All power to the outsiders

Cassandra WilkinsonApril 19, 2014The Australian

Australians are increasingly making it clear that the major parties need to do better. To make their voices heard they have employed a very useful political resource — minor parties and independents.

While most adults competent to vote are not single-issue fanatics or extremists of any sort, many will admit that every now and then they vote for a minor party or an independent “to send a message”.

Voting for a minor player in this way is a valuable form of political speech. It tells your preferred party you’re unhappy without defecting to their enemies. And depending how the minor party vote is distributed, this form of protest can be quite articulate.

Thanks to our system of preferential compulsory voting few votes are wasted. Unlike the great democracies of Britain and the US, in Australia a vote for a third, fourth or even 20th candidate is not throwing your vote away. Like salmon swimming home against the tide, most votes will eventually find their way back to a viable candidate or group.

Occasionally a small party will win a seat, leading to cries of “unrepresentative” and demands to reform the voting process. There will be outraged examples given of this or that candidate being elected on some amount less than 1 per cent of the vote. Nobody will point out how few first-preference votes are cast for the individuals on a major party senate ticket. Or how few people can even name all the members of the major party upper house ticket they voted for.

Indeed, many senators and upper house members are placed directly by their parties without facing the electorate at all. Casual vacancies for these positions are decided by a handful of political insiders without any consultation with the voters whose “quota” they are exercising.

The proposal by ALP president Jenny McAllister to allow party members to choose the Senate and upper house tickets directly as the Greens do would be a major improvement for democracy.

At the moment the tickets for both Labor and Liberal are determined by a smaller group of people than vote for the Sex Party. Claims by the ALP party office that 800 conference delegates choose the party’s candidates are disingenuous, given the recommended order of candidates on the ballot against factional and seniority con­sid­erations is subject to intense negotiations before the conference. So while some micro parties are utterly unrepresentative, candidates from the major parties can be just as much of an unknown quantity to voters.

As the majors whip up concern about micro parties and independents in Western Australia, we should be sceptical that they have our best interests at heart. It may seem silly or even anti-democratic to allow sports lovers and sex enthusiasts a seat at the table but whatever the talent, ideas or philosophy of these minor players, they do one job much better than the majors: they provide a place to park your vote when you’re sick of being taken for granted. By themselves, it’s true, most of these candidates can’t claim to represent more than a small number of voters. But the combined votes of all these small parties and candidates add up to a lot of people who don’t feel like endorsing the government or opposition.

It has been said the collecting together of all these diverse minor candidates’ votes through preference deals makes any resulting winner suspect because of the tiny number of first-preference votes. Maybe so. But it’s still true a large number of voters have been clear that they don’t want to endorse business as usual.

While it has been pointed out by some commentators that independents provide an excellent receptacle for a protest vote, it’s less often celebrated that independent members can make a strong contribution to good government.

As a policy adviser, I worked regularly with independents in the NSW parliament to secure their votes for bills. I also dealt with them daily as assistant to the leader of the house. I found independents Tony Windsor, Peter Macdonald and Clover Moore courteous and intelligent, and committed to their electorates.

Over 10 years in the house I worked with Shooters including the gentlemanly John Tingle, an MP committed to A Better Future for Our Children, an Outdoor Recreator, country independents and Christian Democrats.

While not all were candidates for Australian of the Year, most were the equal of their average major party adversaries.

In some cases the independents even outperformed their major party colleagues in delivering value for NSW. Under the Greiner government independents had a balance of power.

John Hatton, Moore and Macdonald negotiated four-year parliamentary terms, a referendum on independence of the judiciary, the creation of a parliamentary estimates committee and whistleblower protection for public servants.

Hatton led the campaign, supported by Labor, for the royal commission into the NSW Police Service exposing corrupt elements in the force including Chook Fowler, Trevor Haken and “the laugh”.

Like most people, I struggle to see Wayne Dropulich in the shoes of Hatton. It’s also true that Hatton, like Moore and Macdonald, had a large popular vote so the kinds of changes that would exclude the Sports Party would likely not deny the world another Hatton. But that depends entirely on how the reforms are done.

Following the so-called “tablecloth ballot” of 1999, NSW parliament created laws to make it much harder to form a minor party.

One can argue a group of people should genuinely represent a large group before they run a candidate. But it’s also true that under these rules more members will be part of a block of party votes and fewer will be voting issue by issue according to research and conscience.

As a staffer I spent hundreds of hours talking to independents, trying to win their support for particular bills on the merits. For Labor, Liberal and the Greens I met the single representative who would instruct their party colleagues how to vote.

Many of the independents were eccentric but fewer than you might think were lazy, stupid or out of touch with community attitudes.

Their presence promoted intellectual and ethical discipline because they ensured there was always a handful of votes that had to be won with argument and community endorsements.

Changes to the current rules will likely not be designed to raise the bar intellectually or ethically but to protect the existing oligarchy.

This oligarchy, of course, now includes the Greens, who have reportedly complained about micro parties “gaming” the system.

It makes me recall Bob Brown’s comment: “We’re not here to keep the bastards honest — we’re here to replace them.”

The political oligopolists accuse the little guys of dirty tricks and maybe they’re not undeserving of all criticism. But we need to keep a close eye on how the incumbent political class set the rules for their competitors.

The Greens themselves grew from small beginnings as a micro party. Pirates and Liberal Democrats represent significant constituencies in other countries and may one day have a legitimate future here too.

That should be for voters to decide — not the present political elites.

Cassandra Wilkinson works at The Centre for Independent Studies.

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