public participation in environmental decision-makin
TRANSCRIPT
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Public Participation in Environmental Decision-Making Rhetoric to Reality?
Rosemary F James1
and Russell K Blamey2
Paper presented at the
1999 International Symposium on Society and Resource Management
Brisbane, Australia
7 - 10 July 1999
Introduction
There are many methods of and opportunities for public participation3
in environmental
decision-making in Australia. The emphasis in this paper is on methods of publicparticipation in environmental decision-making which lie outside the normalrepresentative political process, having stronger foundations in participatory democracy.
In particular, the potential of discursive and deliberative forms of participatory
democracy to provide alternative approaches to public participation in environmentalmanagement is discussed. One particular method, the citizens' jury, is considered in
some detail and key methodological issues concerned with the application of the methodare discussed.
The paper is structured as follows. The role of public participation in environmental
management is considered in the next section, including a brief overview of the notion ofparticipatory democracy. Typologies of participation are considered in the next section,
along with the nature of public participation in national park planning in New SouthWales. Deliberative forms of public participation are then introduced, and some of the
key methodological issues pertaining to the conduct of citizens' juries are identified, anddiscussed at length. Some brief conclusions are drawn.
The role of public participation in environmental management
The history of participation in development projects is perhaps longer and more diverse
than that of participation in conservation and environmental matters, and may thus beinformative to consider. Participatory approaches were first discussed in the
1
Centre for Resource and Environmental Studies, Australian National University and CRC for Weed
Management Systems. Email: [email protected]
Urban and Environmental Program, Research School of Social Sciences, Australian National University3
In the context of this paper, public participation is used to mean "...active involvement of people in
making decisions about the implementation of processes, programmes and projects which affect them."
(Slocum and Thomas-Slatyer 1995, p3).
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development literature in the late 1950s; failures of development projects were in many
cases attributed to inadequacies of project design and implementation, as a consequenceof insufficient involvement by local populations (Rahnema, 1992). This view is
expressed in much of the development and conservation literature, and relies in the mainon the premises that the quality of the project design and/or stakeholder support for the
project will be reduced if effective participation has not occurred (see, for example,Davis-Case, 1989). The more recent involvement of communities in conservation-related
projects in less developed countries, dating from the mid-1980s, including those focusingon sustainable development, derives from a similar basis - the emerging realisation that
conservation projects operating in a manner, or with objectives, unacceptable orunimportant to local people will have reduced chances of success (see, for example,
Pimbert and Pretty, 1997).
More recently, inclusion of the views of those potentially affected by developmentprojects has been seen not merely as a task to be undertaken in order to reduce project
failure, but as a necessity on ethical grounds. There is an emerging trend to recognise
the need for empowerment of communities so they may participate in decisions whichaffect them (Slocum and Thomas-Slatyer, 1995).
Hence it appears that two bases are commonly used in justifying public participation indevelopment and conservation projects in less developed countries. Firstly, that the
project will fail or at the least meet with reduced success, if all the relevant stakeholdersdo not participate effectively. Secondly, that the stakeholders have a right to be involved.
As Slocum and Thomas-Slatyer (1995, p. 11) note, "central to these approaches is thebelief that ordinary people are capable of critical reflection and analysis and that their
knowledge is relevant and necessary."
The emergence of interest in public participation in decision-making in developedcountries has been well-documented by Webler and Renn (1995). The authors note the
surge of public interest in environmental matters in the 1970s, and the subsequent legalprovision of various means of public access to government decision-making.
Theoretical basis
The theoretical basis for public participation lies largely with participatory democracy,
which, in simple literal terms, means 'rule by the people'. Chekki (1979, xiii) refers toparticipatory democracy as "all acts of citizens that are intended to influence the
behaviour of those empowered to make the decisions". Participatory democracy thusinvolves decentralised or dispersed forms of decision-making and the direct involvement
of amateurs in the making of decisions (Cook and Morgan, 1971). Associated with thedispersion of power is the notion of community empowerment. Empowerment involves
self-perceptions of competence associated with an active engagement in one's communityand an understanding of one's sociopolitical environment. Rather than taking the external
environment as a given, empowered individuals learn how to exert greater control over it4
4
Empowerment implies involvement of members of the community in the development, implementation
and evaluation of interventions. Professionals tend to work with members of the community as 'coequal
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(Zimmerman, 1995). Community development is a classic example of an empowering
form of participatory democracy.
A common distinction in participatory democracy is between co-determination modelsand self-determination models. The former refers to mutual cooperation between non-
expert citizens and trained experts and a form of joint decision-making. The latter refersto the complete autonomy of citizens in decision-making (Chekki 1979).
Under the tenets of participatory democratic theory, as noted by Webler and Renn (1995),
participation of the public is functionally and morally central to democracy. Publicparticipation is seen as essential to advise decision-makers adequately of community
needs and preferences. Some of the foundations which have been used to supportparticipatory democratic theory and hence public participation in government decision-
making are summarized in Table 1.
The application of public participation methods will not necessarily satisfy principles of
participatory democracy, as described by some of the authors cited in Table 1, however.In particular, the development, definition and communication of the public will requires,at the least, information, time and means for deliberation, and a method by which to
reliably transmit the results of that deliberation to decision-makers.
Typologies of participationAs noted earlier, there is an extensive literature on the effective use of public
participation in development and conservation projects in less developed countries. Thisliterature addresses issues such as the purposes to which participation may be put, the
stages of the project life cycle at which it should be employed, the level of power withregard to the decision-making process which should be afforded to the participants and
the methods which may be appropriate under different circumstances. For example,Pimbert and Pretty (1997) list some 30 participatory methods and approaches. By
contrast, there is relatively little published material available regarding methods of publicparticipation in environmental decision-making in Australia and evaluations of the
effectiveness of such participation. Many agencies involved in natural resourcemanagement, however, include public participation of various types in their decision-
making processes.
Various typologies of public participation have been published in recent years. Gujit(1996) cited a number, including those presented by Biggs (1989); Hart (1992); Stiefel
and Wolfe (1994); and Cornwall (1996). One which is of particular relevance in thiscontext is that presented by Pimbert and Pretty (1997) , in their examination of
participation in conservation projects in less developed countries. The key features ofthe classification, which is of relevance to developed countries also, are detailed in Table
2. It is noteworthy that only the use of methods falling into the last three categories ofthe typology would potentially lead to participatory democracy. The necessary
partners' (Zimmerman, 1995). Their role is one of facilitation and support. Community dependence on
these professionals is reduced by providing opportunities for members of the community to develop the
skills necessary to carry out tasks.
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conditions information, time and means for deliberation, and a method to communicate
the results of the deliberation to decision-makers are potentially associated only withfunctional and interactive participation and self-mobilisation, as the terms are employed
in the typology. The participation classification developed by Pimbert and Pretty inrelation to conservation projects corresponds with that documented by Arnstein (1969),
and subsequently much-cited, which was based primarily on urban development andwelfare programs in the United States. The points of equivalence are summarized in
Table 3.
Both typologies are arranged on the basis of the level of power accorded to theparticipants, a common basis for such classifications. Alternative classifications can be
envisaged based on the participatory methodologies employed, on the stage of the projectcycle at which participation occurs, and on the extent of legislative support for
participation. For example, Taberner, Brunton et al. (1996) provided a brief classificationof public participation in environmental protection and planning law in Australia based
on the form of participation employed. Ramsay and Rowe (1995) noted that public
participation in environmental decision-making in Australia could occur at a number ofstages, including:. formulation of policy and law;
. rights of notification or access to information;
. rights to seek review of decisions;
. rights to force a Government agency to take action; and
. the ability to bring court proceedings to prevent contravention of the rights to
participation.
The typology developed by Pimbert and Pretty encompasses the types of publicparticipation most commonly used in Australia. Some examples of these are shown in
Table 4. The examples provided serve to illustrate the lack of opportunity for the publicdeliberation on the environmental issues under consideration. In key areas of
environmental management, such as management planning for national parks, publicparticipation is limited to the capacity to provide comments on a draft plan. Even this
capacity, as is noted in the accompanying text box, is subject to stringent constraints.
It is clear that this approach to public participation in park management planning is onlyone of several modes available. The presumed advantages and disadvantages of the
approach are considered briefly in Table 5. Clearly, there are a number of potentialshortcomings associated with the method used to seek public participation in the
formulation of national park management plans in the case examined. Perhaps the mostsignificant failings of this approach to public participation are that those with vested
interests are more likely to become involved, participants are often ill-informed, and itfails to provide any means by which conflicting views on the allocation of the park's
physical resources and/or the most appropriate modes of management can be resolved. Itis here that some of the more deliberative and representative forms of public participation
may have something to offer.
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..
...Public participation in national park management planning in New South Wales
The state of New South Wales contains some 103 national parks, covering an area of 3.8 m ha. This
represents approximately 4.7 % of the area of the state (New South Wales National Parks and WildlifeService 1998). These areas fall under the responsibility of the New South Wales National Parks and
Wildlife Service (NSW NPWS). Under the provisions of theNational Parks and Wildlife Act(1974),
a plan of management is required to be prepared for each national park. As at 30 June 1998, plans ofmanagement were in force for 72 of the state's 103 national parks.
The plan of management is a legally binding document, which details the future management of thearea concerned.
The planning process is briefly as follows:
. the Director-General (the senior civil servant) of the NSW NPWS gives notice that a draftplan of management has been prepared;
. the plan is made available for public comment, for at least one month;
. the draft plan and copies of all representations received from the public are referred to theNational Parks and Wildlife Advisory Council for consideration. (This body comprises 15
representatives of various community groups and interests and the Director-General);
. the Council prepares recommendations regarding the draft plan, which are then submitted bythe Director-General to the responsible Minister for consideration. The Minister may either
adopt the plan or refer it back to the Director-General and the Council for further
consideration.
(New South Wales National Parks and Wildlife Service, 1998)
The public, then, has the opportunity for participation by two means by submission when the plan is
made available for comment, and through the community representatives on the Advisory Council.There are explicit limitations placed on the former mode of participation, however. Instructions
accompanying a plan recently available for comment include the following:. ' the draft plan of management will not be amended if your submission:
. makes points ... that were considered during plan preparation;...
. contributes options that are not feasible (for example, not consistent with existing
legislation or Government policy).....'
(New South Wales National Parks and Wildlife Service 1999)
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The deliberative alternative
Whilst it is generally acknowledged that participatory democracy will often stimulate
information acquisition and various degrees of deliberation, this tends not to be theemphasis. The past couple of decades have seen renewed interest in deliberative forms of
participatory democracy. In simple terms, deliberative, or discursive, democracy isparticipatory democracy in which reason, argument and deliberation have primacy over
intuition5.
Deliberative democracy can be defined as "the idea that legitimate lawmaking issuesfrom the public deliberation of citizens" (Bohnian and Rehg, 1997). According to
Bohman (1997, p321), "deliberation is democratic, to the extent that it is based on aprocess of reaching reasoned agreement among free and equal citizens". The four ideals
of deliberative democracy are thus that it is free, reasoned, equal and consensual. What is
meant by each of these principles, and the extent that they can be expected to be satisfiedin practice, has been the subject of much discussion. For example, whilst discursivedemocracy strives for consensus, reasoned disagreement is considered more realistic
(Dryzek, 1990). Deliberative democracy clearly requires that citizens are psychologicallywilling and able to construct and publicly express their own reasons, and consider those
expressed by others (Bohman, 1997). Structural requirements, pertaining to thecircumstances in which society is organised and the nature of the participatory
mechanism, are additional.
Deliberative democracy can be contrasted with other forms of democracy such as elitetheory in political sociology and the economic theory of democracy. Schumpeter (1943,
p251) in his seminal work on elite theory argued that consensual outcomes reflecting thecommon good cannot be reached due to "irreducible differences of ultimate values which
compromise could only maim and degrade". According to elite theory, citizens inmodern democracies are politically uninformed, apathetic and manipulable (Bohnian and
Rehg, 1997). Governance is hence best left to leadership elites with the scope ofdemocracy restricted to the election of these leaders. Whilst a more rational notion of the
citizen is advanced by Down's (1957) economic theory of democracy, the theory hascommonalities with elite theory in so far as voting is seen as the primary form of
democratic control and the political process is characterised by conflict, bargaining andexchange, rather than public reasoning. Deliberative democracy views the political
process as involving more than rational self-interested competition governed bybargaining and social choice mechanisms (Bohnian and Rehg, 1997). Individuals are seen
to be capable of acting as citizens rather than consumers.
According to Christiano (1997), there are three ways that public deliberation can be seento be of value. First, it may produce valuable outcomes, in terms of a) direct moral or
5
Whilst deliberative and discursive democracy are similar and tend to be used interchangeably, Dryzek's
(1990) discursive theory has stronger roots in Habermasian critical theory (Dryzek pers comm; Blaug,
1999).
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non-moral consequences of decisions; b) greater legitimacy resulting from greater
understanding and consensus; and c) the creation of a more socially aware and virtuouscitizenry. Second, the process of deliberation may have intrinsic value to the extent that
it promotes self-esteem, mutual respect and so on, independently of the issues underdeliberation. Participation in public deliberation may thus represent part of the 'good
life'. Finally, public deliberation may facilitate political justification in the sense that itcan be argued that such processes are more defensible than some others.
In the next section, a form of participatory democracy that emphasises deliberative
processes is outlined.
The citizen's juryIn developed countries, over the last 30 years there has been growing interest in a group
of public participation methods grounded in deliberative democracy. The methodsinclude citizens' juries, consensus conferences, planning cells and deliberative polls. The
foundations common to all are concerns regarding the failure of representative
democracy to provide adequate consideration of the views of the public, and the need forparticipatory approaches that are deliberative and empowering.
The method which is of immediate interest in this work is the citizens' jury. Almostsimultaneously, and certainly independently, Peter Dienel in Germany and Ned Crosby in
the United States developed similar techniques for deliberative decision-making bymembers of the public on matters of public policy significance. The planungszelle, or
planning cell, method, was developed in Germany in 1969 and the citizens' jury methodwas developed in 1971 (Crosby, 1996) ). The citizens' jury method has since been used
in many parts of the world and in many different types of application. Some recentapplications are summarised in Table 6.
The principal features of the method, as detailed in Crosby (1991, 1996) are briefly as
follow:. the topic should be one which serves the general public interest and not sectional
interests;. the jury is given a specific charge to examine;
. the charge should be clear and concise;
. the process is facilitated;
. the panel is selected either randomly or by use of stratified random sampling;
. selection bases may be demographic, attitudinal or both;
. the panel members are paid;
. the panel members are allowed time to consider the matter adequately;
. information is presented to the panel by witnesses who represent divergentviewpoints;
. the panel members have sufficient time to deliberate on and review all theirfindings and recommendations;
. thus the panel meets most usually for 2-4 days; and
. the final report of the jury includes an evaluation of the process by the jurors.
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Consideration of this method in comparison with that currently employed in, for
example, the finalisation of management plans for national parks in New South Wales,leads to identification of a number of advantages. The perceived advantages of this
method include the following:. participants are able to reflect as citizens on the issue;
. participants have time and opportunity to consider the issue adequately;. participants are given access to all information they require in order to consider
the issue; and. participants deliberate in a group and thus the approach mimics the usual
processes of societal learning and decision-making.
The method will shortly be trialled on a matter concerning national park management inNew South Wales, and in the process of finalisation of the application a number of
methodological issues have been identified. These are discussed in the following section.
Methodological issues
Whilst the technique has been in use since the early 1970s, such use has been limited andindividual applications have not been conducted under conditions to which statisticalanalysis can be applied. In addition, applications of the technique have been conducted
in widely disparate social and cultural settings, on a diversity of topics. Hence therefinement of the technique has been largely driven by experiences and events at each of
the applications, rather than by a strategically planned and incremental research agenda.
Nonetheless, a number of key methodological issues can be identified from the literature.These, and some comments on them, follow.
Jury selection
There are two aspects of jury selection: the identification of the population from whichthe sample will be drawn, and the method of selection of the sample.
Identification of the relevant populationIt is clear that the population to be sampled should relate closely to the issue to be
considered, and that the population selected will, as noted by Smith and Wales (1999a),be determined by the nature and scale of the problem. In spite of the potential impact of
this aspect of the process on the outcomes from citizens' juries, the matter has receivedlittle attention in the literature to date. This may be in part be due to the dynamic nature
of the sphere of interest for particular issues. For example, use of the Internet and otherforms of media in environmental campaigns in recent years has served to broaden the
constituency of the environmental activists rapidly and effectively. Global campaigns arenow waged against unsustainable harvesting of tropical timbers and tuna fisheries which
are not considered 'dolphin-safe'. Hence the constituency relevant to a particular citizens' jury charge may alter rapidly, if the topic is of sufficient interest. In general, however,
the population to be sampled can be defined as that which would be subject to clearimpact by the decision on the charge.
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Sample selectionThe dominant focus in the literature has been on the method of selection of the jury from
the target population. The basis for jury selection has varied in the applications
examined. This is one of the central issues of the process, and the basis for the choice ofselection method lies in the logical underpinning of the technique. If one is assuming that
the panel is to represent the entire community, then stratified random sampling on somebasis is required. Crosby (1991) considers that the jury members should be a microcosm
of the society from which they come, and should therefore be selected not only on thebasis of demographic criteria but also on the basis of attitude to the issue on which the
panel will deliberate. The jury is, in Crosby's model, proportionally representative of thecommunity as a whole. Examples of this approach are provided in Jefferson Center
(1989), Crosby (1991), and Aldred and Jacobs (1997).
This issue of representativeness is a key concern in the selection of the panel. A decisionmust be made whether to use a random sample or a stratified random sample. Dienel, in
the conduct of planning cells in Germany, is reported by Smith and Wales to use the
former approach. However, a degree of representativeness can be expected to result fromthe fact that the planning cells are replicated simultaneously and/or in series. In additionto the increased inclusiveness resulting from replication (up to 20 replications have beenreported), the cells each contain 25 members (Smith and Wales, 1999a).
Given the lower number of participants in citizens' juries and the usual practice of
running only a single jury on a topic, the use of stratified random sampling appearsessential.
Smith and Wales (1999a) raise some interesting points in relation to the use of stratified
random sampling, however, given the low numbers involved in citizens' juries, and
propose the use of the term 'inclusiveness' instead of 'representativeness'. As the basis forthe citizens' jury process lies in deliberative democracy, and participants are encouragedto consider the issue at hand from a societal rather than a sectional viewpoint, the use of
demographic data in selection of the strata may be unnecessary. It could be taken toimply that representatives of sectional groups are unable to deliberate as citizens and are
instead expected to act as representatives of those sectional groups6.
The idea of artificial constituencies also arises. For example, as Smith and Wales(1999a) ask, are all elderly jurors expected to represent all other elderly citizens? These
authors also raise the practical difficulty that no small sample can adequately represent allthe societal dimensions. The authors posit that there is a conflict between representation
and democratic deliberation. This need not be so, however, at the practical level of anindividual citizens' jury, if the participants are clearly advised that they are to deliberate
as citizens with collective interests rather than as representatives for particular sectionalinterests.
6
On the other hand, different demographic groups may simply have different ways of conceptualising
issues.
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In spite of these difficulties, there would appear to be no better basis for jury selection
than the use of stratified random sampling. This is based not on the grounds of statisticalvalidity, as the low sample size and lack of replication of the process exclude the use of
inferential statistics, but on the basis of what Coote and Lenaghan (1997) refer to assymbolic representation, in contrast to proportional representation.
Whilst there may questions regarding the assumptions underlying the design of the strata,
the absence of an explicit basis for jury selection would be even more troubling andwould leave the results of the process open to question by groups and individuals
concerned with the outcome, regarding the inclusiveness of the process.
Nature of the topic and wording of the chargeThe nature of the topic and the wording of the specific charge placed before the jury are
key matters in determining the effectiveness of the process and the capacity of the panelto reach a decision . The charge should be 'short, direct and clear..' (Crosby, 1991). The
charge generally consists of a statement of the central issue and several derived questions
which the jurors should address (Crosby, 1995). Coote and Lenaghan (1997) provideguidance on appropriate wording of the charge, based on their experience in running twojuries on the same topic, but with different approaches to the wording of the charge. Both
open-ended and more specific charges were used, with the latter proving more effective.
In addition, it is clear that the topic must be sufficiently complex and interesting toengage all the panel throughout the jury process. In focus groups run recently by the
authors to examine the proposed citizens' jury on weed control on a particular nationalpark, it was made clear that a jury would not be sufficiently absorbed by the topic to
consider it over the two day period envisaged.
Duration of the processCrosby (1991) suggested that the process could run from 10 hours to 10 days. Reports in
the literature suggest durations of 4 days in general (see, for example, Crosby 1996;Aldred and Jacobs, 1997). Clearly the duration should reflect the complexity of the
charge and the volume and complexity of material to be presented to the panel.
Sequencing of activitiesThe key task of the panel is to reach a considered verdict regarding the charge. In order
to accomplish this, there appear to be a number of essential elements in the jury process.These include aspects related directly to the task and those related to the development of
a suitable set of relationships and of a mode of interacting between the panel membersthemselves and the panel and the facilitator and witnesses.
From assessment of published reports of citizens' juries, principally those provided by
Crosby (1991, 1996) and Aldred and Jacobs (1997), and from development of the processto be followed in a forthcoming citizens' jury, the following appear to be essential
elements for successful operation for a jury.
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Group dynamics and jury operation
. explicit development of a set of operating rules for the jury, to govern thebehaviour of members towards each other (Smith and Wales (1999a) use
the term 'rules of conduct');. sufficient time for informal development of operating relationships within
the group;. clarification of procedural issues regarding the process; and
. evaluation of the process.
Jury process. familiarisation with the charge;
. development of jury questions regarding the charge;
. presentations by the witnesses;
. consideration of written and oral material presented by witnesses;
. development of questions for specific witnesses; and
. preparation of the response to the charge.
These activities may occur either in plenary sessions or in smaller groups which report
back to the larger group. It should be noted that the sequence of these elements and thefrequency and duration of each can be expected to vary widely across juries.
Accordingly, two of the most critical features in the design and operation of a citizens' jury would appear to be the design of a schedule which can permit variation during the
process of the jury, and the selection of a facilitator who is similarly able to respond toemerging group requirements.
Size of the jury
Jury sizes reported in the literature range from 12 (Crosby, 1991), 16 (Aldred andJacobs,1997) to 24 (Jefferson Centre, 1989). In determination of the panel size,
consideration needs to be given to the need to maximise inclusiveness on demographicand attitudinal grounds, whilst at the same time being cognisant of the difficulties posed
by management of large groups with a single facilitator. Smith and Wales (1999a) notethat the small size of the jury appears to facilitate the deliberative process, by increasing
the opportunity for all panel members to participate. The panel size should be smallenough to ensure adequate opportunity for participation.
Selection of the witnesses
The selection of appropriate witnesses is a potential source of conflict in juries where thetopic is contentious. Crosby (1991) advises that witnesses should be selected to represent
differing viewpoints. Imbalances in the number of witnesses presented from each side ofthe issue, or unequal allocations of time for presentation by the witnesses may result in
allegations of bias.
Smith and Wales (1999a) refer to the need to ensure that the informed decision-makinganticipated from a citizens' jury does not become manipulated decision-making. To this
point one could add that the jury should be able to be certain that it has had access to all
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required witnesses. One would anticipate strong reactions and limited deliberation on the
charge from a jury which suspected that the witnesses provided had been selected tofavour a particular viewpoint and the addition of a provision for the panel to summon
witnesses would to some extent allay those concerns.
Crosby (1991), Coote and Lenaghan (1997) and Smith and Wales (1999a) advocate theallocation of free time towards the end of the jury schedule in order to allow the panel to
call any additional witnesses it may require. Whilst this may provide some organisationaldifficulties, and witnesses may not always be available, the benefits may be significant in
terms of both jury faith in the integrity of the process and of enhanced deliberativecapacity.
Accuracy of information provided by the witnesses
One of the criticisms which has been levelled regarding the recently-conducted consensusconference in Australia
7is that there was no mechanism for correction of factual errors in
the material presented by witnesses. This applied both to written and oral material. This
is noted as a potential issue by Smith and Wales (1999b), amongst other authors. It isclear that there needs to be some type of mechanism which allows for correction offactual inaccuracies in material presented by the witnesses.
Crosby (1995) discussed this issue at some length and concluded a discovery process (as
employed in the legal system) might be used for written material, and a neutral expertcould be present during the jury process to provide clarification and advice to the panel
on technical matters.
FacilitationAs noted earlier, the choice of facilitator is considered a critical element in the successful
conduct of a citizens' jury. In addition, the facilitator should be sufficiently empoweredby the commissioning agency that she/he can assume a clear position of authority in the
minds of the jurors in relation to jury procedural matters.
There is little discussion in the literature on the characteristics of effective facilitators forcitizens' juries, but a number of key characteristics are identified in the literature on focus
groups. These include the following.The facilitator should :
. be a good listener;
. have a demonstrated capacity to manage groups;
. be a good communicator;
. have a basic knowledge of the topic (Krueger 1989).
7
A consensus conference is in effect an extended citizens' jury, lasting in this case 3 days plus two prior
weekends. One of the key differences between the two techniques is the far greater role of the panel in
developing the key question or charge in a consensus conference. Information on the technique can be
found in Grundahl (1995). This particular consensus conference was conducted from March 10-12, 1999,
under the auspices of the Australian Consumers' Association, on the topic of Gene Technology in the Food
Chain.
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To these characteristics should be added that of possession of an understanding of the
philosophical basis of citizens' juries and an intention and capacity to comply with theprotocol for the jury as determined by the commissioning agency.
Facilitators with prior experience in running focus groups should be made aware of the
differences between focus groups and citizens' juries. It should be stressed to them thatthe purposes of the two methods are quite different. In the former, the intention is to
extract information on the views of the participants, whereas in the second the intention isto assist the participants in deliberating an issue (Coote and Lenaghan, 1997).
The decision rule
The general expectation is that the jury will reach a consensual agreement. Smith andWales (1999b) noted the need for the panel to be allowed space to work through
disagreements regarding the decision on the charge, and the need to guard againstfacilitators who seek to push for consensus in advance of the group resolving differences
of opinion. However, consensus, whilst desirable, is not essential to the process (Coote
and Lenaghan, 1997).
BiasIt is critical to the success of the individual citizens' jury itself, to the adoption of the
results and to the further development of the technique that a citizens' jury should be asfree from bias as possible. Bias in this sense is used to indicate imbalance of some type
in the process of the citizens' jury, such that a particular outcome is rendered more likelyas a consequence of structural features of the citizens' jury application, rather than being
determined solely by the panel's considered views regarding the issue. Sources of bias inthis sense may originate from the following. (The references cited are some of those in
which the presence of this source of bias was either explored or identified.). panel selection (Smith and Wales, 1999a);
. framing of the charge (Armour, 1995; Smith and Wales, 1999b);
. background material presented to the panel (Aldred and Jacobs, 1997);
. witness selection (Armour, 1995; Smith and Wales, 1999b);
. unequal access by witnesses to the panel (Jefferson Center, 1989);
. greater or lesser presentation skills on the parts of the witnesses;
. differences in the complexity of arguments used by the witnesses;
. behaviour of the facilitator; and
. behaviour of the associated staff (Jefferson Center, 1989);
Many of these sources of bias can be controlled through the design of the process of the
individual citizens' jury.
Adoption of the resultIndications from the focus groups conducted recently in order to structure the proposed
citizens' jury on weed control in national parks were that few people would participateunless they were certain that the results of the citizens' jury would be used by the relevant
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agencies. This concern was also expressed by the citizen panel in the recent Australian
consensus conference.
Hence it is considered essential that the relationship between those conducting the paneland the commissioning agency (where there is one) be close, and that the charge be
structured so as to ensure that adoption of the outcome is possible. To that end, thecharge should, in general, be worded so as to exclude the possibility of outcomes which
are outside the current legal framework and would therefore not be implemented.However, there may be circumstances in which the commissioning agency is willing to
consider extra-legal outcomes, and the charge may be worded to reflect that, with theaddition of a proviso that all efforts will be made to modify the law. This approach
would be of particular benefit in situations where the current law is consideredinapplicable to the prevailing social circumstances and attitudes, and where the jury is
charged to recommend amendments.
Smith and Wales (1999a) advocate the signing of a pre-jury contract between the
commissioning agency, the facilitating agency and the jurors. One of the clauses of thecontract would require the commissioning agency to either adopt the results of the jury orto explain why it has decided not to do so. Clearly this approach will not be appropriate
to all citizens' juries; for example, those reported by the Jefferson Center (1989) andCrosby (1991) were concerned with assessment of candidates for political office.
However, in cases where the charge concerns some issue of allocation of public resourcesor determination of public policy, such an approach would ensure jurors of the value
which would be placed on the results of their endeavours.
As has been mentioned earlier, a citizens' jury will be run shortly in New South Wales onthe issue of investment in protected area management, with particular reference to the
management of environmental weeds. At this stage it is intended that the methodologicalissues raised above will be handled as shown in Table 7.
Conclusion
Citizens' juries offer an alternative to the more commonly applied means of publicparticipation in environmental management in Australia. Decisions on such matters are
frequently complex and involve trade-offs which may not be readily apparent. Althoughgaining in popularity, the technique is one which has not been widely applied. Hence
there are major methodological issues to be explored. The technique is soon to be appliedby the authors in an attempt to assess the environmental values associated with an
environmental management issue within coastal national parks in an Australian state.
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Table 1
Participatory democratic theory
Author
Rosenbaum (1978) Public participation is necessary for democraticfunctionality through its role in ensuring
political equality and popular sovereignty.
Rousseau (1968) Public participation is required to ensure thatthe public will becomes clear .
Van Valey and Petersen (1987) Public participation is required to ensure that
all citizens have equal opportunity to influenceoutcomes.
Rosenbaum (1978) Citizens need to be able to participate in orderto protect their interests.
Dienel (1989) Participation is necessary in order to define the
collective will.
Daneke, Garcia et al. (1983) Participation serves to enhance personal
development.
Rosenbaum (1979) Participation serves to enhance socialdevelopment.
Modified from Webler and Renn (1995)
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Table 2
A Typology of Participation
Description Components of each type
Passive participation . unilateral announcement by authorities;
. no room for response by others;
. people are told what will happen or has happened
Participation in
information- giving
. information extracted from participants through
surveys or questionnaires;. participants cannot influence outcomes, as results of
information collection are not shared
Participation byconsultation
. participants are consulted;
. views are noted;
. problem definition and solutions may be modified;
. no obligation to accept participants' views
Participation for
material incentives
. participants provide resources e.g. labour;
. participants have no stake in continued involvement
once the project ends
Functional
participation
. participants form groups to meet pre-determined
project objectives
. groups often dependent on external initiators
Interactiveparticipation
. people participate in joint analysis of options;
. formation or strengthening of local groups occurs;
. groups may continue after project ends
Self-mobilisation . participants initiate action independently of theproject.
Increasingcommunity
empowerment
Adapted from Pimbert and Pretty (1997).
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Table 3
Comparison of two typologies
Pimbert and Pretty (1997) Arnstein (1969)
Passive participation Manipulation / Therapy / Informing
Participation in information- giving Consultation
Participation by consultation Placation
Participation for material incentives
Functional participation
Interactive participation Partnership / Delegated power
Self-mobilisation Citizen control
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Table 4
Public participation in environmental management in Australia
Description Components Australian Environmental
Example
Passive participation . unilateral announcement by
authorities;
. no room for response by others;
. people are told what will happen
or has happened
. declaration of new national
parks
Participation ininformation- giving
. information extracted fromparticipants through surveys or
questionnaires;
. participants cannot influenceoutcomes, as results of information
collection are not shared
. visitor surveys conducted innational parks
Participation byconsultation
. participants are consulted;
. views are noted;
. problem definition and solutions
may be modified;
. no obligation to accept participants'views
. national park and state forestplanning in Victoria* .
national park planning in New
South Wales
Participation formaterial incentives
. participants provide resources e.g.labour- in exchange for payment;
. participants have no stake in
continued involvement once theproject ends
. hiring of local residents asseasonal labour involved in
national park or forest
management
Functional
participation
. participants form groups to meet
pre-determined project objectives. groups often dependent on external
initiators
. Friends of the Parks groups
Interactiveparticipation
. people participate in joint analysisof options;
. formation or strengthening of local
groups occurs;
. groups may continue after projectends
. planning for the GreatBarrier Reef Marine Park
. CYPLUS (Cape York
Planning and Land Use Study)
Self-mobilisation . participants initiate actionindependently of the project.
. Landcare groups
* New South Wales and Victoria are two of the Australian states.
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Table 5
Participation in park management planning
From the Perspective of the Park Management Agency
Advantages of the current method Disadvantages of the current method
Seeking responses is low cost. May produce conflicting responses.
All literate members of the community are
given the chance to comment.
May attract dissent rather than develop accord.
The process is tightly controlled and thereforeeasily managed, with strict rules governing
timing and type of input.
Analysis of responses may be high cost,depending on volume and complexity.
The process is readily understood by thecommunity.
Respondents may be ill-informed andresponses may be technically incorrect or
legally infeasible.
The process is consistent from plan to plan, and
therefore interest groups can develop a modus
operandi which will cover responses tomultiple plans. This may result in higher
quality submissions, with more attention to
detail and less to process.
May not represent the views of the community,
but rather those of vocal, interested minorities.
The process is consistent from plan to plan, and
therefore staff of the agency can develop amodus operandi which will cover responses tomultiple plans.
Illiterate members of the community, or those
for whom English is a second language, havelimited access to the process.
Responses may be limited to those with time
available to devote to the matter. Significantsectors may therefore be omitted from the
process.
From the Perspective of the Community
Anyone can potentially participate access to
the process does not need to be granted.
Participation requires time, and access to
information.
The process is readily understood by the
community.
Participants' views may not be accepted.
Participation involves low direct costs. The mechanism for resolution of conflictsbetween submissions, and between individual
submissions and the plan, is not known.
The process is consistent from plan to plan, andtherefore interest groups can develop a modus
Similarly, the details of such resolution are notmade public.
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operandi which will cover responses tomultiple plans.
Illiterate members of the community, or those
for whom English is a second language, do nothave access to the process.
Comments which are considered to disagreewith Government policy are not considered.
The approach does not provide an avenue for
debate on more fundamental issues such as thelegislation underpinning park management in
the state.
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Table 6
Applications of the Citizens' Jury Method
Year Topic Location
Author
1997 Wetland creation Ely, UK
Aldred and Jacobs (1997)
1996 Allocation and management of
health services
UK
Coote and Lenaghan (1997)
1993 School management Australia
Carson (1996)
1993 US Federal budget US
Crosby (1996)
1990 Gubernatorial election Minnesota, USACrosby (1991)
Table 7
Citizens' jury on protected area management
Issue Design Approach
Jury selection Population: New South WalesSample method: stratified random sampling.
Framing of the charge The charge has been expanded to encompass management ofall coastal New South Wales national parks.
Duration of the process One night and two days.
Size of the jury Maximum of 16.
Accuracy of information fromwitnesses Written material will be exchanged amongst witnesses inadvance of the jury hearings.A neutral expert will be on hand to assist the jury.