The principles behind Electoral Reform
The passing last week of the Local Government Elections Bill was a
singularly important occasion. It abolished the single most destructive
element of our current political system, the preferential system of
voting operating over large electoral units. To tabulate the vicious
elements of this system, it
a) Requires candidates to canvas on a massive scale, entailing
excessive expenditure
b) Creates rivalries between candidates on the same slate, leading to
violence as well as electioneering at more intensive and expensive
levels than are readily affordable
c) Makes impossible a close link between elected members and
constituents on a scale that can ensure responsibility and
accountability
d) Demands excessive spending over a large area to ensure continuing
popularity
e) Entails using supporters on a scale that increases expenditure
The system then was a breeding ground for rent seeking and
corruption. It also took attention away from legislative
responsibilities as well as policy formulation. I can only hope then
that this initial step will be followed by abolishing this pernicious
system for Parliamentary as well as Provincial Council elections.
The urgent need of reform in this regard overcame to my mind the
numerous flaws in the bill. I was glad to note that this seemed to be
the view of the Opposition too, for it did not press the amendments it
had suggested, but instead accepted the assurance of government that
changes could be made subsequently.
One exception was the speech made by Sajith Premadasa with regard to
changing the provision in the Bill that 25 percent of the candidates
nominated ‘may’ be women and young persons.
Party list system
He moved that 20 percent should be women and 20 percent young
persons, which is of course the only way of ensuring increased
representation of these categories. Indeed I believe this is the first
instance of a wish list being included in legislation: while it may be
interesting to introduce good ideas in all future legislation (perhaps
by tagging on to every new Act the suggestion that we should all love
one another, or refrain from criminal actions, or anything else we think
desirable), it is more sensible to make laws about what must happen, not
about worthy possibilities.
And of course it was especially silly, if we were only introducing
good ideas without insisting on them, that we should have lumped women
and young persons together, As I noted, having been asked for my views
about potential problems in the Bill, ‘If we are serious about wanting
such representation, we should have 20 percent for each, or 20 percent
for women and 10 percent for youth. Since there is no complete
disqualification if the quota is not properly filled, the objection that
obtaining such candidates is difficult is not important.’
Another area in which it seemed to me that there was conceptual
confusion was with regard to what the change in the system was intended
to achieve.
We all know that the reason initially for getting rid of the First
Past the Post system we inherited from the British was that it led to
unrepresentative majorities in Parliament.
Thus, both in 1970 and in 1977, government had vast majorities based
on less or very little more than 50 percent of the vote. They were thus
able to ride roughshod over other viewpoints, with the disastrous
consequences for the country as well as for them, if they faced an
election under the same system.
J R Jayewardene therefore introduced a system of proportional
representation, but initially based this purely on a party list system.
When he realized that that created problems with politicians placed low
on the list he introduced preferences, but characteristically perverted
that modification by allowing not one preference, but three, which led
to competition all over the electoral unit. In the universal agreement
to get rid of that mayhem however, we should not lose sight of the fact
that a representative body should indeed be representative, and should
therefore incorporate proportionality.
Popular vote
The best system of allowing for individual representation of discrete
units while ensuring proportionality is the Geman system, and this is
what the Liberal Party advocated over two decades back. It has been
amusing, if tragic, to see various politicians over the years, beginning
with G L Pieris in 1995, claiming that they wanted to adopt the German
system, while perverting it through adjustments that would have given
advantages to their own party, which they assumed would get more of the
popular vote in a majority of constituencies than the Opposition.
In the present context there seems to be no understanding of the
German system - which Prof Pieris and Karu Jayasuriya had, when they
were promoting electoral reform - and instead we seem to have agreed
that, to introduce an element of proportionality, we will simply include
some extra seats on that basis. The current bill incorporates 30 percent
on that basis, calculated on the basis that this would not inhibit a 2/3
majority. It seems to have escaped the notice of those doing the
calculations that 30 percent on this basis means less than a quarter of
the whole.
I have been assured however by a member of the UNP that government
has agreed to change this figure to 40 percent which is an improvement.
But I should note here what I mentioned in my critique of the bill.
Though I kept this confidential because I did not want in any way to
seem to argue against the Bill, which I thought an urgent need, I hope
that serious consideration will be given to the concepts behind a mixed
system, viz ‘The Bill is still stuck in the Party List mentality. When a
mixed system is introduced, there is no need for the candidates for
wards to be on a list. The best way to have a mixed system is to give
the voter two votes, one for the individual and the other for the party.
This gets over the need for groups of individuals, which is a
contradiction in terms.’ |