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Referenda: revised procedures (P.153/2013) – comments

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STATES OF JERSEY

REFERENDA: REVISED PROCEDURES (P.153/2013) – COMMENTS

Presented to the States on 20th January 2014 by the Privileges and Procedures Committee

STATES GREFFE

2013   Price code: A  P.153 Com.

COMMENTS

Should the States decide to adopt the proposition of Deputy R.G. Le Hérissier of St. Saviour , the Committee would be content to review the current provisions of the Referendum (Jersey) Law 2002 and to bring forward proposals to define more clearly the conditions that may be applied to the holding of referenda.

The Committee does not wish to judge in advance whether there might be a defect in the current provisions, nor what that defect might be.

If the Committee's review finds that amendments to the Law are necessary, law drafting time will need to be requested and, once drafted, the amendments will need to be lodged "au Greffe" for debate by the States. If adopted, the amendments will then require  the  sanction  of  the  Privy  Council.  It  is  therefore  unlikely  that  any  such amendments to the Referendum (Jersey) Law 2002 will be in place in advance of the referendum on the composition and election of the States Assembly that is due to be held  on  election  day  in  October  2014  (following  the  adoption  by  the  States  on 5th November 2013 of paragraph (e) of P.116/2013 and paragraph (e) of P.117/2013). The Committee is currently in the process of developing a draft referendum question in this regard, which will be brought to the States for consideration in the form of a Referendum Act in due course.

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P.153/2013 Com.

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