Lessons from scrap metal - Laws to protect the rich but shackles to the poor

Garth O. Taylor, Contributor

AS PART of a largely misguided exercise, various political philosophers throughout history, including the likes of Hobbes, Locke and Rousseau, have attributed tainted virtue to government by explaining the legitimacy of political authority as being derived from the consent of the governed. For them, ordinary people organise themselves into societies and agree to abide by common rules to get common protection and benefits that would not otherwise be attainable.

Indeed, social contract theory has long held the thesis that governments exist to carry out the bidding of the majority, but it is clear such theories are not without shortcomings, in that, they fail to adequately explain, among other things, the historical reality that all states were created through force and tyrannical conquests instead of the social contract ideal, as well as deviations and incongruous occurrences such as when government starts to engage behavior and make decisions that do not benefit the majority. Or better yet, engage selfish behavior that seems to benefit itself more than anyone else.

Closure of scrap metal industry

The recent ban placed on exports from the scrap metal industry by the Government and particularly the minister of industry, investment and commerce, Dr Christopher Tufton, lends sophistication to the view that leadership is not always free of vice and is seen by some as a case in point when the idealistic theory is of little or no bearing on the harsh reality. A situation similar to when the programmed robot turns against the overzealous but innovative scientist, or when the creature turns against its overbearing but all-loving creator.

Of course, some will argue that this is a premature conclusion since the Government only acted according to the few viable options which were available. But, the truth is that there is a clear indication from the turn of events that the government's decision may have been without proper analysis.

Unfortunately, when the solution efforts of the Government so far concerning the scrap-metal debacle is carefully examined, we are hard-pressed for their praise since the only proposal by the ministry was to place the burden to fix the problem completely on the scrap-metal dealers who were given six months to stop the theft or face complete shutdown of the industry. Moreover, isn't solving problems such as these through policy exactly what taxpayers pay the Government to do?

In fact, one cannot help but wonder if the Government based its decision to close the industry solely on the basis that various groups from other sectors publicly voiced their misfortunes with scrap metal theft. Believe it or not, this would not be surprising since Jamaica has its own history of making national decisions which benefit only few special interests that are able to hold the main political parties to ransom while weaving their web of influence which usually result in the outspoken from lesser groups being shackled. Either political parties do what the interest groups want or face the daunting prospect of their political rivals accessing more of the scarce contributions needed to fuel political campaigns. Well, in any event it will be interesting to see the fruits that such behaviour bear if ordinary people ever were to decide that they too will apply pressure when they are most relevant to politicians - during general elections.

On April 29, 2010 the Guyanese government announced a temporary ban on its export of scrap metal due to similar problems with vandalism as is being faced here in Jamaica. Maybe it was this example that was followed by our Ministry of Industry, Investment and Commerce based on their apparent similarities. Indeed, apart from both being two of the region's poorest countries, both have also had stagnant economies for the greater part of the last decade and the level of disparity between the rich and poor that coexists within both countries is unparalleled in the region. Notwithstanding, it is doubtful whether this provides any comfort or justification to satisfy those most affected, since they too perhaps share popular sentiments that Jamaica should strive to reach back its position of dominance in Caricom rather than follow every whimsy of our sometimes worst-off counterparts.

Government failure

After all is said and done, if the Government is truly unable to tackle this problem at the policy level then it is something that shouldn't go unnoticed by well-thinking Jamaicans. Of course the extent to which such a revelation affects the mind is up to the individual, but the implications of such an admission by the country's leadership could very well be an indication that the Government has failed the people.

Additionally, if the Government being the virtuous agent of the masses does not carry out its role in the grand scheme then there is a clear breach of obligation on its part, but one must wonder how such actions by a government can go almost unnoticed in a parliamentary democracy such as ours where there is an Opposition party to provide constructive criticism and alternatives as it watchdogs the actions of the Government. No doubt democracy is at its best in our country when opposition is strongest, but nothing is left to the imagination when the opposition seems to be asleep. Notwithstanding, the rationale for government failure, according to the theorists, must also plague an opposition party which itself forms the government from time to time.

Natural Justice

If the Government has breached the social contract with the people, then the law is available to provide real remedies where philosophy fails and it is open for those disenfranchised to petition the courts with principles such as the right to be heard and legitimate expectation. As much as it would not be farfetched for this course to lead to the ministry's decision being overturned or even to compensating the scrap metal dealers, the contract theories do remind us that the law is itself man-made. The implication is that the same tainted virtue may prove infectious.

Until that time comes, we can look back at the peculiar announcement by the Ministry of Industry, Investment and Commerce that over the years scrap metal theft has cost the country $1 billion. But if this is so, why is it only now that this draconian measure has been implemented?

Various answers to this question are looming, but the most tempting is that the nation is gearing up for general elections and the silly season has begun. This means that the Government, like any other in the modern world, is now in the mindset where calls from those with resources to help its cause ring louder than those who are crying for help. But that usually happens in the several months leading up to the elections. Only time will tell if the tables will turn as the d-day draws nearer. After all, voting results are usually based on the choices the mass of Jamaicans make on the day of the ballots. Whether or not those affected by the scrap metal shutdown will react negatively in the polls remains to be seen. In the meantime, the underbelly of Jamaica may teach the Government and Opposition to shed the defects described by Locke, follow development theory and leave Guyana's path alone.

Garth O. Taylor is an economist/attorney-at-law based in Kingston and can be contacted at taylorp_2001@yahoo.com