Electoral Commission: composition and terms of reference (P.5/2012) – amendment.

STATES OF JERSEY

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ELECTORAL COMMISSION: COMPOSITION AND TERMS OF REFERENCE (P.5/2012) – AMENDMENT

Lodged au Greffe on 25th January 2012 by Deputy R.G. Le Hérissier of St. Saviour

STATES GREFFE

2012   Price code: A  P.5 Amd.

ELECTORAL COMMISSION: COMPOSITION AND TERMS OF REFERENCE (P.5/2012) – AMENDMENT

1  (a) PAGE 2, PARAGRAPH (a) –

On line 1, for the number 3' substitute the words 7 independent', and after the words members' delete the words of the States'; after the word Chairman,' delete  the  words  together  with  3 other  persons  with'  and  insert  the  word possessing'; and after the word experience' delete the words who are not members of the States';

2. PAGE 2, PARAGRAPH (b) – Delete paragraph (b).
3. PAGE 3, PARAGRAPH (d) –

Delete  the  words  , in  consultation  with  the  States  members  appointed  as Chairman and members,'.

2  PAGE 2, PARAGRAPH (c) –

After the fourth bullet point, insert the following bullet points –

• The functions of the electoral process;
• Voting systems;
• Voter registration;'

and re-number the paragraphs accordingly.

DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR

REPORT

This proposition simply ensures that the intent of the States is followed and that the independence of the Commission is retained. I have no doubt that members with an interest in reform will be welcome as witnesses and therefore be able to express their views publicly.

There is an important addition to the Terms of Reference, namely, an examination of the electoral system and an expectation that the Commission will review whether the current system is fit for purpose and, if not, propose suitable alternative(s).

Financial and manpower implications

The amendments I propose will simply restore the status quo, namely a completely independent  commission,  with  the  terms  of  reference  as  previously  approved. Therefore, there are no additional financial or manpower consequences arising.

If my amendments are adopted, the revised proposition will read –

PROPOSITION

THE STATES are asked to decide whether they are of opinion

to refer to their Act dated 15th March 2011 in which they agreed that an independent  Electoral  Commission  should  be  established  in  Jersey  to investigate  and  report  on  all  aspects  of  the  composition  of  the  elected membership of the States Assembly and the election and voting processes for such members; and to vary that decision as necessary and –

1. to agree that the Commission should be comprised of 7 independent members, one of whom shall be its Chairman, possessing appropriate skills and experience, appointed by the States on the recommendation of the Privileges and Procedures Committee following a recruitment process overseen by the Jersey Appointments Commission;
2. to agree that the terms of reference for the Commission shall be –

"1.  The Electoral Commission shall consider all the following

areas –

• Classes of States member;
• Constituencies and mandates;
• Number of States members;
• Terms of office;
• The functions of the electoral process;
• Voting systems;
• Voter registration;

and all other issues arising in the course of the work of the Commission which are relevant to the needs stated above.

Page - 3

P.5/2012 Amd.

2. The views of the public in Jersey should be sought and all such  views  taken  into  consideration.  Formal  meetings  and hearings of the Commission should be held publicly in Jersey unless  the  Commission  believes  that  there  are  reasonable grounds for  holding  a  meeting  or  hearing  in  camera. The content of all written submissions to the Commission will be made available to the public, unless the Commission believes that  there  are  reasonable  grounds  for  non-disclosure  of  a submission or part of a submission, and should be attributed unless the submitter explicitly requests that a submission shall be non-attributed and the Commission accepts the reasons for such a request.
3. The Electoral Commission shall review existing studies and research and conduct further research as it sees fit.
4. At  the  conclusion  of  its investigation,  the  Electoral Commission shall present a report with recommendations to the  Privileges  and  Procedures  Committee  to enable  the Committee  to present  the  Commission's  proposals  to the States for approval prior to the submission of the proposals to the electorate in a referendum under the Referendum (Jersey) Law 2002.";

3. to request  the  Privileges  and  Procedures  Committee  to take  the necessary steps to recruit the remaining members of the Commission and to request the Commission to forward its recommendations to the Committee no later than December 2012.