Party Funding: a Defective System?

There is no law or rule that requires any political party to disclose the source of any funds provided to it for any electoral or pre-electoral expenses. In my last but one blog I raised the issue of how timing electoral propaganda expenditure could

"... very adeptly sidesteps the rather archaic rule that any expenditure incurred prior to 30 days before the election does not fall to be calculated within the limits imposed on candidates by the Parliament Act. A reading of section 14(2) is also indicative that, if any expenditure is incurred on materials and services before the prescribed period, then it is not to be taken into account, even if used within the prescribed period (although this depends on the interpretation of the word "expenditure" and "incurred")."

It is also true that the only further control that exists on electoral expenditure is an absolute limit (section 14(1) Parliament Act) of £3,000 per candidate. This limit only applies during the prescribed period stated in my quote above. 

What these rules do not deal with at all is, first disclosure of who is making donations to any political party in Gibraltar. Secondly, the perception that arises that any individual or business that makes a substantial donation to a party does so in anticipation that he/she or it will receive an appropriate favour in return. In the UK there is a requirement for disclosure of any donation made to a party in the sum of £7,500 or more. Making rules to oblige disclosures in Gibraltar needs to be looked at urgently. Obviously the minimum amount that would need to be disclosed needs to be appropriately scaled down from the UK amount, in line with the limit on expenditure per candidate.

Expenditure by the GSD in an effort to get iteslf re-elected has already begun. It seems to be very lavish. Who is providing these funds to the GSD? Soon other parties, the GSLP/Liberal Alliance and the PDP, will be incurring expenditure. The public is entitled to know who is making donations to each political party to enable it to fund its election and pre-election campaign. For example, it would be very telling if the same individual or company were to be funding both major parties. It would be evidence of large favours being expected in return for the donation. There would be no other explanation for a desire to fund both main parties.

The issue of political donations to parties has been debated for years in the UK. The Committee on Standards in Public Life is now looking into it, once again. It is recognised, now, that the current system of allowing donations has to be discontinued. The only alternative is public funding. The debate is how the level of such funding can be determined? The favoured option seems to be to base funding on a per vote levy. The levy may or may not be what is introduced. Any system adopted will have its detractors but that is no reason for not finding a solution to such a palpably obvious defect in the electoral process. The same issue of finding an alternative method of party funding exists in Gibraltar. It is time that it be carefully looked at and debated with a view to resolution. Perhaps, waiting for the solution given to the problem in the UK may be wise. Waiting for the UK to resolve the election funding issue in order to follow it's example does not mean that making compulsory disclosure of donations public in Gibraltar should be delayed.

There is no doubting that putting a cap on expenditure has some small effect. A cap has always existed in Gibraltar. It does not exist in the UK at present, although one may be introduced. However, the cap does not resolve the issue of how funding affects politics nor unfair expenditure for the period immediately preceding the announcement of an election by the Chief Minister. However, what can or could influence policies and decisions is the source and level of largesse shown to a political party (especially if, as in Gibraltar, both factors remain secret), a cap on expenditure does little or nothing to prevent this but funding parties from public funds would.

Suspension of Blog During Election Campaign - CANCELLED!!

The main reason that I have concluded that it is best to suspend publication during the election campaign is that the primary purpose of this blog has been to stimulate new ideas in the political arena and also some debate. It is pleasing to me that many of the ideas put forward in this blog are now actively in debate in the political arena. Many have also been adopted as policy, primarily by the GSLP/Liberals but all the ideas published in this blog were available for all and any politician or political party to adopt. None were the exclusive domain of one party as against another. 

Publishing during the campaign will involve making partial value judgments on policy statements and policies of one or other party. This will result in acrimonious exchanges between persons who comment. I do not wish to participate in that divisive exercise. I will leave that to those politicians who are fighting the election. I will make one exception to the suspension of this blog, that is reserving my right to comment on any dirty or vicious campaigning, because Gibraltar really does not need that. If that sounds patronising, so be it

Glossy Propaganda and Social Issues

This is the week that the GSD governing party published its booklet "Celebrating 15 years of success for Gibraltar". The timing of its publication must raise eyebrows. It is not illegal but its timing certainly smacks of sharp practice. The only person who knows with exactitude the date of the impending General Election is the Chief Minister. It is his party who makes this publication available on the eve of it being called.

Timing it in this manner very adeptly sidesteps the rather archaic rule that any expenditure incurred prior to 30 days before the election does not fall to be calculated within the limits imposed on candidates by the Parliament Act. A reading of section 14(2) is also indicative that, if any expenditure is incurred on materials and services before the prescribed period, then it is not to be taken into account, even if used within the prescribed period (although this depends on the interpretation of the word "expenditure" and "incurred"). This loophole must give the incumbent government from time to time some advantage. 

The content of the GSD booklet says much. It certainly says that an enormous amount of money has been spent on tangible assets. It boasts that "Our economy has tripled in size, the number and quality of jobs has grown very significantly, our income tax rates have fallen dramatically, standards of living and take home pay have risen sharply ... We have invested most heavily in modernising and upgrading the most important things: our health service, our care services, our education and housing". Undoubtedly an impressive past record.

However questions need to be asked as to who has made it possible government or private enterprise? It would, however, be churlish not to recognise all the progress that has been achieved by Gibraltar, whether with or without the intervention of Government. It may be that those readers with specific knowledge of each "achievement" will reveal that all that glistens is not gold. I will leave that to them. It is also true to say that elections are fought and won on policies about the future not just past performance.

I will concentrate in this blog on a specific social issue. The issue that I want to focus on is the issue of housing and its impact on unsocial behaviour. It is an area in which I have anecdotal knowledge only, from reading the English press and watching current affairs programmes on TV for the last 40 odd years. My clear recollection from these sources is that high density housing, which is the only type of housing of general availability in Gibraltar, gives rise to many a social evil. These evils include vandalism and criminality, especially (but not limited to) amongst the youth. There is much comment  in Gibraltar that unsocial behaviour is growing, certainly the Magistrates and Juvenile Courts seem to be increasingly busy.

In many parts of the UK one solution found was to demolish what has come to be known as "sink estates" and to rebuild more "user friendly" housing. In the UK this has often been found to be prohibitively expensive. In Gibraltar, expense aside, space limitations completely preclude this alternative. What I do not know (but it cannot be beyond the wit of man to discover) is what other solutions have been found in the UK where expense has precluded demolition and redevelopment? My belief is that if future governments of Gibraltar do not give this growing social problem attention but simply carry on building high density estates, the day will arrive when the problem will be beyond reasonable and affordable management.

In part some assistance in solving the issue could be found in an educational policy, that does not only encompass academic achievement, but also is empowered to teach moral and social values. Educators will also need to be armed with adequate discipline and disciplinary powers. The carrot alone is not enough, however, there must be a stick and that stick is already sorely missing.

I refer to the need to provide a facility to which the courts can refer juveniles and children for corrective therapy. I am being overly polite, what is needed is an appropriate "boot camp" to send offenders to, so that they can have education and discipline instilled in them. Many suggest the reintroduction of compulsory military service. This is neither permitted nor feasible. It also affects and imposes upon youngsters who are positive and beneficial members of society without need, rhyme or reason.

Pre-Election Party Posturing ... Where Might it Go?

In this blog, I will review what each party has said so far on the eve of an announcement of the General Election. The future looks bleak for the GSD according to Opinion Polls but the GSD has not yet been defeated at the ballot box. Many commentators on this blog and word on the street is such that the GSD is not being seen as a potential winner at the forthcoming election. Most polls support this view. It would be foolish, however, to discard the GSD so early on.

PRC is a wily, cunning, intelligent individual and a politician with experience. The GSD will run an aggressive election campaign aimed at having a ruthless effect. All the signs of this are there, just read the 7 Days if you doubt that. The GSD has the advantage of an electorate that is conservative in its voting habits. The GSD has the advantage of having been in power 16 years and having spent our money generously. 

The GSD has made at least one massive political error: it has left itself open to be crticised for that which it criticised the GSLP in 1996, namely, lack of open, transparent and democratic government. The other two parties, the GSLP/liberals and the PDP have piled in to fill this void. The GSD has no answer. The GSD has made a second massive error: to beleive that by last minute profligacy with our money it will redress its electoral deficit. I believe that voters in Gibraltar are not so gullible: many see it as a final ego trip for the CM. Let us see what alternatives are on offer from the other parties before returning to the GSD "offering".

The PDP have been at the forefront of preaching reforms that would lead to greater democracy since its inception. In fact long before that, because Keith Azopardi was a GSD Minister. He is the person in the 1996 GSD manifesto who was advocating democratic reforms. Also Nick Cruz was a member of the GSD Executive before the schism. It seems neither was able to deliver on the democratisation front but an analysis of the reasons for the schism may provide a clue. They disagreed with the opportunism of an absorption of the Gibraltar Labour Party and the lack of democratic processes for leadership change within the GSD.

The PDP has indicated its five key pledges for the forthcoming election:

• A new style of politics- accountable, inclusive, responsive and constructive;
• Lower personal tax and better economic management;
• Better opportunities for young people;
• Better quality of life for all and sustainable use of our environment;
• Better public services.

All very laudable sound-bytes. We now need the PDP's manifesto to understand and assess how it intends to achieve these pledgesm and what the detail of these is. They are achievable with strict and proper prioritisation. What I believe in and commend the PDP for is playing the longer game rather than the short game that was played by the Gibraltar Labour Party. If the GSD were to lose the forthcoming election, then the PDP would be perfectly poised to become the second party in politics in Gibraltar for the next but one election. It is difficult to see the GSD surviving an election defeat: it simply is not a party in the sense of the word as I understand it.

Preparation for the forthcoming General election by the GSLP/Liberals has been more precise, specific and focused than the general pledges of the PDP. The first move was to amicably replace Joe Bosanno by Fabian Picardo as leader of the party. The second move has been the reinforcement of that change of personality with a marked change of politics and attitude. This change is best summarised by quoting Fabian Picardo from the GSLP/Liberal press release "Democratic and Political Reforms" of the 1st September 2011:

"Democracy is principally about the people and not just about politicians hence it is vital that every person who has a view is heard, not just the GSD government and the political parties ... we [GSLP/Liberals] have to  ask what parliament should be, what it presently is and what it should be in the 21st Century, democracy governed by the rule of law and a commitment to openness and devolving government to the people. ... in a true democracy a Parliament is is the voice of the people ... [and] about holding government ... to account ..." 

These are words backed up by specific policy announcements:

• immediate monthly meetings of Parliament;
• dedication of funds to Parliament;
• full time Speaker with a Deputy Speaker and adequate staffing;
• independent website to broadcast meetings of Parliament;
• personal emails for all MPs for direct access by constituents;
• better public, media, staff and MP facilities;
• the appointment of an Independent Commission on Democratic and Political Reform to report on ALL aspects of the electoral and parliamentary system.

In addition the GSLP/Liberals have made the following policy announcements:

• a Ministerial Code;
• a Freedom of Information Act;
• a 20 year rule for publication of "secret" papers;
• a Whistleblowers' Protection Act;
• greater access to Civil Servants by the public; 
• a Citizens' Charter for Responsive Government;
• reform of the planning system with true and greater public participation;
• support for the call for a Financial Services Ombudsman;
• a stand alone anti-bribery and anti-corruption law.

Impressive stuff from both parties opposing the GSD at the forthcoming election but what is the response of the GSD to date? Well it is certainly not any indication of a change in Leadership. Why would that be important? I leave aside the issue of personality, as each person will have his/her own opinion on that subject. Lack of change of the leader of the GSD is an important consideration because the failure of the GSD to change the style of government to date, by introducing more democracy, transparency and openness, must rest fairly and squarely on the shoulders of the GSD's leader. 

Why should anyone believe that the GSD will make any change on democratic reforms under his leadership, when for 16 years the GSD has reneged on its promise? In fact we know already that it will not. The GSD has forced a Motion through Parliament setting out its parliamentary and democratic reform agenda. This programme, outlined in the Motion, not only fails to deliver much of what is desired but, as an additional criticism, most of what it covers has been in the power of the CM to implement without legislative change throughout his term of office. Why should anyone believe that he will now deliver on any of it? Harsh criticism? Perhaps but, think about it, is it valid and deserved?

So what are the pre-election signs for the GSD so far:

• rush to provide public toilets;
• rush to provide playgrounds;
• rush to provide more parking;
• rush to to finish the Mid-Harbour Housing Project;
• rush to finish the air terminal;
• failure with airport tunnel/ring road.

The question on many people's lips is: how much is all the above costing us, the taxpayer?

What else does the GSD offer to date:

• reminders of long past pre-1996 events as a reason to keep the GSD in government;
• personal attacks on Fabian Picardo, not least in the 7 Days Newspaper;
• Motions in Parliament against Fabian Picardo are ruled out of order as containing "unparliamentary" language, which exemplified the GSD's undemocratic attitude to politics ;
• boast after boast about what has been 'achieved' in the past at the cost of taxpayers;
• a trilateral process that is no longer working;
• questions about the propriety of the last minute application of taxpayers' money to enhance electoral chances;
• no future policies.

What is the GSD byline for the coming election? "Gibraltar has never been better - keep trusting". Certainly the money that has gone into the coffers of government and more that has been borrowed has been spent with great alacrity. You will need to decide whether it has been spent applying the appropriate priorities. "keep trusting" ... well we would have to in the absence of democratic, parliamentary and electoral reforms, wouldn't we?

What is the GSLP/Liberals byline for the coming election? "Vote for Change". I agree with the GSD that change for the sake of change is not a good reason to change a government but that is to miss the point. The point is that if what is promised is policies that are good and with which voters agree, then it is change for a better alternative. Well look at what the GSLP/Liberals has promised already, in that alone it is highlighting issues promised by PRC's GSD and not delivered by it. Look at the manifesto when it is published. Then and only then decide whether it is change for the sake of change or change for the better.

What is the PDP byline for the coming election? "The Real Change". Well, I repeat everything that I have said about change in the previous paragraph. My problem is that it is little change in fact. It is a reversion to what the GSD should have done but did not do. This does not reflect well on those members of the PDP who were Ministers or members of the executive of the GSD: they all failed to change anything on the inside of the GSD. They need to persuade voters that they have the strength that they lacked on the inside to change things from outside of the GSD. It is a party that will initially attract disaffected GSD voters who do not want to shift across to the GSLP/Liberals. It is a party that may prosper, as I have already suggested, if it plays the long game. It has indicated that it will by discarding the possibility of a pre-election merger with the GSD.

Well the election has not been announced yet but the battle lines are being drawn. There will be a lot more to go on to decide who to vote for once the manifestos are published and each party's candidates are announced, but already there is enough to start making one's mind up. Elections are about the future not the past. What has been done in the past can be the subject of praise or criticism but voters already have the benefit or harm of what has been done or not done that should have been done. I know the GSD are not often amenable to advice but my advice to them is: come up with new policies because boasting about the past will not win you the election. Coming up with new policies under the same leader is a difficult, if not an impossible call, but the GSD may succeed in achieving it.