Code of Good Practice for allotted mini-publics involved with legislation

This text is meant as a start to discuss the problem, it is not even a draft. My hope is nevertheless that we will reach that point, or even farther.

Introduction: As the use of mini-publics appointed by sortition is spreading around the world, and is reaching the legislative level, a code of good practice is essential. A glossary is also necessary.

We know that not all essential criteria can always be met, but we have to know at least what to aim for and how to refute well-founded criticism and protect a valuable democratic system. Citizens must know that there are essential choices to make that are of significant impact on the outcome and on the reliability of the results.

The first question we have to ask ourselves is what the kind of application it is we have at hand. The participation ladder from Arnstein may be of help. The participation cube from Archon Fung is somewhat more complicated but more up to date. Or we can look for an answer ourselves.

– Is the proposed mini-public of significant influence on legislation? Answers may differ, but we have to make a decision.

The Oregon CIR system has a noticeable influence on legislative decision making (by referendum in this case). Providing information is a very important issue in any form of democratic legislation.

The Washington state panel that sets the wages of elected legislators has no influence on legislation.

The Irish panel is also not of direct significant influence on legislation. It makes non-binding suggestions to the elected body which decides to whether to initiate a referendum or not.

A Jury in the judicial system has no relation to legislative use.

For this reasons I suggest that the first code of good practice is about the lowest legislative level, the Oregon CIR (or alike).  Although the Oregon CIR is difficult to place at the Arnstein ladder I propose to qualify it at level 6 for the sake of comparing it with other initiatives.

Irregularities in the selection process of the Irish Citizen Assembly

This is over a year old, but is relevant to the recent discussions here of allotment procedures.

Seven people who took part in the last Citizens’ Assembly weren’t recruited properly
Feb 21st 2018

A TOTAL OF seven people who took part in the last meeting of the Citizens’ Assembly were improperly recruited and shouldn’t have been there. The Citizens’ Assembly confirmed that seven of the 99 citizens present at a meeting on 13 and 14 January had been recruited improperly by Red C Research and Marketing.

In statements from both the Citizens’ Assembly and Red C, the fault was placed on one specific Red C recruiter. Both bodies said that after an extensive internal audit it was determined that the issue was isolated to January’s Assembly meeting and that past meetings were not affected.
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Sortition Foundation’s selection & stratification services: how do they compare to the standards?

There was some discussion on Equality-by-Lot recently about developing allotment standards for sortition-based decision making bodies. Among other issues, the question of stratification got some attention. It turns out that Sortition Foundation, which is engaged in such activities, has a document (PDF) describing their procedure. It could be interesting and useful to compare the procedure laid out in the document with proposals for standards which were discussed. I invite readers to do so in the comments below or by contributing a post.

Scotland’s opposition parties attacking the government’s citizen assembly proposal as untrustworthy

The National reports:

Citizens’ Assembly: Scotland in Union tells Scots to stay away
By Andrew Learmonth

SCOTLAND’s staunchest Unionists are trying to kibosh the Scottish Government’s plans for Citizens’ Assembly before they’ve even started.

Scotland in Union has warned Scots to stay away, saying they’ll be “misused” for independence.

Nicola Sturgeon announced the initiative back in May, saying the Government was keen to follow the example of Ireland where the assemblies were used to find consensus on reforming Ireland’s abortion laws. [Details.]

But the Tories and the LibDems have already said they don’t want to be involved, calling the assemblies a “stunt to kick-start the conversation about independence”.
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Citizens’ Assembly of Scotland

The Scottish government has announced that it is going to set up a citizens’ assembly “to help shape Scotland’s future” (turns out this is also a business opportunity):

The process of establishing the new Citizens’ Assembly to explore some of the major challenges facing Scotland has begun.

A contractor is being sought to randomly select 120 members of the public to serve on the Assembly. The individuals will be broadly representative of Scotland’s adult population in terms of age, gender, socio-economic class, ethnic group, geography and political attitudes.

The Assembly will consider three broad issues:

* what kind of country should be

* how can Scotland best overcome challenges, including those arising from Brexit

* what further work is required to enable people to make informed choices about the future of Scotland

Schedule and remuneration:

Members will be identified by early September, with the Assembly meeting on six weekends between the autumn and Spring 2020.

Assembly members will receive a gift of thanks of £200 per weekend to recognise their time and contribution. Travel, accommodation and other reasonable costs, such as child care, will also be covered.

CommonSpace has some reactions from experts. Oliver Escobar, senior lecturer in Public Policy at the University of Edinburgh and an expert on deliberative/participative democracy inquires about the institutional context of the assembly and wants to make sure it reflects an elite consensus:

This is a momentous announcement – a potential milestone for democratic innovation in Scotland.
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Sortition in the press

Some recent media items mentioning sortition:

Verena Friederike Hasel, Politico, May 16:

Germany’s democracy problem: History has made Germans reluctant to let the mob decide.

BERLIN — Germany, like many places in Europe, is badly in need of democratic rejuvenation.

But where other countries are experimenting with bringing voices from the street into the political process, Germany’s dark history casts a shadow on efforts to break down barriers to political participation.

There’s no question Germany would benefit from listening to its citizens and engaging in some talk therapy. […]

In ancient Greece, that cradle of democracy, citizens’ assemblies consisted of 500 people who were elected by lot. After serving for a year, they were replaced by others. Lately, with democracy in crisis, the Greek model has served as an inspiration for modern-day democracies. Ireland, for example, set up a citizens’ assembly in 2016. […]

The Germans have been more reluctant to tinker with their political system. But on a Saturday morning in late February, 44 people gathered in Frankfurt. The choice of venue had symbolic value. Frankfurt, nowadays known as the country’s financial hub, was home to the first freely elected German parliament in 1848. This time around, people gathered for an event called Demokratiekonvent. It’s the brainchild of Dominik Herold, a 27-year-old politics major who wanted to take a cue from Ireland, knowing full well that “Germany still has a long way to go.”
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An Australian local community co-op allots board members

The Kyneton and District Town Square Co-op is an organization that was formed in order to manage a piece of land for community use. It has announced that three of the co-op’s board members will be allotted. (It seems that there are 4 additional board members who were elected.) The process is handled by a Sydney-based consultancy named ‘Deliberately Engaging’.