Composition and Election of the States: Proposed Changes (P.139/2020) – fourth amendment [P.139-2020 Amd.(4)]

STATES OF JERSEY

COMPOSITION AND ELECTION OF THE STATES: PROPOSED CHANGES (P.139/2020) – FOURTH AMENDMENT

Lodged au Greffe on 13th November 2020 by the Connétable of Grouville

STATES GREFFE

2020  P.139 Amd.(4)

COMPOSITION AND ELECTION OF THE STATES: PROPOSED CHANGES (P.139/2020) – FOURTH AMENDMENT

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1  PAGE 3, PARAGRAPH (c) –

After paragraph (c), insert the following new paragraph (d) –

"(d)  that the proposition is null and void and of no effect unless the

majority of the people voting in a referendum on the question of the proposed changes in the composition and election of the States, held in accordance with the Referendum (Jersey) Law 2017, have voted in favour of the proposed changes".

CONNÉTABLE OF GROUVILLE

Note:  After this amendment, the proposition would read as follows –

THE STATES are asked to decide whether they are of opinion

1. to agree that it should establish an Assembly of 49 Members, 37 elected from 9 districts, each choosing a number of representatives based on population, plus the 12 Parish Connétable s, and to replace the current Schedule 1 to the States of Jersey Law 2005 as follows –

2. that an independent Boundaries Commission should be established to begin work after the 2022 elections to make recommendations to ensure that  the  9  districts  remain  compliant  with  the  principles  cited  in paragraph (a), comprised of a Chair and 3 other members from outside the  Island  and  of  3  Jersey  residents,  all  with  relevant  skills  and experience, and to request the Privileges and Procedures Committee to take the necessary steps to identify, through a process overseen by the Appointments  Commission,  the  proposed  membership  of  the Commission for subsequent approval by the Assembly;
3. to request the Privileges and Procedures Committee to bring forward for debate the necessary legislative changes to alter the composition of the Assembly and create an independent Boundaries Commission in time for the 2022 elections; and
4. that the proposition is null and void and of no effect unless the majorityof the people voting in a referendum on the question of proposedchanges  in  the  composition  and  election  of  the  States,  held  inaccordance with the Referendum (Jersey) Law 2017, have voted infavour of the proposed changes.

REPORT

The Proposition, P.139/2020, brought by the Privileges and Procedures Committee, if adopted  as  amended  or  not,  will  fundamentally  change  the  way  in  which  States Members are elected. Any major change to the composition of the States of Jersey should take into account the views of Islanders and this can be achieved by holding a referendum.

The  Referendum  (Jersey)  Law  2017 is  a  law  that  "provides  for  the  holding  of referendums, for the establishment of a commission to advise on referendum questions and designate lead campaign groups, for the control of referendum expenses, and for related purposes".

The Referendum Commission ensures that any referendum is run in a fair and proper way with the results, therefore, being robust. Proposed changes to the composition and election of the States has been the topic of debate in the States Assembly on more than one occasion and has proved both controversial and divisive. My amendment proposes the requirement of a referendum before the proposition is adopted to allow every elector an equal vote on the proposed changes to the States Assembly. A Referendum is an example of direct democracy with the outcome providing a mandate from the general public.

P.139/2020 and the various amendments change the type of States members, the number of States Members, the size of districts they may represent all with slightly different variations.

What,  however,  is  the  current  view  of  the  general  public  regarding  Senators, Connétable s and Deputies in the States Assembly?

• Do the public want one type of States Member?

• Do they want to retain the Deputies?

• What of the Connétable s? The referendum result in 2014 showed that voters wanted to retain the Connétable s in the States but two of the amendments aim to remove the Connétable s

• Do the general public want "super parishes" where their representatives perhaps do not understand the needs of the smaller communities?

The Corporate Services Scrutiny Panel presented at report entitled  2017 Electoral Reform' (S.R.6/2017) to the States of Jersey which was a review into P.18/2017 where the Panel commissioned an Ipsos MORI Poll which engaged with 1,030 members of the public. One of the key findings (No.16) of the report was in relation to referendums and at page 25, para 65 states that "there is a clear desire from respondents to the Ipsos MORI poll, for a referendum on any constitutional change. 71% of respondents to the Panel's poll were in favour of holding a referendum on the changes proposed, with only 21% against."

The people of Jersey deserve the right to vote on these important issues given that the proposed changes will alter the parochial system which is at the very heart of our culture. All members should make a commitment to honour what will be a truly democratic decision if it is made following a referendum.

Financial and Manpower Implications

The financial and manpower implications of this proposition relate to the cost of running a standalone referendum which are estimated at £70,000.