1. An ‘Epistocratic and Deliberative’ approach to Police governance A Conceptual Framework Ali Malik SIPR/Police Scotland Postgraduate Symposium Tuesday 30 th June 2015

2. The new landscape

3. What is Epistocracy? Epistocracy comes from the greek word ‘Episteme’ and means “rule of the knowers” or knowledge based rule (Estlund 2008: 7, 277) Constitutional and Institutional (Holst 2012) All encompassing and includes technical knowledge Experts would represent a broad range of skills (Laing and Fossey 2011) Copyright: Wellcome Library no. 543313i

4. Why Epistocracy? Direct democratic control does not guarantee democratic policing (Jones, Newburn and Smith 1996: 189) Local police boards were democratic but often criticised for lack of expertise, capability and capacity (HMICS: Tomkins 2009; Laing and Fossey 2011) Democratic control itself is a “fiercely contested” prize between local and central interests (Walker 2000:34) Operational Independence, police professionalism makes governance complex (Jones 2008: 702) Epistocracy would counterbalance police expertise, who themselves are “knowledge brokers” in their own field (Ericson 1994: 151)

5. Epistocracy with a ‘Deliberative’ ideal “No individual actor can claim perfect knowledge” (Kuper 2004: 103). Deliberation between many experts across institutional boundaries would ensure that best decisions are achieved (Forcehimes 2010: 75) Deliberation would involve mutual respect, reasoning and claims and counter-claims to expert knowledge (Lafont 2015: 45) Governance through persuasion and force of the better argument rather than coercion (Dryzek 2000:1)

6. Applying the framework to the Scottish Police Authority – Early Analysis “we are a critical friend and advisor so it’s a bit about sharing that knowledge and then just saying look have you thought this through, have you thought about other options, how do you know?” (Interview notes, SPA 2015) “the local police authority before would leave some comments and we’d go thanks very much we’ll look at your comments and we’ll decide if we change the plan or not. But now we look at their (SPA’s) comments we tell them why we have not taken their comments on board” (Interview notes, Police Scotland 2015) Membership on ‘broad basis’ Public Board meetings Joint SIPR/SPA/Police Scotland Think tanks Partners in Scrutiny meetings Tracker Polls to get a “wider sense of public perceptions” Joint Agreement on Police Policy Engagement

7. References Dryzek, J. (2000). Deliberative Democracy And Beyond Liberals, Critics, Contestations. Oxford: Oxford University Press. Ericson, R. (1994). 'The division of expert knowledge in policing and security', British Journal of Sociology, 45(2), 149-175. Estlund, D. (2008). Democratic authority: A philosophical framework. Princeton: Princeton University Press. Forcehimes, A. (2010). Deliberative Democracy with a Spine: Epistemic Agency as Political Authority. Dialogue, 52(2-3), 69-78. Holst, C. (2012). ‘What is Epistocracy?’ in Andersen Øyen, S., Lund-Olsen, T. and Sørensen Vaage, N. (eds) Sacred Science? On Science and Its Interrelations with Religious Worldviews, Wageningen: Wageningen Academic Publishers, pp. 41-54. Jones, T. (2008). The accountability of policing. In: T. Newburn, ed. Handbook of Policing. Cullompton: Willan. Jones, T., Newburn, T. and Smith, D. (1996). Policing and the idea of democracy. British Journal of Criminology, 36(2), 182-198. Kuper, A. (2004). Democracy Beyond Borders: Justice and Representation in Global Institutions. Oxford: Oxford University Press Lafont, C. (2015). Deliberation, Participation, and Democratic Legitimacy: Should Deliberative Mini-publics Shape Public Policy? The Journal of Political Philosophy, 23(1), pp. 40-63. Laing, A. and Fossey, E. (2011). Governance and accountability of policing in Scotland: a discussion paper by HM Inspectorate of Constabulary. HMIC. Loader, I. and Walker, N. (2007). Civilizing Security. Cambridge: Cambridge University Press. Tomkins, P. (2009). Independent review of policing in Scotland: A report for the Cabinet Secretary for Justice, Edinburgh: HMIC. Walker, N. (2000). Policing in a Changing Constitutional Order. London: Sweet and Maxwell.