Sunday June 26, 2016 5:11 pm Leave a comment
My wife suggested I sign the petition. I thought about it. Then signed. Reluctantly. Why, given my recent posts and obvious disappointment with the result, the reservations?
The first point to make is that there is no intelligent argument to justify moving the goalposts after the game is over and that, if the Remain side had won by a similar margin and the Leavers had launched a similar attempt to overturn the result (as Farage threatened before the vote), they too would have been met with howls of derision. Hypocrisy isn’t restricted to the other side. That held me back for almost five seconds. Then I remembered that Politics has buggerall to do with Intelligent Argument whereas hypocrisy is it’s bread and butter.
My second objection, however, is the naïve wording of the petition. It demands “a rule that if the remain or leave vote is less than 60% based a turnout less than 75% there should be another referendum.”
This hints at what might be a reasonable principle – that for important decisions, nothing less than support from an absolute majority (of the electorate, not just the voters) should be required before anything changes – but still leaves the possibility that the decision could be carried by as little as 45% of the electorate (75% of 60%=45%) which isn’t, philosophically, any more defensible than what has actually happened (37.5% of the Electorate voted to leave).
It’s no surprise, of course, that the political class didn’t even consider the “true majority” question when framing the relevant Referendum law as, were they to concede such a principle for this issue, they might find themselves having to defend their own elections, which have NEVER achieved true majorities. Last year, for example, the present Tory Government achieved power with the support of less than a quarter of the Electorate. But so wedded are they to the need to be able to claim “mandates” on the basis of winning a corrupt electoral game with mediocre participation, that they are obliged to concede that, under similar “first past the post” rules, the Leave camp can now claim a mandate (50% bigger than their own) for our departure from the EU.
It’s not that they don’t understand the need for much more credible levels of democratic support. It’s just that they don’t think such restraints should apply to themselves. They should only apply to lesser mortals, like striking workers, whom the Tories would like to force to require a minimum 40% (electorate) support for any strike action.
In other words, shutting down London’s transport system or the Power Stations, or whatever, is regarded as so potentially disruptive that the workers should not be allowed to do it unless at least 40% of those entitled to vote support the call for (in)action. That, in my view, is actually a perfectly reasonable proposition and I have long been critical of my Trade Union friends for not treading the more democratic path.
But it is hypocrisy (or stupidity) on a truly gargantuan scale to suggest that shutting down the London Underground should require a democratic hurdle higher than shutting down the most important Political, Economic and Social Alliance in British history.
So that condition should have been part of the Referendum bill when it was enacted. And let’s just emphasise how little consideration was given to this aspect of the problem. There isn’t even a MINIMUM participation level specified in the Act. In other words, in principle, if just one person had bothered to turn up and cast their vote, that person could have, legally, at least, decided the referendum. And even that doesn’t plumb the depths of inanity in the legislation. Despite passing a law to enable the Referendum to take place, they deliberately excluded any obligation to obey the result.
Yes that’s right, it’s not even legally binding! (although they clearly don’t dare to hide behind that escape non-clause)
Now, you could argue that this was their backassed way of protecting themselves against the ludicrously low turnout scenario imagined above, but it’s not like they haven’t thought about such things. As you’ll read in that link, in 2011, when they held the referendum on the “Alternative Vote” proposal, it contained the explicit instruction for the Government to act on the result.
And it’s been interesting to hear how vociferously the Petition has already been rubbished by at least one member of the Leave campaign, Charles Walker, chairman of the Tory 1922 committee, who said on the “World this Weekend” (relevant snippet starts at 34 mins 20 seconds)
”That petition is not going to have any chance, whatsoever, no matter how many people sign it, of impacting the result that we heard about on Friday morning” [emphasis added]
As of 5 minutes ago that petition had gathered just over 3.2 million votes. This is already, by far, the largest ever response to an official Parliamentary Petition, since the scheme was set up a few years back, as a sop to make voters believe they can actually influence the political process WITHOUT something truly democratic like a referendum. If you sit and refresh the page a few times, you can actually see the total shooting up at the rate of between 50 and 100 signatures per second.
It’s not going to happen, of course, but just suppose that reached a total of 18 million votes in the next few days. On what intellectually coherent basis could any politician argue that it should not be heeded?
Indeed, that’s the basis on which I finally decided to sign it. I would love to see the bastards wriggle to get off that hook! So, if you’re a UK voter and would be similarly entertained by the sight of wriggling politicians, pop along to the petition and add to the pressure.
But the overall conclusion we must reach is that the whole debacle is merely another illustration of how tenuous is the public or political grasp of the true meaning of “Democracy”. Nothing since the Athenian model, has come close. The political class is fully aware of this and would rather like to keep it that way. Indeed, ironically, one of the biggest objections to edging back in the direction of true Democracy is the derogatory term “Tyranny of the Majority” – particularly in the USA, whose constitution was explicitly designed to AVOID Democracy in favour of Liberty (which they obviously perceived/perceive as natural enemies).
As the United States demonstrates better than most, the consequence of this historical and ongoing Patriarchal and Paternalist dictat, is that we all continue to suffer “Tyranny of the Minority”, which is exactly what Athenian Democracy was explicitly designed to avoid.