CHAPTER X

PROPORTIONAL REPRESENTATION AND PARTY GOVERNMENT

"Parties form and re-form themselves; they come together, dissolve, and

again come together; but in this flux and reflux a stability reigns such

as we observe amid similar phenomena in the course of nature; and indeed

it is the course of nature, only working in the world of politics

instead of the world of physics."--LORD COURTNEY OF PENWITH

"To think in programmes is Egyptian bondage, and works the sterilization

of the political intellect."--AUGUSTINE BIRRELL

Hitherto the objection most often urged against proportional

representation has been that it is impracticable; the successful

working, however, of the single transferable vote in Tasmania, in the

elections of the South African Senate and in the Transvaal Municipal

elections, and of list systems in Belgium, Switzerland, Sweden,

Würtemberg and Finland has furnished a complete answer to this

objection. Manhood suffrage obtains in Belgium, adult suffrage in

Tasmania and Finland, and if, in countries possessing a franchise so

democratic, proportional systems have proved successful, it is no longer

possible to declare that proportional representation is impracticable.

Indeed, the practicability of proportional representation is now

generally admitted, and its critics prefer to lay stress upon objections

of another character. They even complain, as does Professor Jenks, that

"the supporters of the movement appear to be concentrating all their

arguments on the feasibility of their project, quietly assuming that its

desirability is axiomatic."[1] It does seem axiomatic that it is

desirable that representative institutions should reflect the views of

those represented, but it is now alleged that the representative

principle is merely "a means of getting things done," that the chief

function of the House of Commons is to provide the country with a strong

Government, and that proportional representation would render these

things impossible "because there would be no permanent majority strong

enough to get its own way."

_Proportional representation and the two-party system._

This fear of a weakened executive doubtless explains why many others who

admit the justice and practicability of proportional representation,

still hesitate to support a reform the effects of which may greatly

modify existing parliamentary conditions. "We have still," said _The

Westminster Gazette,_[2] "to be convinced that we shall do well to make

still more difficult the maintenance of the two-party system, and that

it seems to us would almost certainly be the effect of proportional

representation." Ten years ago some professed supporters of proportional

representation took up the extraordinary position of allowing it only in

respect of two great parties within a State,[3] and quoted in support of

their views the words of Professor Paul Reinsch in his work on _World

Politics:_ "It is still as true as when Burke wrote his famous defence

of party, in his _Thoughts on the Cause of the Present Discontents_,

that, for the realization of political freedom, the organization of the

electorate into regular and permanent parties is necessary.

Parliamentary government has attained its highest success only in those

countries where political power is held alternately by two great

national parties." Is no allowance to be made for the fluidity of

progressive democracy? Is it imagined that active political thought can

be compelled to follow stereotyped channels? Too profound a respect for

a system designed to meet former conditions led the Royal Commission on

Electoral Methods to the conclusion that, "reviewing the whole of the

evidence, and duly considering the gravity of the change involved, we

are unable to report that a case has been made out before us for the

adoption of the transferable vote here and now for elections to the

House of Commons."[4] The Commission proceed "to emphasize the exact

nature and limitations of this conclusion," which ultimately amounts to

no more than a suggestion for the postponement of an inevitable

change.[5] But the fact remains that the Royal Commission accepted the

theory of government placed before it by those who desire to maintain

the existing party system and who are of opinion that that system can

only be maintained by single-member constituencies and the majority

method of election. "On the question," says the Commission, "whether the

representation of all parties in proportion to their voting strength is

in itself desirable, we may point out that it is not a fair argument

against the present system that it fails to produce such a result,

because it does not profess to do so. A General Election is, in fact,

considered by a large portion of the electorate of this country as

practically a referendum on the question which of two governments shall

be returned to power."[6] " ... The case of those who hold that the

transferable vote is not capable of application in this country rests

only to a very slight extent on its mechanical difficulties.... The most

potent arguments are a theory of representation on the one hand and a

theory of government on the other."[7] It is evident that the most

important objection which advocates of proportional representation have

to meet concerns its probable effect upon party organization and upon

party government, and it is therefore necessary to consider this

objection in detail.

_Burke's view of party and party discipline._

In the first place, can Burke's definition of party be used in defence

of modern party organization and discipline? The character of these has

fundamentally changed since Burke's time. His conception of national

parties and also, perhaps, of the probable influence of a system of

proportional representation upon their formation may be gathered from

his own words. "Party," says Burke, "is a body of men united for

promoting by their joint endeavours the national interest upon some

particular principle in which they are all agreed. For my part I find it

impossible to conceive that any one believes in his own politics, or

thinks them to be of any weight, who refuses to adopt the means of

having them reduced into practice. It is the business of the speculative

philosopher to mark the proper ends of government. It is the business of

the politician, who is the philosopher in action, to find out proper

means towards those ends, and to employ them with effect. Therefore

every honourable connexion will avow it is their first purpose to pursue

every just method to put the men who hold their opinions into such a

condition as may enable them to carry their common plans into execution,

with all the power and authority of the state." No advocate of

proportional representation would in the least quarrel with Burke's

definition of party or deny that sustained effort and efficient

organization are absolutely essential if practical effect is to be given

to political principles. Burke, however, did not contemplate a party

system in which complete submission to the programme of the party was

considered an essential condition of membership. Burke's definition of

party must be read in conjunction with his own interpretation of the

term. "In order," says he, "to throw an odium on political connexion,

these politicians suppose it a necessary incident to it that you are

blindly to follow the opinions of your party, when in direct opposition

to your own clear ideas; a degree of servitude that no worthy man could

bear the thought of submitting to; and such as, I believe, no connexions

(except some court factions) ever could be so senselessly tyrannical as

to impose. Men thinking freely will, in particular instances, think

differently. But still as the greater part of the measures which arise

in the course of public business are related to, or depend on, some

great leading general principles in government, a man must be peculiarly

unfortunate in the choice of his political company, if he does not agree

with them at least nine times in ten. If he does not concur in these

general principles upon which the party is founded, and which

necessarily draw on a concurrence in their application, he ought from

the beginning to have chosen some other, more conformable to his

opinions."[8] Burke does not limit the number of parties to two, and if

his authority is to be invoked in support of the maintenance of the

two-party system, it can only be invoked in support of the maintenance

of two parties which are based on such leading general principles as

will cover the whole field of politics, and the organization of which is

such as to leave to members of the party a considerable measure of

freedom in respect of individual questions. "We may be confident," says

Lord Courtney of Penwith, "that the two main divisions will survive, the

one pressing forward and the other cautiously holding back,"[9] and in

so far as it corresponds to the two main tendencies in human thought the

two-party system will doubtless survive any change in voting method. But

with the spread of political intelligence it cannot possibly survive the

rigidity of modern discipline--a rigidity which Burke would have been

the first to repudiate--nor can it survive the modern tendency towards

the formation of parties for the purpose of carrying specific reforms.

_Narrow basis fatal to a large party._

The complete transformation of the Conservative Party into a Tariff

Reform Party would considerably narrow its basis, and any narrowing of

the basis of one party must help to break down the two-party system. For

although Tariff Reform is a matter of great national interest, having

very far-reaching effects, it obviously does not cover the whole field

of politics. There is no fundamental and necessary relation between

Tariff Reform and Home Rule, the constitutional position of the House of

Lords, or the special problem of the place of religion in national

education. Nor does it necessarily or even naturally attract those

cautious intellects which are the typical supporters of Conservatism.

The strenuous efforts which have been made in recent years to exclude

from the Unionist Party all who are unwilling to accept the policy of

Tariff Reform have, it is true, been crowned with considerable success,

but there is a limit to the process of unification. Should the advocates

of this fiscal change, for example, have desired to make terms with the

Nationalist party for the purpose of carrying their policy, any attempt

to impose those terms upon all members of the party would have resulted

in a further and probably a more serious split. In such circumstances

parties necessarily give place to groups, and the fissiparous tendency

is most apparent where party discipline is most rigid. The solidarity of

the German Social Democratic Party will only be maintained by according

liberty of action in local matters to the South German Socialists.[10]

The formation of the French Unified Socialist Party was a work of

considerable difficulty, and its maintenance will only be possible if

its constituent parts can tolerate differences of opinion. The two

sections of the English Labour Party have been able to work together by

concentrating their efforts on reforms which are advocated by both,

whilst the troubles which have arisen within the smaller group, the

Independent Labour Party, have sprung from attempts to insist upon a

narrow interpretation of the term Independent. The narrower the basis on

which the parties are formed and the more rigid the discipline employed,

the more difficult will become the maintenance of the two-party system.

If, then, it is considered essential to the successful working of

parliamentary government that there should be but two parties, these

parties must be based on broad leading principles and must be so

organized as to allow for differences of opinion on minor matters. With

the increase in the number of questions of first-class importance it

will, however, be difficult to maintain even the semblance of the

two-party system, and in the absence of those more elastic political

conditions which a system of proportional representation provides,

absolutely impossible.

_Proportional representation and party discipline._

The argument in the preceding paragraphs can be illustrated from the

effect of proportional systems on party organization in those countries

in which they are at present in force. In Belgium the prophecy was

repeatedly made that the new law would result in the splitting of

parties into petty factions, rendering parliamentary government

impossible. Its real effect has been, if anything, of the contrary

character. There are still but three Belgian parties--Catholic, Liberal,

and Socialist. Their principles have tended to become more clearly

defined, but within each party there has arisen a considerable freedom

of opinion in respect to all political questions which do not spring

directly from the principles on which the parties are based. This was

clearly shown in the discussion on the proposals for the annexation of

the Congo. At the conference of Liberals held before the General

Election of 1908 it was decided that the annexation of the Congo should

be treated as a _question libre_. M. Vandervelde, at the same time,

expressed opinions on this subject which were contrary to those held by

the majority of Socialists, whilst several Catholics, who disapproved of

the terms on which the Congo was offered to the nation, did not hesitate

to say so. None of these expressions of opinion involved ostracism from

the party, and, although party discipline is strict, there is but little

doubt that this freedom of movement in respect to non-party questions

will continue to grow. The annexation of the Congo was voted in due

course, but the original draft of the Treaty received important

modifications which were due largely to the action and criticism of the

more independent Conservatives.

The question of free trade or protection does not, at the present time,

occupy a prominent place in Belgian politics, but should it do so, there

is no reason to assume that opinions either for or against free trade

would involve, as here, ostracism from any party. Such conditions admit

of a much more genuine discussion of public and of economic questions.

In England, with the system of single-member constituencies, Unionist

Free Traders have had the alternative placed before them of submitting

to the opinions of the majority of the party or of retiring from all

active participation in public life. In Belgium, on the other hand,

proportional representation has induced parties, while adhering to their

fundamental principles, to make their lists of candidates as inclusive

as possible. The list presented by the Catholics at Ghent in 1908

contained not only a free trader and a protectionist, but

representatives of different classes of interests within the

constituency, of agriculture, of landed proprietors, of workmen and of

masters of industry. Stress was laid upon the comprehensive character of

their list in the election address issued by the Catholics, and each

party endeavoured to make its list representative of the forces within

the party. Special efforts indeed are taken to accomplish this end; in

the preparation of the Liberal list members of the organization took

part in the preliminary selection of candidates, the final choice being

determined by a formal election. In reporting that the Belgian system of

proportional representation "is not favourable to small independent

parties, or, what is of greater interest to many observers in this

country, to small sections or wings of large parties," the Royal

Commission on Electoral Systems misinterpreted the working of the

Belgian system. It is true that the Christian Democrats form the only

small party in Belgium which has obtained direct representation, but the

Belgian system has certainly given representation to the wings of large

parties. Count Goblet d'Alviella, who was examined by the Commission,

has kindly furnished some observations upon the Commission's statement.

"Whenever there is room," he writes, "that is, where the seats are

numerous enough, the leaders take the greatest care to choose

representatives of the principal shades of opinion within their party

lines. At Brussels in 1910 the Catholics placed on their list not only

M. Colfs, who upset their order of precedence in the previous election,

but also M. Theodor, who, for the last three times,

headed--unsuccessfully--a separate list of the so-called Independent

Party. The Liberal list at Brussels has been formed by the joint action

of Moderates (Ligue libérale) and Radicals (Association libérale), each

of these two organizations trying to give satisfaction to their own

subdivisions (Flemish and Walloon, rural and urban, &c.). At Antwerp the

Liberal list has been formed by five Liberal organizations, each one

choosing its own representative." The M. Colfs referred to in Count

Goblet d'Alviella's letter strongly opposed the military proposals of

the Belgian Government, but he was, nevertheless, placed by the party

organization on the official list. Thus, in Belgium wings of parties

undoubtedly obtain their legitimate influence, and this renders the

formation of independent small parties superfluous. The number of broad

general principles on which political parties can be based is strictly

limited, and this explains why neither the Belgian nor any other system

of proportional representation will produce innumerable parties.

_"Free Questions" in Japan._

The electoral system in Japan, giving as it does great freedom for the

expression of political opinion, has resulted, as in Belgium, in the

separation of political questions into two types--party and free.

According to Mr. Kametaro Hayashida, the Secretary of the Japanese House

of Representatives, the measures before parliament are duly considered

at party meetings; after deliberation a decision is taken as to whether

the measure under discussion should be treated as a party question, or

whether freedom of action should be permitted to the individual members

of the party, and a communication, embodying the result of the party

meeting, is then sent to every member. Here then we get additional

evidence of the amelioration of party spirit, which follows the adoption

of a more elastic system of representation. Political debate must become

in such cases not only more real but infinitely more valuable. The

number of questions left to the discretion of the individual member is

by no means inconsiderable, as will be seen from the following figures

showing the attitude taken by the various parties towards public

questions in 1908:--

(1)--Laws

Party . . . . . Constitutionalist Progressive Conservative Radical

Party questions . 105 75 66 --

Free questions. . 2 32 41 107

(2)--Petitions

Party . . . . . Constitutionalist Progressive Conservative Radical

Party questions . 63 167 68 --

Free questions. . 119 15 114 182

"It should be noted," says Mr. Hayashida, "that the Radicals had no

party questions, but made all questions free. On the other hand, the

Constitutionalists, who supported the Government, made party questions

of practically all laws submitted. On the average, apart from the

Radicals, the three other parties treated 23 per cent. of the laws, and

37 per cent. of the petitions in the twenty-sixth session of the

Imperial Japanese Diet as free questions."

_The formation of groups._

Such evidence as we possess does not then warrant the assumption that a

proportional system leads to an increase in the number of political

parties. It makes them more elastic. On the other hand, it has been

demonstrated beyond any doubt that a system of single-member

constituencies has completely failed to maintain the two-party system.

In England the Labour Party forms within the House of Commons a distinct

camp by itself, the Nationalist Party still more jealously guards its

independence, and at the election of January, 1910, a smaller group of

Independent Nationalists was formed. The rise of the Labour Party in

Australia was not prevented by a system of single-member constituencies.

In Germany and France single-member constituencies have not arrested the

development of groups with national, religious, or sectional programmes.

When, therefore, it is contended that proportional representation will

lead to the formation of groups, the obvious answer is that it is the

present system which is producing groups; and should the representation

obtained by these groups, as in France and Germany and in Australia,

give no clear indication of public opinion, then the instability which

has been a characteristic of French and for a time of Australian

parliamentary conditions may become characteristic of the House

of Commons.

Nor do those advocates of proportional representation, who desire to

maintain the two-party system by artificial means, offer any machinery

adequate for the purpose. In an article written before the first

elections for the Commonwealth parliament, Mr. Deakin wrote as

follows:--

"By the very circumstances of the case the tariff issue cannot but

dominate the first election, and determine the fate of the first

ministry of the Commonwealth. There will be no time for second thoughts

or for suspension of judgment. The first choice of the people will be

final on this head. The first parliament must be either protectionist or

anti-protectionist, and its first great work an Australian tariff. That

is the clear-cut issue. The risk is that a proportion of the

representatives may be returned upon other grounds, as the electors as a

whole may not realise all that is at stake or make the necessary

sacrifices or opinion and preferences to express themselves emphatically

on this point."

In commenting upon this declaration the supporters of so-called

two-party proportional representation[11] said:

"The only way to avoid the risk indicated is to take this one definite

issue as the basis of proportional representation. Each State should be

divided on it, and should elect its proportional number of Free-trade

and Protectionist representatives." But how are all the electors to be

constrained into accepting the dictates of party leaders as to the lines

upon which elections shall be fought? The Labour Party in Australia

apparently considered the special principles for which they stood of

more importance than either Free Trade or Protection. The English Labour

Party would doubtless adopt the same point of view, whilst the

Nationalists regard the Tariff question as of little importance as

compared with Home Rule. "The rude and crude division," said Mr.

Asquith, "which used to correspond more or less accurately with the

facts of a representative assembly of two parties, had perhaps become

everywhere more or less a thing of the past."[12] There are no means

available for restoring the earlier conditions, and certainly the

existing electoral system of single-member constituencies affords no

guarantee that in the future any one party will obtain a permanent

majority strong enough to get its own way. The maintenance in form of

the two-party system during the parliament of 1906-10 was merely due to

the accident of the phenomenal election of 1906, when the Liberal Party

was returned in such numbers as to exceed the combined forces of all

other groups. At the General Election of January, 1910, five parties

entered the field, and as a result of this election no party obtained

an absolute majority. In the important parliamentary debates which arose

immediately after the election each of these groups took part, as such,

for the purpose of emphasizing their independence, and when, consequent

upon the death of King Edward, a conference on the constitutional

question was arranged between the leaders of the Conservative and

Liberal parties, Mr. Ramsay Macdonald, in commenting upon the

conference, made this statement: "He regretted that there was going to

be any conference at all, but if there was going to be one he, as a

member of the Labour Party, denied the right of the two front benches to

settle it. They no longer represented the House of Commons or the

opinion of the country. There were other benches."[13] Obviously, if

other benches are to be taken into consideration in the solution of

constitutional questions, it is a matter of importance to know the true

strength that lies behind those occupying them. The difference--an

extremely important difference--that a proportional system would produce

in the composition of the House of Commons is that the representation

obtained by these groups would give a much more accurate clue to public

opinion and, as in the long-run the strength of an executive depends

upon its capacity to interpret the will of the people, the position of

the executive would be rendered much more stable. This is the

justification of Mr. Asquith's statement: "Let them have a House of

Commons which fully reflected every strain of opinion; that was what

made democratic government in the long-run not only safer and more free,

but more stable."

But does parliamentary government, as the Royal Commission on Electoral

Systems suggests, really depend for its working upon the maintenance of

a system of election which admittedly distorts the real wishes of the

people? This argument had been anticipated and effectively dealt with by

M. Ostrogorski in his _Democracy and Political Parties_. "There arises,"

says he, "the old question of the Duke of Wellington, frightened by the

prospect of the abolition of the rotten boroughs: How will the King's

government be carried out? How will parliamentary government work? In

reality the catastrophe will not be more than that which so alarmed the

hero of Waterloo; now, as then, it will be nothing more nor less than

the destruction of something rotten."[14] The King's government has been

improved by the abolition of the rotten boroughs, and will be still

further improved if opinion within the House of Commons is brought into

more direct relation with opinion outside. The view taken by the

Commission was not shared by one of its members, Lord Lochee, who in a

note appended to the Report says: "I am not concerned to dispute that

the introduction of proportional representation might involve important

changes in parliamentary government. That, in my view, is not a question

for the Commission. I shall, therefore, only say that I do not believe

that the cause of good government is bound up with the maintenance of a

distorted representation, or that British statesmanship would be unable

to cope with the problems which a better system might bring in

its train."

_The formation of an executive_.

Changes will doubtless take place in the method of carrying on the

King's government, but they will take place very gradually, and will be

evolved out of present conditions. It would be essential, as now, that

the government should possess the confidence of the House of Commons and

of the country, and, in order to obtain this confidence it would not be

sufficient to secure a majority by means of bargainings between groups

which involved important sacrifices of principle. Even with such rigid

party discipline as now obtains it would be difficult and perhaps

impossible to effect an alliance between Unionist Tariff Reformers and

Nationalists for the purpose of carrying out a double policy of Tariff

Reform and Home Rule. It is certain that under a system of proportional

representation such an arrangement would be useless as a basis for a

stable executive, for with the lessened rigidity in discipline party

leaders would have no means of enforcing the terms of such bargains upon

their followers. The composition of the House itself would give a clear

indication of the main policies which would meet with the approval of

the House and also of the Government which would command its confidence.

It is perhaps unwise to attempt to map out in any detail the probable

course of events, but there are some who are unwilling to take this step

forward in the perfecting of democratic institutions without some clear

conception of the way in which a good government might be formed under

the new conditions. Professor Nanson of Melbourne has endeavoured to

satisfy this anxiety by attempting to forecast the probable effect which

a system of proportional representation would have upon the formation of

governments in Australia, showing how such a system would enable a

really stable executive to be formed.

"To bring the matter vividly before us," says he, "consider the two

vital issues now before the Australian public. These are Protection and

the Labour platform. Every elector and every candidate at once falls

into one of four groups. For every one is either Protectionist or

anti-Protectionist, and every one is either Labour or non-Labour. Every

person is therefore either Protectionist and Labour, or Protectionist

and non-Labour, or anti-Protectionist and Labour, or anti-Protectionist

and non-Labour. Using the letters P, A, L, N to denote Protectionist,

Anti-protectionist, Labour, Non-labour, we have four groups which we may

denote by PL, PN, AL, AN.

"It is clear that if we can find out the number of voters in each group

we can at once declare the verdict of the country for or against

Protection, and for or against the Labour platform. Suppose, for the

sake of argument, that the percentage of voters are: Non-labour

Protectionist, 32; Non-labour Anti-protectionist, 28; Labour

Protectionist, 24; Labour Anti-protectionist, 16; as shown in the

following table:--

P A

N .... 32 28 60

L .... 24 16 40

_ _ __

56 44 100

"Then it is clear that there is a majority of 60 per cent, to 40 per

cent, against the Labour platform, and a majority of 56 per cent, to 44

per cent, in favour of protection. Under such circumstances the

distribution of members in a House of 75 would be as follows:--

P A

N .... 24 21 45

L .... 18 12 30

_ _ _

42 33 75

"In such a House there would be a majority of 45 to 30 against the

Labour platform, and a majority of 42 to 33 in favour of Protection. In

such a House the only possible Ministry would be a Non-labour

Protectionist. There would be a straight out Ministerial party of 24.

There would be a right Ministerial Labour Protectionist wing of 18 bound

to support the Ministry in its Protectionist policy. There would be a

left Ministerial Anti-protectionist Non-labour wing of 21 bound to

support the Ministry in its Non-labour policy. The straight out

Opposition would be 12. Such a House might well be left to elect a

Ministry. Every minister would, with a proper method of election, if

necessary, be a Non-labour Protectionist. For there would be an absolute

majority of the House against every Labour man and against every

Anti-protectionist. Every Minister would be heart and soul with the

Ministerial policy. There could then be no possibility of dirt eating or

of voting against one's convictions, as is alleged to be the case at

present."[15] The divisions between English political parties may not

be so clearly cut nor the composition of the Executive so homogeneous as

outlined in this forecast of Professor Nanson, but a proportional system

would certainly yield a true indication of the mind of the nation on at

least three, and probably more, of the important matters under

discussion in England--Tariff Reform, Home Rule, and the constitutional

position of the House of Lords. A clear expression of national opinion

on these issues would determine the policy which an executive resting

for authority upon the House of Commons would have to pursue, but, in

addition, the improved electoral methods would yield unmistakable

indications of the attitude of the nation towards those Labour and

Social questions which will more and more claim the attention of

Parliament. In brief, so far from proportional representation creating

conditions unfavourable to the formation of a strong executive, it will

furnish the only means by which in the future stable executives can be

formed. It will place within the hands of governments a new and more

delicate instrument with which to gauge public opinion, and it is on the

accurate interpretation of public opinion that the continued existence

of a government depends.

_A check on partisan legislation._

But those who, with Professor Jenks, regard the representative principle

as being merely a means of getting things done, will perhaps want some

indication of the possibility, not only of forming an Executive under a

proportional regime but of carrying legislation. There are obviously two

aspects to this question. The power of initiating and of controlling

legislation is now so largely in the hands of the executive authority

that means are required not only of getting things done but of ensuring

that the privileged position possessed by the executive authority is not

abused. The present system enables a ministry in command of an

overwhelming but false majority to impose upon the nation legislation

with which the nation is not in accord. It is more than doubtful whether

the Education and Licensing measures carried by Mr. Balfour's

administration (1902-5) would have been acceptable to a House of Commons

which was truly representative, and as Mr. Balfour's government

dominated the House of Lords as completely as it controlled the House of

Commons, the only check which existed upon the action of the Ministry

was the fear of defeat when the time came for the inevitable appeal to

the country. Such a check has proved to be inadequate to prevent the

passage of partisan legislation, and the failure of the House of Commons

to protect the nation against legislation of an arbitrary nature has

given rise to the demand for checks of another character.

_Unlike the referendum, proportional representation will

strengthen the House of Commons._

Thus, it is now urged that the nation should, by means of the

referendum, be afforded the opportunity of exercising that control over

the executive which the House of Commons has lost. "Formerly," says

Professor Dicey, "when the King was the real and effective sovereign of

the country, and was responsible for its government, it was right that

he should have a veto. The nation is now the sovereign, and what I

propose is to place a veto in the hands of the nation.[16] Now, although

proportional representation is not inconsistent with the referendum, yet

these two reforms endeavour to cure the defects of representative

institutions in different ways. The referendum, by transferring

responsibility and authority from the House of Commons to the nation,

will tend to diminish the importance of the representative chamber.

Proportional representation, on the other hand, aims at strengthening

the House by making it more fully representative, and in consequence

more competent to discharge its true functions. Moreover, there are some

practical objections to the referendum. There must always be

considerable difficulty in framing the form in which a legislative

proposal should be submitted to the country. To be permitted to say

'yes' or 'no' to a complicated measure is not sufficient. It would have

been extremely difficult for most of the electors to have stated,

without any qualification, whether they approved of Mr. Asquith's

Licensing Bill of 1908. This measure was far too comprehensive to submit

as a whole, and an unfavourable verdict would have given no clear

indication as to the nation's wishes, and would have been open to

serious misinterpretation. The new licensing duties and the new land

taxes contained in the Finance Bill of 1909 had nothing in common, and

it would have been necessary to have submitted a Bill of this nature in

sections. Further, every time a measure which had passed the House of

Commons was rejected by the nation, the prestige of the House would be

impaired, and the conclusion is unavoidable that, were the referendum

adopted, the House could only retain an authoritative position by

introducing a system of proportional representation so as to bring it as

closely as possible into agreement with the nation. It is, moreover,

generally agreed that Finance Bills should not be the subject of a

referendum, but in a modern state these are of as much importance as

other legislation. The work of legislation demands special

qualifications. When we select a doctor or a lawyer, or any other agent,

we wish him to do his special work. The elector desires to have an

effective choice in the selection of his representative in parliament,

but having chosen a legislator with whom he is in sympathy entrusts the

details of legislation to him. Proportional representation would give

the elector this effective choice, and by restoring to members of

Parliament a greater measure of freedom would enable the House of

Commons to resume its proper function of controlling legislation. The

need for the referendum would disappear.

_Proportional Representation facilitates legislation desired

by the nation._

It may be said, however, that there is here no indication of the means

of getting things done, only of a check upon partisan action. But

proportional representation, in rendering more difficult the passing of

legislation conceived in a partisan spirit, will save the time and

energy of Parliament for legislation which is more in accordance with

the nation's will. The history of the numerous Education and Licensing

Bills which have been presented to Parliament during the two decades

1890-1910 furnish an excellent example of the way in which a rigid party

system results in the waste of parliamentary time. No wonder that the

legislative machine has broken down. Efforts are now being made to

increase the working capacity of the House of Commons, but if these are

to be permanently successful, there must be such an abatement of

partisan feeling as a system of proportional representation encourages.

The changes which have been introduced in recent years into the

procedure of the House of Commons are of a far-reaching character.

According to the rules adopted in 1907, all Bills, other than money

Bills and Bills for confirming Provisional Orders, are referred, after

the passing of the second reading, to Standing Committees of the House,

unless a resolution to the contrary is moved immediately and carried.

There is a growing opinion in favour of these committees, the value of

which is largely due to the greater sincerity in discussion which takes

place in them. When Mr. Asquith moved the resolution allocating the time

to be allowed for discussion on the Housing and Town Planning Bill, Lord

Robert Cecil expressed the opinion that the system of guillotining

debate was destructive of the legislative efficiency and the dignity of

the House of Commons.[17] "Personally he thought some remedy might

possibly be found in an extension of the Grand Committee system. He

began with a violent prejudice against them. He had now sat on several

of them, and he had come to the belief that, on the whole, they were by

far the best instrument they now possessed, inferior though it was to a

full and free discussion in the whole House for the consideration of

legislation. The most important characteristic of them was that only

those decided who heard the arguments. They did not have the disgusting

farce that went on in that Chamber of members trooping in from outside

who had not the slightest knowledge of the subject which had been

discussed, who had not taken the slightest interest in it, and who

merely asked the Whips at the door, 'Which side are we to-day?' and

voted 'Aye' or 'No' as they were told. The Prime Minister recognized

that the independence and dignity of the House were invaluable assets to

the country, and had shown on many occasions a genuine desire to

preserve the dignity of members of Parliament, and the self-respect of

the House." Mr. Asquith, in reply to this statement, also expressed his

opinion that by a larger and more elastic use of the system of

Committees it would be possible to avoid some of the evils arising from

the growing congestion of parliamentary business. "The Housing and Town

Planning Bill was," said he, "a very good illustration of the useful

purpose served by the Grand Committee. It was there for twenty-three

days; it was discussed under almost ideal conditions; the closure was

never moved from beginning to end; the Government Whips never sought to

exert their authority in any one of the divisions which took place; and

the discussion was conducted by men who were obliged to listen to the

arguments of those who were opposed to them. As regards Bills of this

character, it was perfectly certain that they got a much more accurate

discussion, and decisions were arrived at far less under the stress of

party prepossession than when a Bill was discussed in Committee of the

whole House."

Thus it seems that a lessening of party discipline and a greater freedom

and sincerity in discussion result in an acceleration of the rate of

legislation, and as a proportional system favours these conditions it

would materially assist the process of getting things done.

_Proportional Representation in Standing Committees._

But this important change in the procedure of the House of Commons--the

discussion of the details of legislation in Grand Committees instead of

committees of the whole House--furnishes from another point of view

cogent reasons for the adoption of a system of proportional

representation. In the composition of these committees strict care is

taken to allot representation to the various parties within the House in

proportion to their strength. Otherwise these committees would not

possess the confidence of the House. But if the composition of

committees on a proportionate basis is a condition of their success,

would not their work be even more successful if in the first instance

the strength of parties within the House corresponded to the number of

their supporters in the country? The House of Commons would enjoy the

confidence of the nation, and its standing committees would acquire

greater authority because they, in turn, would be fully representative.

One of the most important of these committees is the Scottish Grand

Committee, to which all Scottish Bills are referred. All Scottish

members are appointed to this committee, but in order that its

composition should conform to the rule--that committees should reflect

the strength of parties within the House--it has been found necessary to

add thereto a number of English Conservatives who often, if not usually,

have not the special qualifications necessary for dealing with the

details of Scottish questions. If the purpose for which the Scottish

Grand Committees have been constituted is to be fulfilled, it will be

necessary that the different political forces within each part of the

Kingdom should be represented in the House proportionately and that the

membership of the committees should be confined to Scottish members. It

is quite possible, under the present electoral system, that there might

be an overwhelming Conservative majority in England and a large Liberal

majority in Scotland. In such conditions the Scottish Grand Committee

would fail to work. It would be necessary to add so large a number of

English Conservatives that the Committee would lose its distinctively

Scottish character. There is often very little difference between

Scottish representatives on Scottish questions. A good instance of this

was shown in the discussion on the report stage of the House Letting

Bill (1909). The measure was opposed by the English Conservative

members of the Committee, whilst the Scottish Conservatives voted for

it. If the Scottish Conservatives were fully represented in the House of

Commons they would obtain adequate representation on the Committee; a

large addition of English Conservatives would not be necessary, and an

agreement between the members of the Committee would often be much more

quickly reached. Not only so, but a system of proportional

representation would greatly strengthen the personnel of the Committee.

Both the Scottish Law Officers of Mr. Balfour's Administration were

defeated in the General Election of 1906, and in consequence the

Scottish Conservatives, in their deliberations in Committee, were

deprived of the expert advice which these officers could have afforded.

Obviously, Scottish legislation can be dealt with best in a Scottish

Grand Committee, but the successful working of this Committee requires

the true representation thereon of the different sections of political

opinion in Scotland, and, in addition, the presentation of those

opinions by their most capable exponents.

Similarly, all members representing constituencies in Wales and Monmouth

are to be appointed to the Committee dealing with Bills relating

exclusively to that part of the country. Such Bills are not so numerous

as Bills relating to Scotland, but nevertheless it is most desirable

that in the discussion of a Welsh Bill minorities in Wales should be

represented not by members sitting for English constituencies, but by

representatives chosen by themselves who would be fully conversant with

Welsh conditions. In the absence of such representation there will

always remain the feeling that the minority has been unfairly treated,

and it is this sense of unfairness that so often calls forth opposition

of a partizan character, and such opposition is fatal to progress in

legislation.

Perhaps the South African National Convention affords the most striking

example of the capacity of a fully representative body to achieve

results of a satisfactory character and with little delay. Had this

Convention been packed either in the Boer or the British interest the

great task of South African Union would never have been accomplished.

The scrupulous care with which the rights of the minorities were

respected is the secret of the wonderful rapidity with which the

enormous difficulties involved in the task were overcome. Not only were

minorities awarded full representation on this Convention, but every

facility was afforded them in the choice of their delegates. The sense

of justice and the spirit of reasonableness go always hand in hand, and

the spirit of reasonableness alone makes possible the smooth and

efficient working of the legislative machine.

_Taking off the Whips._

Proportional representation will therefore not only facilitate the

formation of a stable executive in the new political conditions, but it

will be of very great value in creating the atmosphere in which

legislation can most easily be passed. Even with the present system of

false representation progress might often be more rapid if debate was

less partisan in character. The executive might easily refrain from

driving so hard the members of the party on which it rests for support.

All political questions are not of the same importance, and a step in

the direction of freer and less partizan conditions would be taken if

opportunities were more often given to members to vote in accordance

with their own judgment. The experiment of taking off the official Whips

more frequently might yield valuable results. Sir Courtenay Ilbert says,

however, that "open questions are not popular; they compel a member to

think for himself, which is always troublesome."[18] But the advantage

which would arise from the increase of the spirit of reasonableness

would far outweigh such disadvantages as might befall the less

politically minded members of the House. Far less importance too need be

attached to snap divisions, and, as Sir William Anson has suggested, it

should be generally understood that the results of such divisions need

not entail the resignation of a government.

_New political conditions._

Must then the practical politician still reject proportional

representation? Sir Charles Dilke, in evidence before the Royal

Commission on Electoral Systems,[19] attached great importance to the

views of political leaders upon the party system, and doubtless

practical politicians are guided by their views. The recent utterances,

however, of two great party leaders show that the new political

conditions and their consequences are fully recognized and appreciated

by them. Mr. Balfour, in a speech before the Scottish Conservative

Club,[20] emphasized the importance of having every shade of opinion

represented in the House of Commons: "There is a section," he said, "an

important section of Socialist opinion in the country, and it is quite

right that they should find voice in the House of Commons if their

numbers in the country render that desirable. We cannot, we do not, lose

by having Socialist members in the House of Commons, if there are many

Socialists in the country. We do not lose, we gain by it." Does this

utterance of a great Conservative leader indicate any belief that the

two-party system is the final and unchangeable expression of national

feeling. Mr. Asquith has said that "the rude and crude divisions which

used to correspond more or less accurately with the fact of a

representative assembly of two parties only, the Whig and the Tory, the

Right and the Left, or by whatever other names they may have been

called, with strictly drawn lines of demarcation with no debatable or

intermediate territory, that perhaps has become everywhere, more or

less, a thing of the past." Such opinions so freely expressed must

prepare the way for the more serious consideration of proportional

representation by the practical politicians. It will in no sense involve

the abandonment of party organization, but it will render those

organizations, to use Mr. Asquith's words once more, "elastic, flexible,

always adapting itself to shifting conditions." Party organization of

such a character is undoubtedly a fundamental condition of the smooth

working of the parliamentary machine, but another condition equally

fundamental is that the strength of parties within the House should bear

a direct and true relation to the strength of parties in the country.

Both these requirements are supplied by a system of proportional

representation.

[Footnote 1: "Doubts of Proportional Representation," _The Albany

Review,_ November 1907.]

[Footnote 2: 12 September 1908.]

[Footnote 3: T. R. and H. P. C. Ashworth, _Proportional Representation

applied to Party Government_, 1901, p. 195.]

[Footnote 4: _Report of Royal Commission on Electoral Systems_ (Cd.

5163) par. 133.]

[Footnote 5: Ibid., par. 126.]

[Footnote 6: Ibid., par. 134.]

[Footnote 7: Ibid., par. 88.]

[Footnote 8: Burke, _Thoughts on the Cause of the Present Discontents_.]

[Footnote 9: "The Regeneration of Parliaments," _Contemporary Review_,

June 1905.]

[Footnote 10: The Baden Socialists voted for the estimates in the Baden

Diet, and shortly after at the German Socialist Congress, Magdeburg, 21

September 1910, a motion was carried excluding from the party _ipso

facto_ any member who in future voted for the estimates. The South

German Socialists left the Congress House.--_Times_, 23 September 1910.]

[Footnote 11: T.R. and H.P.C. Ashworth, _Proportional Representation

Applied to Party Government: A New Electoral System_, 1901, p. 210.]

[Footnote 12: Address to members of the Russian Duma, House of Commons,

22 June 1909.]

[Footnote 13: _The Times_, 13 June 1910.]

[Footnote 14: M. Ostrogorski, _Democracy and the Organization of

Political Parties_. (Translation by F. Clarke, M.A.), vol. ii. p. 713.]

[Footnote 15: The Australian _Review of Reviews_, January 1906.]

[Footnote 16: _The Times_, 16 March 1909.]

[Footnote 17: _The Times_, 16 June 1909.]

[Footnote 18: Preface to _Parliamentary Procedure of the House of

Commons_, by Josef Redlich, p. xvii.]

[Footnote 19: _Minutes of Evidence of the Royal Commission on Electoral

Systems_ (Cd. 5152), Q. 1492.]

[Footnote 20: Glasgow, 22 October 1910.]

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