Proportional Representation: A Study in Methods of Election

by John H. Humphreys

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.