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Referendum on States reform: minimum turnout threshold (P.39/2013) – comments.

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STATES OF JERSEY

REFERENDUM ON STATES REFORM: MINIMUM TURNOUT THRESHOLD (P.39/2013) – COMMENTS

Presented to the States on 15th April 2013 by the Privileges and Procedures Committee

STATES GREFFE

2013   Price code: A  P.39 Com.

COMMENTS

In  considering  this  proposition  and  the  amendment  lodged  au  Greffe'  by  the Connétable of St. John , PPC invites Members to consider what would be achieved by having a referendum turnout threshold and the justification for applying either a 40% or a 50% threshold.

When, in 2011, the United Kingdom held a referendum on replacing the first-past-the- post  system  for  Westminster  elections  with  the  Alternative  Vote  system,  the application of a 40% threshold was discussed in both the House of Lords and the House of Commons. The question asked was whether the referendum should become consultative, rather than binding, if the turnout failed to reach 40%. Advocates for a threshold argued that those wishing to change the constitution should be expected to put a strong case, win the argument and demonstrate the will of the people. Those against the threshold argued that those who would stay away from the polling station were effectively being granted a veto.

Our  own referendum  is  already  consultative.  It  purports to  do  nothing  more  and nothing less than to gauge the views, and strength of feeling, of the electorate. The States will debate and, ultimately, retain the right to accept or reject any legislative changes proposed with a view to implementing the referendum result. In doing so, the States  will  act  in  accordance  with  Standing  Order  89A,  which  requires  that  a proposition to alter, in any way, the membership of the States of Jersey must be adopted by an absolute majority of Members (rather than a majority of those present for the debate) in order to succeed.

On the question of whether 40% or 50% is an appropriate figure, the Committee has no  comment  to  make  other  than  to  acknowledge  the  accuracy  of  the  turnout percentages quoted by Deputy J.M. Maçon of St. Saviour in respect of Senatorial elections; and to add that elections for Deputies have tended to be lower than those for Senators. Relevant data on turnout percentages for 2011 (when the turnout for the Deputies' elections was comparatively high) can be found in the table below.

Electoral Turnout in 2011 Public Elections (%)

 

 

Senators

Deputies

Grouville

55.9

56.2

St. Brelade

48.5

48.1*

St. Clement

42.0

42.2

St. Helier

37.9

38.4*

St. John

57.0

57.7

St. Lawrence

48.1

n/a

St. Martin

61.0

63.1

St. Mary

57.1

56.7

St. Ouen

56.5

56.1

St. Peter

49.3

50.0

St. Saviour

39.9

39.9*

Trinity

52.7

n/a

AVERAGE

45.6

44.5

*Turnout figure shown is an average across the districts within the parish. Page - 2

P.39/2013 Com.