with
the assistance of
Confederation
of British Industry
Irish Congress of Trades Unions
NICVA (Northern Ireland Council for Voluntary Action)
Northern Ireland Agricultural Producers Association
Federation of Small Businesses
Ulster Farmers Union
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new agenda is
a network of organisations and individuals drawn from civil society:
business; trades unions; churches; universities and colleges; voluntary
organisations and community groups.
new
agenda was formed in 1997 to enable wider society to engage constructively
in the political process to help bring about a mutually acceptable
accommodation.
participation
in the new agenda network is open to any group or individual who
shares the common goal of lasting peace and reconciliation - no
longer prisoners of the past, but architects of the future.
new agenda
53 University Street
Belfast
BT7 1FY
Tel. 01232 232525
Fax. 01232 233334
e-mail: newagenda@gn.apc.org
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The
Civic Forum,
as provided for in the Good Friday Agreement (1), is currently the subject
of much discussion. This document is an attempt to clarify some of the
issues and to include a wide cross section of society in the process of
shaping the Forum. Ultimately it is for the First Minister and Deputy
First Minister to agree what sectors of society will be involved; to provide
administrative support; and to establish guidelines for the selection
of representatives. It is intended that the results of this consultation
exercise will be used to inform a proposal to be put to the First Minister
and Deputy First Minister by the New Agenda network in September 1998.
This consultative
document has been drawn up by New Agenda with the assistance of:
Confederation
of British Industry
Irish Congress of Trades Unions
NICVA (Northern Ireland Council for Voluntary Action)
Northern Ireland Agricultural Producers Association
Federation of Small Businesses
Ulster Farmers Union.
These organisations
are also in consultation with their own memberships.
Comments are
invited on any part of the text but responses to the questions in bold
italics are particularly requested. Please address your responses to:
Civic Forum Consultation
New Agenda
5 University Street
Belfast BT7 1FY
Attn: John Woods
Responses
should be made by Monday 31 August 1998.
1
Introduction
The
inclusion in the Good Friday Agreement of a commitment to establish a
Civic Forum represents an innovative and exciting element in the future
governance of Northern Ireland. While the Assembly faces the challenges
of the new political dispensation, the Civic Forum can make a vital contribution
in bringing the resources and goodwill of civil society to bear in support
of the Assemblys work.
The
traditional concept of government, in which administrations do things
to economies and people, is being replaced by the concept of governance
which depends on utilising the knowledge and skills present in society
through a wide range of partnerships and networks.
The
Civic Forum has the potential to nurture the effective governance of Northern
Ireland through marrying the skills and knowledge of the sectors it represents
with those of elected representatives, the public administration and wider
society.
This
is no simple task and will depend for its success on a clear commitment
to collaborative working within the Forum, reaching conclusions based
on consensus and making every effort to resolve disputes. It will rely
on Forum members acting as servants of wider society rather than guardians
of sectional interests. It will need to be taken seriously by the Assembly
and its Executive rather than being perceived as a mere producer of paper
which can be easily ignored. It must draw on the special expertise available
through civil society and it must avoid becoming a self-perpetuating elite.
Rather the Civic Forum must become widely owned by the society which it
serves.
***
2
Role of the Forum
2.1.
The Agreement states that the Civic Forum will act as a consultative mechanism
on social, economic and cultural issues. This is a very broad remit but
for the work of the Forum to be of real value and practical use, it will
need a philosophical basis to enable it to focus its energies. This should
be based on the particular potential strengths of the Forum.
2.2.
An obvious strength of the Forum, given the nature of the sectors nominated
in the agreement, is its potential to help develop economic and social
policies. Issues such as unemployment, sustainable development and crime,
for example, cut across the traditional departmental boundaries of Government.
The Civic Forum is not constrained to think along departmental lines and
would be well equipped to work on these so-called wicked(2) problems.
Such an approach would complement the more departmentally focused work
of the Assembly committees while avoiding unnecessary duplication
2.3.
A primary consideration must be that we live in a divided society. The
Civic Forum, as an unelected body, can assist the Assembly in overcoming
division by, for example, working on a particularly divisive issue, achieving
consensus within the Forum and making recommendations to the Assembly.
There is a range of issues which elected representatives are often, understandably,
reluctant to tackle due to the probability of having to pay a heavy electoral
price. And yet good government requires the taking of unpopular decisions.
The Civic Forum, being unelected, can help to render some decisions by
politicians more acceptable by being the first to grasp some of the more
difficult nettles.
2.4.
Innovation is a critical factor in the development of competitive and
sustainable regional economies and is itself reliant on a host of relationships
and partnerships which cross all the elements of civil and political society.
Politics in the modern era operates in a constantly changing environment
which requires a constant process of renewal in the way policy challenges
are faced. It would seem that the Civic Forum would have a particular
strength in identifying and nurturing such innovation and to fulfil this
role could use the ability to act on its own initiative to good effect.
2.5.
The Forum must be clear where it sits in relation to the Assembly and
its Executive. The Forum is not a second chamber and yet it can be much
more than a body which merely reacts to Assembly initiatives. It can be
a body which exists to complement the work of elected representatives;
to reinforce the democratic legitimacy of the Assembly; and to bring other
experience and expertise to bear in tackling the many and complex social
and economic challenges which face all modern governments.
2.6.
Being drawn from the different sectors which make up civil society, the
Forum has the capacity to develop a pro-active relationship with that
society. This can be done in terms of information, education, consultation
and participation (see 8 below).
***
3
Remit
As
evidenced by experience elsewhere, successful European regions are characterised
by a shared culture of commitment which embraces the different elements
of political and civil society.
3.1
The Civic Forum, therefore, will seek to complement the work of the Assembly.
It will:
- assist the Assembly
and its Executive in their endeavour to strive in every practical way
towards reconciliation and rapprochement within the framework of democratic
and agreed arrangements(3);
- be formally consulted
on the programme for government, related public spending priorities
and legislative proposals;
- initiate work
on strategic economic, social and cultural concerns, and respond to
requests from the Assembly to address specific issues;
- maintain and develop
a close working relationship with wider civil society.
3.2
The successful operation of this remit will require a close working relationship
with the Assembly and the Executive. Consultation should be carried out
at an early stage and before proposals become faits accomplis.
By the same token the Forum should respond with alacrity and effectively
to requests from the Assembly. The Forum should receive formal responses
from ministers to its recommendations including reasons for rejecting
any aspects of an opinion which are not accepted.
***
4
Composition
4.1.
The agreement states that the Civic Forum will comprise representatives
of the business, trade union and voluntary sectors, and such other sectors
as agreed by the First Minister and Deputy First Minister. Clearly the
intention is that the Forum should be non party political.
4.2.
The question arises, however, as to what other sectors may be included.
Clearly there must be a balance between adding to the list and producing
one which attempts to achieve the impossible task of directly reflecting
the complex web of organisations and relationships which constitute civil
society. Related to this is the question of how the interests of those
people traditionally excluded from decision making processes can be represented
in the Civic Forum.
4.3.
The naming of
a large number of interests, however, may tend to emphasise the role of
members of the Forum in directly representing specific interests which
could, in turn, militate against the aim of working in a collaborative
way on the basis of consensus. The aim should be cross-sectoral unity
rather than inter-sectoral rivalry. It should also be to serve society
as a whole. The number of sectors represented in the Forum in addition
to the three named in the agreement should be kept to a minimum.
4.4.
The interests of those traditionally excluded from decision making, should
be safeguarded in three ways. First, an appropriate balance of gender,
religion, age profile, ethnicity, geographical spread and socio-economic
background in the membership of the Forum must be achieved (see 6 below).
Secondly, the voluntary sector recognises its responsibility to represent
the interests of the socially excluded and the trades union movement recognises
its role in ensuring that the interests of the unemployed are represented.
Thirdly, the Forum must ensure that it constructs a close working relationship
with wider society (see 8 below).
4.5.
Two sectors,
rural and religious interests, not named in the agreement require specific
comment. Sometimes seen as one of the social partners in the European
context, the farmers case for inclusion merits consideration. It may
be acceptable to the main farming organisations to be represented through
the business sector while other rural interests could be reflected through
the voluntary sector. A requirement for geographical balance in the membership
of the Forum could also ensure that rural interests are adequately addressed
(see 6 below).
4.6.
Given the position of the churches in our society there is a strong argument
for the inclusion of faith communities in the Forum. Genuine difficulties
arise, however, in the fact that, unlike the sectors named in the Agreement,
the churches do not see themselves as representative of or accountable
to particular social groups. Direct representation is therefore likely
to be impracticable. As a corollary to this, the Forum should pay special
attention to consulting closely with the churches and other faiths on
issues of mutual concern.
4.7.
The Forum will find only a proportion of the expertise and views relevant
to particular areas of work within its own membership. Therefore the flexibility
to include others as appropriate will be crucial. This can be achieved
by co-option onto Forum committees or working groups. Such co-options
should include skilled individuals and representatives of appropriate
interest groups.
***
5.
Size
5.1.
The Forum could be relatively large (100+), indeed this would be necessary
if the kind of exhaustive representation of civil society referred to
at 4.2 is to be achieved. It seems inappropriate, however, that the Forum
should compete in size with the democratically legitimated Assembly. Such
a size would also be unwieldy, would make it difficult to work in a collaborative
and consensual way and may run the risk of an insider/outsider divide
with the insiders de facto being the only significant members.
5.2.
A Forum of around
50 strong, drawing membership from a limited number of sectors, is likely
to be the optimum size - small enough to meet effectively in plenary and
large enough to be able to form sub-committees or working groups.
***
6.
Selection
6.1.
It is important that the method of selection is consistent with the ethos
and role of the Forum. To this end, rather than members directly representing
their sectors, they should be drawn from them but should be free to operate
as individuals chosen for their broader qualities and capacities to articulate
the interests of the greater good. This is particularly important if
the composition of the Forum is drawn from a limited number of sectors
to ensure it remains capable of serving the interests of the whole of
society.
6.2.
Selection must ensure the highest possible quality of member is recruited
to the Forum. The Forum should seek to field the first division in representation
from civil society who are able to bring real energy and ability to the
task in hand.
6.3.
It is also vital that the selection procedure should be as open and transparent
as possible.
6.4.
Three scenarios - selection, election or appointment - suggest themselves.
6.4.1
Each sector could nominate its own representatives based on merit using
common guidelines to achieve a balance of religious belief, gender (at
least 40% of either gender), age, socio-economic background and geographical
spread from across NI. These individuals (rather more than there are places
available in the Forum) would then be interviewed by a selection body
whose job it would be to select the full membership of the Forum on the
basis of merit while achieving an overall balance within the Forum of
religious belief, gender, age, socio-economic background and a geographical
spread from across NI. While it is unlikely that any of the three sectors
nominated in the agreement will have difficulty in putting forward names,
the question arises as to what the makeup of the over-arching selection
body would be. One possibility would be a panel made up of two representatives
of each sector nominated in the agreement.
6.4.2.
Election via electoral colleges or panels has the potential to maximise
the representative nature of the Forum. A range of eligible bodies (drawn
from the agreed sectors) could be encouraged to apply for, and be held
on a register whose function would be to elect a certain number of representatives
to the Forum. There would be one college for each of a number of categories,
eg education; industry and commerce; youth affairs etc.
The
clear advantage of this system is its representative nature. And yet such
an emphasis on this aspect of the Forum could easily be perceived as a
threat to the Assembly which itself derives its legitimacy from the fact
that it is elected. Three further disadvantages suggest themselves. First
it seems unwieldy and it could prove difficult to establish exactly what
bodies would be eligible for inclusion on the register. Secondly, elections
could easily take on a party political flavour if candidates choose to
campaign in that way. Thirdly, balance, diversity and quality could easily
be sacrificed as the electoral procedure is inherently incapable of delivering
these.
6.4.3.
The third alternative is that Government could undertake the selection
process following normal procedures for appointment to public bodies.
An open recruitment process followed by interview and selection on merit
would be the key elements. The problem here lies in the fact that even
if very best practice in public appointment is followed it would be difficult
for the Forum to avoid the charge of being no more than a giant quango,
selection having been made by government and not by civil society itself.
6.5.
In determining
the term of office a balance must be struck between ensuring fresh injections
of talent and maintaining continuity. One way of addressing this would
be for the term of office to mirror that of the Assembly while allowing
no more than one third of the membership to continue for a second term.
Alternatively one quarter of the membership could be rotated every year.
The terms of office of the Chair and Vice-Chairs would be treated differently
(see 7.1. below).
What
method of selection/election/appointment should be employed?
What
term of office should Forum members serve for and in what way should membership
be rotated?
***
7.
Leadership and Administration
7.1.
The role of chair will be a critical one, particularly with regard to
the relationship between the Forum and the First Minister and Deputy First
Minister. A troika(4) of an outgoing chair, current chair, and
future chair, rotating between the sectors, say every two years, should
be responsible for day-to-day management and resolving difficult disputes.
The position of chair should be a full-time one while that of the vice-chairs
is likely to require a commitment of at least two days a week. The task
here is to balance the workload of these positions with the availability
of suitable candidates.
7.1.1.
There are three main options for the selection of the chair and vice-chairs.
They could be elected by the Forum as a whole; nominated by each sector;
or could simply apply for the job.
7.2.
It is unlikely that the Forum would want to meet in plenary session more
than once a month or fewer than four times a year. Sub-committees or working
groups would clearly have to meet much more frequently if the Forum is
to make a serious contribution. Forum members, however, are likely to
have considerable responsibilities elsewhere and a balance needs to be
found which would allow as a wide a range of people as possible to participate.
It is unlikely, therefore, that a commitment of more than one day a week
could be required. At the same time, much less than that would restrict
the amount of work tackled by the Forum and would suggest that members
did not see their Forum responsibilities as being near the top of their
working priorities.
7.3.
To facilitate participation a daily allowance, compensation for loss of
earnings or compensation to employers should be made available as appropriate.
Crèche facilities and disabled access should also be available.
7.4.
The Forum could easily be a talking shop if not properly backed up by
a secretariat feeding in draft papers and working up debates. The members
of the secretariat, moreover, would need to be sensitive to the specific
nature of the task, as well as capable policy thinkers, and able to relate
well to the rest of the system, notably the assembly and executive committee.
7.5.
The secretariat should be a mixed group of knowledgeable civil servants,
individuals with experience in one or other sector and others who are
simply policy innovators; the chemistry between them could itself assist
in generating dynamism. This requires substantial resources, but the contribution
the Forum can make to creative policy thinking will be well worth it.
Including administration staff, a secretariat of up to 10 would be entailed
and should be employed by the Forum. This should all be sanctioned by
the assembly, having been determined between the, initially shadow,
troika and the first and deputy first minister.
7.6.
Factors affecting the location of the Forum and its secretariat include
accessibility to members; accessibility to the public; and proximity to
the Assembly. The Interpoint building in Belfast would increase public
access but at the expense of relations with the Assembly which would be
facilitated by a location on the Stormont Estate. Given that public access
can be achieved in a range of imaginative ways (see 8 below), on balance
it would be better for the Forum to be located close to the Assembly,
wherever it may decide to settle.
What
is the optimum workload of the chair and vice-chairs and how long should
their terms of office be?
Where
should the Forum be located?
***
8.
Relating to wider society
8.1.
While the Civic Forum can enjoy no direct connection with wider society
via the electoral process, it can and must maintain an open and accessible
connection with that society. This does not mean that it must find ways
of acting as a loud hailer for the vox populi - the Forum must
rather act as a deliberative body if it is to contribute constructively
to the political process - but it must be firmly rooted in the civil society
it is designed to serve.
8.2.
Existing relationships between members and their sectors can provide some
of the necessary connection but the Forum as a whole and through its committees
should seek a close relationship with wider society. This can be achieved
in a number of ways.
8.2.1.
A clear communications, public relations and media strategy should be
pursued in order to keep the public informed of the work of the Forum
and to provide information on how to influence its work.
8.2.2.
Public hearings and publicly accessible meetings of the Forum and its
committees and working groups could be held in different parts of Northern
Ireland.
8.2.3.
"Citizens Juries" could be convened to deliberate on particular
issues.
8.2.4.
Use of the internet could provide a route for participation by a range
of organisations and individuals, especially if the Assembly were to develop
the use of electronic democracy in its own work.
8.2.5.
A deliberate policy, adequately resourced, of developing innovative participative
ways of working should be implemented.
What
other means of relating to wider society could be employed?
***
9.
Other relationships
9.1.
The Agreement provides for consideration to be given to establishing a
consultative forum, representative of civil society(5) on a North-South
basis. It is important that this forum is built into the same overall
framework as the Civic Forum, rather than just an add-on extra. Proper
structural links should be built with the Civic Forum and with the North-South
Council. The Civic Forum should actively develop this proposal by working
with the social partners in the Republic.
9.2.
Although the Agreement is silent on a civil society dimension to the proposals
for the British-Irish Council, it would seem in keeping with the spirit
of the Agreement that the Civic Forum should develop relationships with
equivalent bodies which fall within the British-Irish dimension.
*****
5
August 1998
End Notes
1
Section 34 under Strand One of The Agreement states: "A consultative Civic
Forum will be established. It will comprise representatives of the business,
trade union and voluntary sectors, and such other sectors as agreed by
the First Minister and Deputy First Minister. It will act as a consultative
mechanism on social, economic and cultural issues. The First Minister
and Deputy First Minister will by agreement provide administrative support
for the Civic Forum and establish guidelines for the selection of representatives
to the Civic Forum."
2
The term 'wicked' was first used by J Stewart and M Clarke of the University
of Birmingham in a paper entitled 'Handling the wicked issues - a challenge
for government' to describe the complex policy challenges which cut across
departmental boundaries.
3
Section 5 of Declaration of Support, page 1, The Agreement.
4
The idea of a 'troika' is derived from the European Union practice of
rotating the Presidency whereby the current Presidency is assisted by
the previous and helps the incoming to prepare for office.
5
Section 19 under Strand 2 of The Agreement states: "Consideration to be
given to the establishment of an independent consultative forum appointed
by the two Administrations, representative of civil society, comprising
the social partners and other members with expertise in social, cultural,
economic and other issues."
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