The Professionals
Thanks to Pete Baker for synopsising the results of the research (pdf) on the motivations of no voters in the Lisbon referendum. If the research is sound, it seems that 42% of no voters and 48% of abstentions were motivated by a feeling of ignorance about the treaty. Now, this has motivated some bizarre commentary on Slugger, with some twat arguing that the complexity of the treaty was itself a plot by 'the EU' to baboozle voters into a yes vote (a wonderful mix of paranoia and Irish narcisism there).
Now, I'm exposing myself to accusations sour grapes, since I advocated a yes vote, butI would have thought that voting no or abstaining because the treaty is too complex is not somehow a vote against complex law or something (consolidated laws, which is what Lisbon largely is, tend to be very very complex). Are the electorate really sending a message that law should be simpler?
Voting no or abstaining because of ignorance is voting against being asked (at least in the one-off referendum). So we should either stop asking and leave it to the professionals or should ask in a very different way.
First off, I actually agree with John Maguire in today's Irish Times, at least to the extent that running a referendum and then discovering (correctly in my view) that Crotty v. An Taoiseach (wikipedia) wasn't so sweeping after all. If you run a referendum and don't like the result, higher principles are at stake if you seek to undermine it.
At the same time, I don't see how it's 'perverse' to say that some decisions are better left to the people we hire to make them. Sneering at that idea undermines the whole notion of representative democracy. We hire politicians to represent and it's a worrying sign that we then resent them doing that when they have the time (and at least some have the experience) to figure out what's in the national interest and what's not.
If we don't like that, we at least have to recognise that, while questions that can be synopsised as 'do you want divorce?' are worth asking, the message of the poll seems to be that several hundred pages revising and updating half a century's treaties is not amenable to asking a yes-no opinion of people who are not trained treaty-readers. It's not elitism to say that people didn't understand what they were being asked: it's what over 40% of them told the pollsters (and that's not counting the 4% who thought we were voting on losing a commissioner etc).
The only way I can see us doing this by referendum properly is to take each stage of a treaty like Lisbon and ask an individual question for each one, or at least for each one that contravenes Crotty (as in, involves a transfer of sovereignty). Imagine: a couple of hundred referendums in one day. Or we could isolate the sovereignty transfer stuff, argue about that and vote on it clause by clause. The polity as committee system. Trés democratic!
Certainly the current arrangement is just senseless. It undermines representative democracy and replaces it with something worse.
Update: I see Mick has posted on this over at Brassneck. I think I agree with him that we could do with shooting the messenger. That is, that the government was 'indolent.' At the same time, I'm slightly sympathetic to government parties. They raise money to fight elections (er, mostly) and are now expected to fight for government policy too (against well (if mysteriously) funded rivals. Perhaps we should think of state funding of both sides in referendums? Even with that, however, we all work on the assumption that complex documents like Lisbon can and ought to be synopsised onto a leaflet. I'm not sure that's either possible or desirable.
Where I disagree with Mick is over his suggestion that "the success of the NO campaign was in prompting Irish citizens to look more closely at the document in order to ask themselves what it all meant." The no campaign was obviously successful but in Sinn Féin's case some of their and-a-pony wishlist reveals that they either don't understand the treaty themselves or don't care what's in it. Libertas barely stayed this side of disingenous (not that the government was much better). Their success was not in 'prompting people to look more closely at the document' but in encouraging people to despair of the whole thing.
Comments
Hugh Green:
Voting no or abstaining because of ignorance is voting against being asked (at least in the one-off referendum).
There's a distinction that needs to be drawn here between the two acts. The latter I agree, to a certain extent. But your observation about the former presupposes, at the very least, that the voter is aware she is ignorant. (If you're ignorant of your ignorance of the matter at hand, you can't be voting because of ignorance: you're just some sort of muppet).
But if you're conscious of your ignorance, then there's no particular reason why voting no is voting against being asked. A No voter might view the referendum as a legitimate instrument for making decisions, but judge, given whatever time they have had to assess of the available information, that they don't know enough, and therefore choose the No option. It's roughly the same stance that one might take when confronted with a legal contract: if you're unsure of the outcome, you don't sign. This was (quite cynically IMO) exploited in the 'If You Don't Know, Vote No' element of the No campaign, where voters were pretty much invited to arrive at ignorance as a final destination. But refusing to sign a contract couldn't be categorised as an oughtright rejection of legal contracts as such.
God I'm picky today.
Hugh Green:
Outright. Damn you Ray Houghton.
Ciarán:
Oughtright is more Mick McCarthy isn't it?
I thought I was sticking my neck a bit too far out there so I agree to the extent that the 'if you don't know vote no' line smacks of the precautionary approach. But, first 48% of abstainers didn't take this line: they decided they weren't qualified to vote at all. The 42% of no voters who cited ignorance as their motivation can't seriously expect that people write simpler laws. The solution for them would seem to be that we break the whole thing down into simpler questions (assuming we're too jaded to leave it to the professionals).
Actually, when I started writing the post I was more inclined towards the 'leave it to the hired professionals' line but now I think the clause-by-clause referendum has lots of advantages. Imagine: a commission (say a supreme court judge, a nominee of each party that gets more than 5% of the vote and a few nominees of various stakeholders) sits down and decides what specific parts of a treaty actually lead to a diminution of sovereignty and we're asked to vote on each part. Campaigning would be more honest (since it would have to be about the pros and cons of any compromise - what x we get in exchange for y) and there would be less opportunity for cynical scaremongering. There would also be less opportunity for governmental inertia. And finally, it would change the way treaties are negotiated because everyone would have to be very explicit about each measure given that the Irish could upset the applecart. All looks good to me.
Hugh Green:
It'd probably be an improvement.
As you know, the problem with referenda for deciding such matters is the fact that they can result in mass demagoguery and campaigning with tendency toward either the platitudinous or the scaremongering (or both). But I'm not quite sure if this means finding a solution that excludes referenda outright, or one in which referenda occur in a more participative and democratic culture.
A common assumption at the minute seeems to be -to me at least- that there are sufficient institutional mechanisms in place according to which people exercise control over their lives, and it's just a matter of tweaking these slightly in order to achieve an optimal outcome. But then you look, for instance, at the 48% of abstainers whom you cite, but also those who have no particular affinity with a political party, and it seems to indicate that there are an awful lot of people out there who are largely disengaged from politics. The problem with bringing in 'the professionals' without addressing this more profound problem is that you create an even bigger gap between the decision-making process and the people who are to be represented.
Personally speaking, I didn't feel I had a great deal of time to weigh up the pros and cons and make my decision. A 40 hour week and family duties doesn't really confer a great deal of time for perusing the proposals, the campaign literature and so on. And while the answer to that might be 'so what?' since there has to be some cut-off moment at which you have to make your choice, I think there are wider implications. From what the survey says, people clearly don't trust their parliamentary representatives to represent them on this and other matters. And I'm not surprised. In the last election, the only candidate I met was John O'Leary, and he waffled for a couple of minutes with the usual admixture of sporting and managerial platitudes that characterises quite a lot of what passes for political campaigning here.
Anyway, the point is that there is a disconnect there that can't be solved with a sticking plaster. Perhaps there should be some additional, more local means of decision making on national issues- where people from a given area are enabled to attend meetings, hear arguments made from designated experts and representatives of different political parties, ask questions, and vote. So you have a greater deal of interaction, informed debate and relevance. That's not the sort of thing that could function solely for a referendum, it would need to be a process that operated continually, for all sorts of matters. In the end it might do away with the need for Lisbon-style referenda. Though how this might be achieved under current conditions I have absolutely no idea.
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