Composition and Election of the States Assembly - election dates for Connétables

STATES OF JERSEY

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COMPOSITION AND ELECTION OF THE STATES ASSEMBLY: ELECTION DATES FOR CONNÉTABLES

Lodged au Greffe on 19th April 2007 by the Comité des Connétable s

STATES GREFFE

PROPOSITION

THE STATES are asked to decide whether they are of opinion

(a ) to agree that the 12 parish Connétable s should all be elected on a single election day – (i ) f o r a term of office of 4 years;

(i i) w i t h the first such election to take place in the autumn of 2008;

(i ii ) o n a day that is neither an election day for Senators nor Deputies under the States of Jersey

Law 2005;

(b ) to request the Privileges and Procedures Committee to bring forward for approval the necessary

legislation to give effect to the proposal including appropriate transitional arrangements to ensure that all 12   Connétable s can be elected on a single election day by December 2008 at the latest.

COMITÉ DES CONNÉTABLES

REPORT

Office of Connétable

1. The office of Connétable evolved atcustomary law and the role is includedinthe1771Code. Each Connétable serves a termof office of 3 years and, as a result ofhundredsofyearsof evolution, there is no order in the datesof elections throughout the Island.
2. The "States ofJersey" formerly comprisedthe Jurats, the Connétable s and the Rectors. This constitution was revised in1948 when the Jurats were replaced bySenators,theRectors were removedand additional Deputies were createdbythe "States of Jersey Law". The Connétable s remained membersof the States but as their office is established under customary law the subsequent laws have referred to their membership as being "by virtue oftheiroffice" rather than as a result of that office beingcreatedby the "States of Jersey Law".
3. The wording "by virtue oftheiroffice" gives a perception that the Connétable s donot have a right to be in the States. Further, there isfrequentcomment that a Connétable is not elected to his office. Appendix 1 sets out the role of the Connétable taken from "The Working Party on Parish Assemblies Report" R.C.38/2001. Thereportincludes –

• The Connétable s sit in the States not as elected members but by dint of their office of Head of the Parish. They may speak and vote in the States. They are not delegates of the Parish; they are

its representative.

4. A Connétable is, however, elected at a public election under the same Law that regulates the elections of Senators, Deputies, Centeniers and ProcureursduBienPublic (the PublicElections(Jersey)Law2002).
5. The fact that there is not a single election date for all Connétable s mayadd to the perception that Connétable s arenotelectedandmayalso mean that evenwhenan election is contested it doesnot receive the same publicity as the general elections for Senators and Deputies.
6. It is clear therefore that the Connétable is elected at a publicelection and that he represents his Parish in the States Assembly (the Codeof 1771 specifically required matters tobe lodged for14 days to enable "the Constables to consult their Constituents if they judgenecessary").

Support for a single election day for Connétable s

7. Therehavebeenvariouspropositions relating to the composition of the States Assembly but, todate,no decision has been reached on some key issues including that of a single election day. The "Reportof the Review Panelon the Machinery of GovernmentinJersey" dated December 2000 recommended –

• One General election only for all Members of the States and for the 12 Parish Constables.

9. In a letter to the President of the Policy and Resources Committee in March 2001, the Chairman of the Comité des Connétable s wrote –

• The Connétable s also support, in principle, a single election day for all States members and for Connétable s to all be elected on the same day. However, given the role of the Connétable as head

of the Parish and his duty with regard to elections, it may be impractical for Connétable s to be elected on the same day as other States members.

9. The Comitéhas therefore decided to bring this proposition for a single election day for all Connétable s and, during its deliberations,has considered someof the issues relating to the role of the Connétable in the States.

Should the Connétable be a States member?

10. The questionofwhether a Connétable should "by virtue of his office" be a memberof the States continues to be raised. It has been suggested that a Connétable could stand for election both as a Connétable and as a member of the Statesifhewishesto retain a seat in the States. However, the Connétable s believe this overlooks a number of issues which it seems sensible to address before commenting further on a single election day for Connétable s.
11. Public discussionabout the constitution of the StatesAssembly,andoptionsfor reform, frequently suggest that parishionerselecttheir Connétable to run the Parish and notbecause he/she is a memberof the States. The Connétable sconsider this iserroneousas, in theirexperience,thosewhodo turn outto vote do soin the certain knowledge that the person elected will represent them in the States as well as run the Parish. Indeed,the Connétable 's role as a memberof the States hasdeterredsome from standing for Connétable because they have not wishedtocommit to that States role.
12. The Comité has considered whetherthe role of Connétable would be clearer if the words "whoare membersof the States by virtue of their office" were removed from Article 2(1) of the States of Jersey Law 2005. However, the Comité is advised that such a change would necessitate a numberofother changes to the law as the States of Jersey Law sets out the criteria in respect of qualification and disqualification for office for other States members, declaration onnomination,the oath of office, etc,and these would havetobeamended. Bringing the office of Connétable within the Statesof Jersey Law would alsocut some ofthe ties between the Connétable s and the Court; the Royal Courthasnopowersto discipline a Senator or Deputy whereasitis able to rebuke a Connétable . The office of Connétable is a mix ofparochialand States administration.
13. The argument isalso frequently used that a Connétable is not electedbecause the election isuncontested. The ReviewPanelon the MachineryofGovernmentreported that during the period of its review 4 new Connétable s hadbeenelectedand a fifth re-elected, all of them unopposed.This statistic is misleading when considering the current Connétable s asthefollowingshows that 9 have faced a contested election at least onceduring their termsof office.

S t. P e te r – 3 - way contest in 2001; re-elected unopposed in 2004

G r o u v il le – 2 -way contest in 2003; re-elected unopposed in 2004

S t. S a v io u r – 3-way contest in 1998; re-elected unopposed in 2001 and 2004

S t. C l e m e n t – elected unopposed in 2001; 2 way contest in 2004

S t. H e l ie r – 2 -way contest in 2001; re-elected unopposed in 2004

T r in i ty – 2 - w ay contest in 2002; re-elected unopposed in 2005

S t. B r e la d e – 2-way contest in 2005

S t. L a w r e n c e – 2-way contest in 2003; re-elected unopposed in 2006

S t. M  ar t in –  3-way contest in 2006

S t. O u ë n –  e lected unopposed since 1994

S t. M  ar y –  e lected unopposed since 2000

S t. J o h n – e l ected unopposed in 2006.

14. A similar exercise for the office of Deputy wouldshow that at every general electionsomeareelected for thefirsttime,orreturned for further terms,unopposedforexample at the November 2005 elections, 6

Deputies were returned unopposed (one of whom was standing for the first time). Although recent elections for

Senator have been fiercely contested, there have been years when there were so few candidates that many were virtually guaranteed a place.

Policing role of Connétable s

15. Is a Connétable just a "police officer"whoshouldnot sit in a legislative assemblybecauseofhis policing powers?Certainly the views expressed by the ReviewPanel on the Machinery of Governmentof a tendency for Connétable s to comeupthe honorary police ladderand/orbe elected uncontested can be shown tobeless and less the case.Of the current Connétable s, only 3 were serving asan Honorary Police officer whenelected although 4 others have served at sometime in the Honorary Police oftheir Parish as well as in other honorary roles.
16. Further, the Connétable s haveaccepted that they should cease to fulfil an operational policing role so that they may sit in the States (although they will retain overall responsibility for the effective and efficient policing of theirparish).ThepositionofChefdePolice has been formalised in recent years as the officer responsibleforoperationalpolicing in the Parish andtheComitédes Chefs de Police hasalso been createdbystatute.These changes were agreed by the States on 19th May1998 (P.49/1998 – see Appendix 2).

Are Connétable s active States members?

17. Do the Connétable s speak less than other States members and therefore play a less active role in the States? Whilst it couldbesaid that some Connétable s do tend to speakless (and listen more?) than other categories ofmember, when they do speak they speak more concisely. Generally they don't believe in restating what's already been saidin the debates – they therefore follow Standing Orders!
18. Further, the Connétable s are (and alwayshave been in the past)everybit as involved in States workand Island politics as other categories ofmember,whetherinScrutiny, the Executive, asbackbenchers,or underthe previous system as Committee Presidents andmembers.In the current States Assembly, four Connétable s serveas Assistant Ministersandon the Privileges andProceduresCommittee and Legislation Advisory Panel(both the P.P.C. and L.A.P. are chaired by a Connétable ) and all theremainderservein some capacity on the Planning Applications Panel, the Scrutiny Panelsandsub-panels.
19. It isalsosaid that the Connétable s vote en bloc' when matters are debated by the States. There is no evidenceof Connétable svotingen bloc other than when they happen to agreeon issues. Itcouldbe argued that therearegroupsofothermemberswho consistently vote en bloc on various issues.
20. It has been suggested that the States should comprise only Senators and/or Deputies and that each Connétable should stand, if he so wishes, in that capacity. Unlike Parish Deputies, the Connétable actually has to live in the Parish (other than the Connétable of St. Helierwhomay live in orbe a ratepayer of the Parish) whereas a Deputy need have no tie to the district he/she represents.Thisisonereasonwhy many standing for the first timeas Deputy choosetorepresent a St. Helier district as the numberofseats gives a greater chance of election than standingin a ruralParish,perhaps against a sitting Deputy . If a person serving as Connétable had alsotostand for election to the States, there would besome(see paragraph 11above)who would choose to standas Connétable only and this would create significant imbalance between the parishesassome will have direct access to political solutionsto their particular problems whileotherswon't.The functioning of the Comitédes Connétable s wouldbealtered with empoweredanddisempoweredmembers.
21. The ability ofan individual memberincluding a Connétable to take a matter to the States is a precious thing and no parish should be without that avenue.
22. The States have been promoting the ideal of "joined up government" for some years but it is often forgotten that government in Jerseyis exercised at local level – in the parishes – and at Island level – by States departments.Whilst a Senator and Deputy will seek to represent his/her constituents, itisonly the

Connétable who is actively involved in the administration of the Parish and who can thus ensure that the "local

government" functions of the Parishes are properly taken into account when the States take decisions on Island issues and policy. This has been demonstrated in the past as the Connétable s have brought amendments to legislation and propositions being debated by the States thus ensuring that policy can be practically delivered within the Island. States members elect the Ministers for the States departments – decisions now rest with the Minister, rather than a broad church' of committee members, and thus may impact on constituents who have had no say in electing the Minister.

23. Unlike Senators and Deputies,who can only be held to account by their electorate every 6 or 3  years, the Connétable is accountableeachyear to his/her parishionersand ratepayers at the Parish Assembly to set the rate. The Connétable is thus far more awareof the viewsofhis electorate throughout his/her termof office and this ensures the viewsof voters are well represented in the States Assembly.

A single election day for Connétable s

24. The issue has been discussed at length bothin the States and the mediaand the Connétable s believe that introducing a single election day for the position of Connétable will find favour with the electorate.
25. It has been suggested that thetermof office forother States membersbe 4 years, instead of the current 6 or 3 years, and the Comitéisthereforetakingthe opportunity to propose that the term of office for a Connétable beextended from 3 to 4 years.Howeverthe proposition is framedso that it maybeamended, or votedonin parts, ifmembersso decide.
26. The report dated August 2006 "States of Jersey Survey on Electoral Reform" shows that of those surveyed 37% favoured a 3 year term compared with 30%whofavoured a 4 year term. The"Report of the Review Panel on the Machinery of Government in Jersey"recommended the interval between elections should benot less than 4 years,normore than 5 years. Thelengthof office is a matterfor th States to decide but, given that membersmightagree to a 4 year term when this comesbeforetheHouse, it isappropriate to consider a similar term forthe office of Connétable .
27. The States has still to decide whether the Senators and Deputies will share the same election day although the concept appears to havegained in popularity since 2000 (see "States of Jersey Surveyon Electoral Reform").However,ifsuch a change is agreed this willbeachievedbyamendingtheStatesof Jersey Law – the election dates of Connétable s isnot set outin this law and therefore it is appropriate for legislation tobebrought separately on this matter if the principleisagreed.
28. The Comitéhasalways maintained that there couldbe practical difficulties if the Connétable s are elected on thesame day as Senators and Deputies and therefore favours a separate day forthe Connétable s election. Although anxious to avoid an "election overload" for the electorate in any one year, the Connétable s believe the introductionof a single election dayis most importantand should not be further delayed beyond 2008 when Senators and Deputies are next elected.The proposition is therefore that the first single election dayshouldbeintheautumnof 2008.
29. Without predicting what the Privileges and ProceduresCommittee will bring forward, there hasbeen suggestion that the elections for Senators and Deputies shouldbe moved to the spring as this would permit canvassing in the lighter eveningsandmayencourage a greater turnout at the election. Whilst this would alsobe beneficial tothosestandingfor election as Connétable ,it would introduce a further delayin progress towards a single election day for all Connétable s and is notbeing proposed at this time.
30. Whetherornot the States agreeto a single election day for Senators and Deputies (and the Comité considers the practicalities of this mustbe established before a vote is taken to ensurethe effect isnot misunderstood by the electorate) it maybeadvantageous to continue with the election of Connétable s at a different timeof the yeartootherStatesmembers. The Comité considers a single election day for all Connétable s,whenever that daymay be, is unlikely to affect thosestanding for election as a Senator or Deputy . Whilstmany have moved from Deputy to Senator, and thereverse, and some have moved from Deputy (or even Senator) toserveas Connétable it ismostunusual for a persontostandfor election to

another post having served as Connétable .

31. The question that remains is how to achieve a single election daygiventherangeoftermsof office as shown below –

C o n n é ta b l e s election dates – dates current terms end Ju l y 2 0 0 7 –  St. Peter

Ju l y 2 0 0 7 –   Grouville

A u g u s t 2 0 0 7 – St. Saviour

D e c e m b e r 2 0 07 – St. Clement

D e c e m b e r 2 0 07 – St. Helier

N o v e m  b er 2 008 – Trinity

N o v e m  b er 2 008 – St. Brelade

F e b ru a r y 2 0 0 9 – St. Lawrence

Ju n e 2 0 0 9 –   St. Martin

A u g u s t 2 0 0 9 – St. Ouen

A u g u s t 2 0 0 9 – St. Mary

D e c e m b e r 2 0 09 – St. John.

32. The Comitéhasbeenadvised that whilst itisnotpossibleto extend a termof office, it is possible to shorten that termalbeit that a disgruntled member might be able tomakean application through the Courts ortothePrivyCounciltoget the legislation invalidated if the shortening was excessive. If a single election was introduced inautumn2008 this wouldresult in 7 Connétable shaving their terms of office shortened bybetween1-2 monthsand 13-14  months – unlikely to be considered an excessive period.
33. The 5   Connétable s who will be electedin2007and whose termsof office will expire in 2010would have their termsshortenedbyup to 2  years and this might be considered excessive. However, the current incumbents are unanimous that a single election day shouldbeintroducedand,if still in office, are therefore unlikely to seek redress for the curtailment of their office. Theotheroption,in respect ofthose elected in2007, is to provide that their successors in2010 will serve only a shorter termto bring all terms of office into line in 2012 (assuming a 4 year term of office from 2008).
34. Unlike otherStatesmembers,theLaw provides that a Connétable remains in office until his successor is swornin and so a Connétable may resign without causing a vacantseat in the States for several weeks. However, the resulting election mightbeto complete the termof office rather than for a new full termand would not therefore achieve a permanentalignmentof the electionday in future years.
35. The Comité des Connétable s has already lodged "au Greffe" a proposition to bring into line thetermsof office ofthe56 Centeniers across the Island. This wasapprovedby the States on 28th March 2007 and will result ineach Parish havinganelectionevery nine months and will ensure that some parishes no longer risk havingto find several new Centeniers at the sametime. It should therefore not be difficult to achieve a single election day for12  Connétable s.
36. Having regard to the spread of election datesandthe timing of the next "general election" of States members, the Connétable s favour the first single election dayin the autumnof2008, after those of Senator and Deputy (whichmay by then beon a single day). A specific date hasnot been includedin the proposition as this will depend, in part,uponotherchangeswhichmightbebrought forward by the Privileges and ProceduresCommitteeandagreedby the States. Theprinciple is that the single election day for Connétable s should notbe a day that is an election for either Senators or Deputies.
37. All the Connétable s are unanimous that there should be a single election day – it will provide an excellent opportunity to lift the profile of the role of Connétable ,as the electionday will bethesamein all 12 Parishes, and will be a steptowards harmonising the election days for all States members.

Financial and manpower implications

There are no additional financial or manpower implications for the States arising from the adoption of this proposition.

APPENDIX 1

Role  of   Connétable – taken  from THE  WORKING  PARTY  ON  PARISH  ASSEMBLIES:  REPORT R.C.38/2001

2.1 T h e Connétable

1. T he first known reference to a Connétable in the records of the Island is dated 1462, butitismore than possible that the office came into being long before that date. Thefunctionsand status of the Connétable s increased to the pointatwhichthe Connétable was head ofthe "Civil Parish" and Chief of the Parish Police.
2. T he Connétable s are electedby the electorate of their Parish for a period of threeyearsbut they remain in office notwithstanding theirdischarge from office atthe expiration of that period until their successorhas been sworn into office. Thereis no apparentagelimit for the office nor, ostensibly, any disqualification such  as incapacity,  criminal  record,  or  other civil  offices. However, the  Royal Court  exercises  a supervisory jurisdiction when the Connétable is in office. It issubmitted that a similar jurisdiction is exercisable by the Royal Court (on a representation by the Attorney General) to decline to administer the oath to a newlyelected Connétable if heor she is for whatever reason unfit for office.
3. T he Connétable s sit in the States notaselectedmembersbut by dint oftheiroffice of Headof the Parish. They may speak and vote in the States. They are not delegates of the Parish; they are its representative. If the Connétable was unable tobe present in the States, the Parish used to berepresentedby the senior Centenier who was normally the Chef de Police.Thiswas enshrined in Article  17(1)of the Statesof Jersey Law 1966, but that Article wasrepealedin 1974.
4. A   Connétable is requiredtoinform the Attorney General inwriting, at least six weeksbefore the date on whichthreeyears will have expired from the date of his/her election to officeor of that of a Centenierin the Parish. The Attorney Generalmustin turn inform the Royal Court,which then orders an election tobe held as soon asmaybeonorafterthe date that the term of office expires.If a Connétable dies when in office, the senior Centenierassumes the office of Connétable until the new Connétable , after the trial of the contested election, is sworn into office. The trial of contested elections have preference before all other civil suits when they are readyforhearing.

APPENDIX 2

Excerpt from States Minutes 19th May 1998: Policing of the Island – P.49/98, P.84/98 and P.86/98 THE STATES, adopting the proposition as amended –

(3) a p proved the recommendations in paragraph  2.2 of the Report of the Working Party on Policing in the Island dated 5th December 1997, as follows –

( a) th a t the office of Chef de Police for each parish, be established by law to have charge of the

honorary police within the parish and perform such other duties as may be prescribed by law; and that  the   Connétable s  should  cease  to  fulfil  an  operational  policing  role  but  retain  overall responsibility for the effective and efficient policing of their parish;

(b ) th a t posts of Chairman, and Deputy Chairman, of the Honorary Police, and the responsibilities of

the respective posts, be established by law;

( c) th a t the Centeniers Association and the Association of Vingteniers and Constables Officers be

recommended to merge into a single association;

(d ) th a t the senior Procureur du Bien Public in a parish should be empowered by law to deputise for

the Connétable in the event of the latter's incapacity or absence from the Island;

(e ) th a t the Attorney General be requested to prepare and maintain a Code of Practice covering Parish

Hall inquiries and to monitor the consistency of awards and procedures at such enquiries.

Members present voted on the proposition, as amended, as follows – "P  o u r" (45)

"C  o n tre" (1).