Reform of the Composition of the States Assembly (P.7/2020): amendment [P.7/2020Amd. (re-issue)]

STATES OF JERSEY

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REFORM OF THE COMPOSITION OF THE STATES ASSEMBLY (P.7/2020): AMENDMENT

Lodged au Greffe on 28th January 2020 by Deputy M. Tadier of St. Brelade

STATES GREFFE

2020  P.7 Amd. (2nd re-issue)

REFORM OF THE COMPOSITION OF THE STATES ASSEMBLY (P.7/2020): AMENDMENT

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1  PAGE 2, PARAGRAPH (c) –

Replace the number "49" with the number "46" and replace the table with the following table –

2  PAGE 3, NEW PARAGRAPH (e) –

After paragraph (d) insert the following new paragraph –

"(e)  to agree that all of the Deputies and Connétable s in each district

should be entitled to speak in any of the parish assemblies meeting within their district, although Deputies (and Connétable s) may only vote in a parish assembly if they are residents or ratepayers of that parish; and",

and re-designate paragraph (e) as paragraph (f). DEPUTY M. TADIER OF ST. BRELADE

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 fair representation and equality in voting weight and power across the whole population should be the basis for any reform of the composition and election of the States;
2. notwithstanding the objective set out in paragraph (a), to agree that the States  should  respect  and  implement  the  outcome  of  the  2014 referendum on the role of the Connétable s as States Members and that, accordingly, the office of Connétable should entitle the holder to full membership of the States as an automatic right, including full voting rights;
3. to agree that it should establish an Assembly of 46 Members, 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 –

4. 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; and
5. to agree that all of the Deputies and Connétable s in each district should be entitled to speak in any of the parish assemblies meeting within their district, although Deputies (and Connétable s) may only vote in a parish assembly if they are residents or ratepayers of that parish; and
6. 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.

REPORT

"All animals are equal, but some animals are more equal than others."

– George Orwell, Animal Farm

This amendment seeks to provide a third way between what has traditionally come down to a choice between, (1) retaining the Connétable s' ex officio membership of the States Assembly and giving vast over-representation to residents of the country parishes, vs (2) a fair electoral system.

This amendment shows that it does not have to be this way. It is possible, if States Members show the political will, to have a compromised position whereby individual parish representation is maintained, through the Connétable s, whilst using 33 Deputies to balance out the distribution in a fair way.

Again, this proposition maintains the principle that the Connétable s should remain in the States with full voting rights, thus satisfying Senator Gorst 's desire that, as he sees it, the results of the 2014 referendum should be honoured.

However, it does so fairly recognising that the great Jersey gerrymander can no longer continue.

Whatever model for elections we choose, it is important that it is fair. This change being proposed by Senator Gorst makes malapportionment worse than it currently is.

Commenting in 2012 of Option B, which is effectively what is being proposed by Senator Gorst , Dr. Alan Renwick, advisor to the Jersey Electoral Commission stated –

"The option of retaining Constables makes overall apportionment worse than at present and in multiple parishes violates the Venice Commission's criterion. Whether that is considered justifiable is not for me to judge."

Some  members  have  suggested  that  it  does  not  matter  if  we  violate  the  Venice Commission, that it is justified. But why would we set out to do so, when avoiding this

is easily avoidable? It is possible to satisfy those who want to maintain the special and historic  links  with  heads  of  the  Parish  and  Central  government  and  have  fairer representation.

Clearly, there is one area of compromise, and that is around the number of votes that any one elector will have; this is not ideal; however, it is a much less serious matter than malapportionment. Indeed, it is the way in which we currently deal with variations and fluctuation in population sizes within the various districts already.

We know that St. Aubin gets to choose only one Deputy and St. Brelade No. 2 has 2 Deputies, because the population is much bigger in the latter. The residents of each district understand this and accept it on the grounds of fairness of representation.

What is not fair is to say that St. Brelade would have a total of only 5 representatives while district 8, with a smaller population, would have 7!

The attached Appendix contains the advice of Dr. Renwick, special adviser to the electoral commission on what was Option A and Option B. Though slightly different in terms of the actual figures of today's proposals, the comments are still relevant.

Financial and manpower implications

In reducing the size of the Assembly from 49 to 46 Members, this amendment would reduce expenditure on States Members' remuneration by around £140,000 per annum.

 _____________________________________________________________________ Re-issue Note

Deputy Tadier based his amendment on the figures contained within the table showing the 9 electoral boundaries which was included in the report accompanying P.126/2019. Unfortunately, the totals for the North and South constituencies in St. Helier were transposed incorrectly in that report and should be swapped so that North has  a population of 12,820, whilst South has 10,920. Deputy Tadier 's amendment therefore needs to be altered so that the number of Deputies to be returned should be 5 for the North and 4 for the South.

APPENDIX

Note for the Jersey Electoral Commission, Alan Renwick, University of Reading, 9 October 2012 – pages 6 and 7