When people talk about "providing a voice to future generations"
the first thing I think of is the anti-choice lobby. Obviously this report
from a Green think tank isn't that, but it's still more than a
little bizarre.
And yes, I know, one doesn't have think tanks for the purpose of
coming up with workable or sensible ideas, but I was hoping for better
from the Green Party, as the closest we have in England to an
electable left wing party, than to be encouraging this sort of
thing.
If it had been some think tank for Labour or the Conservatives I'd
probably just have laughed and ignored it: it's more disappointing
when associated with a party I might want to vote for someday.
The basic idea is that there would be a panel of people forming a
"third chamber" of the legislature, who...
[...] would have a power of
veto over legislation that were likely to
have substantial negative effects for
society in the future, the right to
review major administrative decisions
which substantially affected future
people and the power to initiate
legislation to preserve the basic needs
and interests of future people.
Right. Now, okay, there is a very definite conflict between the
incentive to mainly act and plan for short-term successes that
elective democracies have, and the need to make longer-term plans to
have a sustainable society. Certainly, this is going to be a problem
with pretty much any political system in which the faction "in charge"
can change over a shorter timescale than that needed for long-term
planning. (Of course, a political system in which the faction in
charge can't change over short timescales has its own severe
problems)
The proposed solution claims to address a weakness that despite
democratic reforms, no present democracy considers the needs of future
voters. So, this panel would guess what their needs might be and force
legislation to be made accordingly.
Decision 1: road maintenance budgets should be
cut. People in the future will all have flying cars.
How do we know that something will be a problem in the future? In
general, we don't. A big hint is "is it a problem today". But if it's
a problem today, then a system of government that did an adequate job
of representing all currently-existing people would deal with it
anyway.
Even assuming the panel have perfect access to and interpretation
of all current human knowledge, their decisions are going to be based
on "best guesses" about the future. Those guesses are going to be
wrong at least as often than not.
And since the purpose of all legislation is its effect in the
future (generations or years or days), why would the panel be
significantly more likely to get "impact on the future" right than the
existing legislative bodies?
The panel - and the report recognises this, though not for the
reason I give - could not be elected. If it were, then we'd elect the
Commons to make decisions, then we'd elect the Lords to disagree with
those decisions, then we'd elect the "Guardians of the Future" (No,
really, that's what they're called) to veto anything that gets past
them.
So, instead, they'd be selected at random in a manner similar to
jury service. It's a tempting idea - I've seen it suggested for House
of Lords reform before - but it just wouldn't work. The suggestion is
that anyone on the electoral register who doesn't tick the "I don't
want to be a Guardian of the Future" box would be eligible for random
selection. Once selected, they could opt-out at that stage, but if
they didn't there would be a year of training followed by a multi-year
term of office.
So, who's going to opt out (either on the register or when selected)?
- People who are ineligible to register.
- People who do not register.
- People who have health conditions incompatible with an intensive multi-year commitment.
- People who have caring commitments likewise incompatible (the report talks about subsidised or free caring services, but not everyone will want to take up that offer)
- People who do not wish to be in an extremely public role likely to come under considerably more public scrutiny than the average MP gets.
- People who don't really care about legislative politics.
- People with low self-confidence in their own abilities.
And so on, and so on, and so on. See also s.e. smith's Civic Engagement: Only For the Wealthy! which inspired a lot of this section.
Notice that a major common factor of all of those groups is that
they are also strongly under-represented in our current political
system for much the same reasons, and that they are correlated with
various lacks of privilege.
Not needing to campaign and sign up to a political party might
help, but not much.
The number of Guardians would be relatively small (7 to 144 is the
range suggested, with 12ish being preferred) - which means that to get
a representative group would be very tricky. But then, that's not a particular aim. From Appendix B, which sets out selection:
For such demographically-based pre-sortitional selection would
detract from the sense, already indicated above, in which this
grandest of juries must represent the voiceless, a task for us all
which is in important respects equally hard, one might venture, for
any of us.
Well, yes, in the "predict the future" sense. And no, in the
"interests of future people who are not like me" sense. Given that
representing the "interests of people not like me" is - due to
privilege - one of the major failings of our current political system,
a lack of concern for the same failing in a body of significant
political power is disturbing.
(Now, a footnote points out that if you select by certain demographics you can bias away from demographics not selected by - I've mentioned that problem before and it's especially serious for small groups)
There's a footnote referenced in the context of the length of the
commitment which is also worrying.
47 Given the vastly longer duration of the role, it would be
necessary to provide the Guardians with some kind of salary. Probably
this should simply be the salary they were getting in their regular
job, plus generous (but not corruptly so!) expenses. Alternatively,
all the Guardians could get the average national wage (as, arguably,
MPs should, too). [...]
Emphasis mine. Spot the really obvious problem with that bit that
significantly biases ability to be a "Guardian"... The alternative is
not great either, but at least the bias it inserts is somewhat counter
to current privilege.
So, okay, we have our randomly selected sample of people who will
be protecting the future from the present. So, how will they decide
what to do? This perfect access to the world's information won't make
itself.
The Guardians would be supported both in their training and in
their day to day roles as Guardians by a high- level and diverse
support staff of administrators, facilitators and experts, including
of course legal experts. It would be very important to stop this
support staff serving the Guardians from becoming too powerful (as
perhaps the civil service is too powerful in relation to government
ministers, in Britain). Primarily, those serving the Guardians closely
should consist literally of assistants, secretaries and administrative
managers and facilitators, plus a cohort of top academic etc. advisors
employed on retainers. The Guardians would have strong rights -
including if necessary subpoena style rights, to call any and all
further actors and experts that they wished to hear from, to help them
in their deliberations.
Okay. With a very small number of Guardians, the chances of any of
them being themselves an expert in a specifically-named field is
small. If the selection was representative, most of them will have
average mathematical and scientific knowledge. A year's training will
not give them the knowledge to really tell which of two conflicting
experts has the best theory. Is X safe or will it cause serious
problems in 200 years? Who knows - the experts disagree, the Guardians
don't have the expertise to assess the claims, and beware
of experts anyway.
So ultimately they will pick the most persuasive expert. Who is
probably themselves wrong.
The existing House of Commons is already perfectly capable of
picking the wrong expert advice; it seems unlikely that some
randomly-selected people would be significantly better. (And they need
to be significantly better, not merely equal, or they're not actually
helping)
That's if the Guardians can agree at all. They're randomly selected
in part to avoid party political considerations. But it also means
that they will have a broad spread of political views. So, how will
they make decisions? By consensus.
They would be given training for
example in consensus decision making,
in a group with a common purpose.
Consensus decision making is really quite difficult between people
with completely
different core assumptions. So in practice most things would come
down to a vote between different political factions. The factions
might not be there already - political party membership is so rare
that perhaps one of the Guardians might have it - but they'd form
pretty rapidly.
See also: Tyranny of Structurelessness - even though this wouldn't
be unstructured, it still applies: at least with the selection method
for MPs there are so many big egos that they cancel out, whereas with
a random selection a couple of charismatic big egoed people can end up
very dominant.
In practice then we have a third chamber that will tend to always
fall on the same side of political debates about whether a policy is a
good idea or not. What side that is is selected randomly, but that
doesn't really help. It also gives the "centrist" Guardians the most
power as the "swing" voters - in a mini-representation of a marginal
Parliamentary constituency, or a slightly enlarged version of the
current US Supreme Court.
Perhaps their belief in a common objective would help. Perhaps
not. There's a suggestion for their "oath of office":
"I promise to do my utmost to
represent and uphold the basic needs of
future people in the present. I will
work to ensure that the future people of
the United Kingdom are cared for by
us all, and that nothing that we in the
U.K. do hurts them or prevents them
from being. I vow therefore to execute
faithfully and to the very best of my
abilities the office of Guardian for
Future Generations."
Emphasis mine, again. Are you thinking "oath of allegiance to
extremist anti-choice group?" I'm sure it's accidental, given the
Green's general policies, but still! Especially given that the
explicit point of this group is to prevent Parliament passing
legislation that benefits currently-existing people at the perceived
expense of potential future people, how do you stop the anti-choicers
being all over that with "Look, it says right in your job description
you have to ban abortion. You took an oath of office to that effect."
(The draft wording is creepily anti-choice, but the group's purpose
probably precludes anything without that flaw1. At least it by doing so
avoids the eugenicism that previous "protect the future" movements
have had, though it does still allow for invading other countries to take their land for future UK generations)
Let's back up a bit to the start of my criticism. I said "How do we
know that something will be a problem in the future? [...] A big hint
is 'is it a problem today'."
The major problem with our existing system of government, in my
opinion, is that it does not give a voice and sufficient consideration
to the concerns of large groups of people, especially those who are
far from being the default human. If we can't get a system of
democracy that listens to real existing people and considers them to
have equal humanity and worth - and that extends to "Well, this would
be great for the UK, but really mess up the lives of a bunch of
foreigners who aren't part of UK democracy." of course - do we really
have any business trying to represent some hypothetical future
people.
Conversely, if we actually took seriously the
representation of people in all their interests - including,
especially, those who won't become MPs themselves - would we need
specific care about future generations? What thing could we possibly
do that would not significantly harm a group of people in the
short-term but would harm a group of people in the long-term?
Nuclear waste has been suggested as meeting that, but I don't think
it does: we know nuclear waste is dangerous now, and either we store
it properly in which case future generations are going to be fine -
and will have better storage and reprocessing technology to make up
for our inadequacies - or we don't store it properly and some current
people in the short-term will get hurt (and we don't, and they are).
You don't need an appeal to the needs of future people to do this -
an appeal to the needs of certain current people would be enough. If
we can't care about those current people now, we have no business
privileging the needs of our hypothetical future people above both
them and their hypothetical future people.
I get the motivation - embedding good environmental decisions in
government decision making is going to be necessary for us to
survive. But all of the environmental problems facing us today are
already having massive negative effects on currently existing
people. If that's not enough for us to do something, what does it say
about us if future existing people is? And we have structures that
care about some currently existing people already - they just don't
care about all of them. But that's not a problem with the democratic
structures as much as with the people inhabiting them - and their
privilege. Adding more people with the same sorts of privilege won't
help matters.
Footnote
1 Yes, I'm fully aware that this hypothetical
anti-choicer's argument contains several major logical flaws. But it
sounds superficially convincing if you loudly ignore those flaws.