dogs of war are unleashed.

Which is where the sweet irony hits home. Yes. It is time to reveal who DeLorean, writing with so much passion against the death knell that was writ into our constitution two decades ago is. Well it is none less than Daphne Caruana Galizia – the passionate put-downer of the third party, currently engaged in a character assassination of Michael Briguglio (last time round it was Dirty Harry) through a mixture of half-truths and the usual dose of “wasted vote stupids”.

As I said in the beginning, there is nothing wrong with change in a person. Daphne has already commented on this article this week : “Probably filed with the article describing Eddie Fenech Adami as a villager lawyer in a folder called ‘Mistakes I made at 25’. There are a lot of them. Fortunately, I had the good sense not to persist in error.” (it was actually the same article but she has to feign that it is not important so she would not remember would she). Probably the folder of “Mistakes I made at 45” includes backing JPO to the hilt in the 2008 election and actually voting him number 1.

People change. Daphne has every right to change her opinion about what makes the country tick. It makes you wonder what the motivation of this change is though. From a passionate advocate for third party systems to a staunch defender of the PLPN dichotomy.  I do hope this is not considered “calling names by the AD crowd”. It is sad though to see the transition from what was evidently a motivated young liberal to a dog of war baying for Briguglio’s head – and why? Because voting Ad will get you Labour according to Daphne. But Daphne…

Alternattiva is not the crux of the problem. The hypothetical small party is. Many people might disapprove of Alternattiva, but they should not be so shortsighted as to assume that they will disapprove of any other political party that might grow out of unrest and discontent over the next two or three generations. We must be unselfish enough to think beyond the next two or three generations. We must be honest enough to admit that we do not want our children to live their adult lives as we are now living ours. We must stop thinking in terms of our immediate future, because many of us will live for a great deal longer than that, ….

Unselfish. Honest. At what point did those kind of values stop being important, I wonder. Still, I found a good maxim in that article, it fits my philosophy perfectly, and it seems of many others:

Governability is not the Holy Grail, and we should not allow the government to sell it to us as such.

And we won’t Daphne. We won’t.

 

 

Categories
Campaign 2013

A time for lemons

This morning’s Sunday paper sequence had a not too comfy surprise in store for the blue side of this election campaign. As the mass meeting attending acolytes packed their flags and horns for the second of their electoral xalati we read in MaltaToday about yet another scandal exploding in GonziPN’s face. A bloke who goes by the name of Frank Sammut and who has up until now enjoyed the veil of anonimity is at the centre of this scandal. Apparently while sitting on some board that is entrusted with the procurement of oil for our greater benefits (and with the wherewithal to purchase such oil – to the tune of 360 million euros annually), Sammut also allegedly acted as “consultant” to one of the oil companies, pocketing loadsamoney in the process.

Smashing isn’t it? Here we were again with yet another Silvio Zammit sounding story. Maltese “businessmen” who do what they do best when linked with political masters. In this case Sammut is an appointee – a nationalist government appointee. If the “hard proof” that Saviour Balzan is crowing about right now is real then shit has really hit the proverbial fan and I don’t think that the PN machine will pull off another JPO spin to cover up Sammut.

Let’s leave that story and its facts unfold for now. We cannot do much at the moment except take note. I am sure that Monday will bring much more information. Meanwhile we now have an even bigger quandary when it comes to the election and more particularly the energy sector.

On the one hand you have Labour and Konrad Mizzi’s “plans” that look like they leak unpreparedness from whichever point you look. This blog need not apologise when it reaches the conclusion that Mizzi and Labour do not seem to have their act together and are not able to cough up enough guarantees that their plan works.

On the other hand you have PN who can be all smiles and expert when it comes to shooting down Labour’s plans but who are a huge fail when it comes to managing their very own personnel. Most importantly it becomes increasingly harder for the nationalist party to sell their pitch that they operate in the interests of the nation and not in the interests of many groups of many men with an interest in having their part of the pie. And insofar as this particular point is concerned it is of no consolation that should Labour be elected there would still be pie sharing but by different people.

So there you have it. The clueless vs the corrupt. Which brings me to the little party with the big manifesto. It’s a long long read. I still haven’t digested it all and there are quite a few points I definitely disagree with (here’s two: I’m not for any glorification of the president and his powers nor am I for any political party wishing to interfere in how student unions are run) but hey alternattiva have a concrete set of proposals.

The way I see it when it comes to economy and energy AD have concrete ideas. Better still the ideas are based on principles such as taxing progressively, a social conscience and studying solutions based on renewable, clean energy. It’s all there waiting to be put into action or at worst to be copied by the empty vessel parties in five or ten years time. The media will try to minimise AD’s contribution to the usual shocking positions on drugs and LGBT rights.

The truth is that there has never been a moment more than today, more than now, when the role of a third party – possibly as a minor partner in a coalition government – could be crucial to returning any semblance of sanity and direction to our political system. Now, more than ever, should the intelligent beings who do not flock blindly to mass meetings or cheer their leaders at “debates” on Xarabank really be investing their vote in the third party.

Electoral Manifesto (Alternattiva Demokratika)

Categories
Politics

Hang On – UK election unfolds

It’s the last day before voting day and the three main parties in the UK have unleashed their last attempts to lure voters to their fold. Or should it be to scare voters away from their opponents’ fold? The Fear Factor, redolent of the Top Trumps Horror Series, has become a major player in this election that could have seismic consequences on the British electoral system.

Here, for example, is the Daily Mail’s toon – moved to the front page today for extra punch. MAC (the cartoonist) depicts the obvious choice for anyone toying between the (LibDem friendly) hung parliament and what the Tories would see as an alternative: strong government.

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Mac on the Mail

In it’s front page article the Mail is ruthless on those “wrong-headed” individuals toying with the idea of a hung-parliament. And the usual suspect arguments are out – shot at the crowd with wanton abandonment.

The Mail cannot stress too strongly how wrong-headed and dangerous it believes this view is. Whoever wins the election, Britain will desperately need bold, decisive government if we’re to avoid the nightmare into which Greece has been plunged. A hung parliament, with the probability of a coalition or pact, will result in a weak administration, dependent on back-room deals and shabby compromises.

Now now. A bold, decisive government like Mr Brown’s (and Blair’s before it did preside over the initial tsunami of banking and financial chaos but this is not the time to remind the giddy electors is it?

Labour has used the Blair trump to “shake some sense” into the “hung parliament voter”.  In what sounds like a more sensible approach Blair admonished Labour voters who thought of voting tactically (LibDem) to keep the Tories out. The Guardian reports Blair shooting down the LibDems :

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Tony Blair: Fear Factor '97

The Telegraph pulled out all sorts of rabbits out of its hat. The YouGov poll showing LibDems down to 24% and a surge for Labour to 30% provides the background to a number of anti-hung parliament possibilities. There’s the possible deal with Northern Ireland’s Unionists (better the coalition partner you can chew), or (sit down before you read this) Simon Cowell‘s backing Cameron as “the prime minister Britain needs at this time”. They did say that the TV debates had an X Factor feel about them but hey… Simon Cowell??

If the backing of multi-millionaire Cowell would not dissuade Tory voters from voting LibDem then you had the good old guilt by affinity – remember the “zokk u fergha“? “Clegg styles himself as successor to Blair” – it doesn’t get any scarier for a down and out Tory does it?

For an interesting take on the world outside “tribal pulls” read the Times’ resident genius Finkelstein. Unlike most Brits he never felt the tribal pull so he does not find it difficult to opt for Cameron this time round:

So, annoyingly, this election will be determined by people fighting a tribal urge that I’ve never felt and can’t completely relate to. The best I can offer is this: once I considered myself on the centre Left, and I don’t any more. And once I, too, had “never voted Tory”, but in the end I didn’t find it very difficult at all.

Then there’s Rachel Sylvester (Off with their heads! Soon the cuts will begin) who has identified a bit of the “trash and destroy” in the UK campaign too:

They would like us to think that their inspiration is Barack Obama’s The Audacity of Hope. But in fact, as the country prepares to go to the polls, the political parties seem to have been more influenced by Hunter S. Thompson’s Fear and Loathing on the Campaign Trail.

Gordon Brown yesterday described the Tory manifesto as a “horror show”. Labour’s recent election broadcast featured a tax inspector with a clipboard going, like the Grim Reaper, from house to house telling families which tax credits and cancer treatments they will lose if David Cameron wins on May 6. It was scare mongering of the worst kind.

The Conservatives, meanwhile, are trying to terrify the electorate about the prospect of a hung Parliament with posters featuring a noose. To me the subliminal message was “Vote Tory, get hung”, an eccentric strategy for a party trying to shed a “nasty” image caused in part by rightwingers’ support for capital punishment. Their other most memorable image was a pair of bovver boots.

Nick Clegg is picking up support because he looks like a different kind of politician, one who does not engage in the petty squabbling and negative campaigning of the “two old parties”. But my local Liberal Democrat candidate has just delivered a leaflet that has only one message, printed in huge capital letters across it: “I don’t trust politicians either.” From a man who is himself trying to become an MP, it looks less like a new politics than the same old dirty tricks.

I just love Sylvester’s conclusion. The dilemma is very much alive in the UK as it will be in Malta come next election:

Like Alice’s Adventures in Wonderland, this campaign has got curiouser and curiouser. With Nick Clegg going from Churchill to a Nazi in less than a week, Gordon Brown meeting an Elvis impersonator and David Cameron pulling the head off a chicken, there has been something surreal to the whole thing — and not just in spin alley. The election itself will be a bit like the Queen of Hearts’ declaration: “Sentence first — verdict afterwards!” But will the voters also soon shout: “Off with their heads”?

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Hang or Behead - Fear Factor Unknown

addendum:

Back in 2008 when the attacks on the “Wasted Voters” were akin to the carpet bombing of Dresden on a bad day I had written an open letter on J’accuse (Daphne’s Invigilators) in answer to their attacks. That it is still very relevant two years on says much about how far we are advancing locally.

Guardian Special: General Election 2010 press coverage the day before

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