Bailiff of Jersey: cessation of dual role and the appointment of an elected Speaker of the States (P.62/2017) – comments

STATES OF JERSEY

BAILIFF OF JERSEY: CESSATION OF DUAL ROLE AND THE APPOINTMENT OF AN ELECTED SPEAKER OF THE STATES (P.62/2017) – COMMENTS

Presented to the States on 21st August 2017 by the Privileges and Procedures Committee

STATES GREFFE

2017  P.62 Com.

COMMENTS

PPC is of the view that it would assist Members, when considering this important issue, for it to recirculate the comments that it presented in respect of P.54/2016, which was a similarly worded Proposition lodged by Deputy M. Tadier of St. Brelade .

Accordingly, the previous comments are set out below, together with links to previous reports and debates on the subject, and the views of the Independent Jersey Care Inquiry in connection therewith.

Also attached to these comments is a letter which the Bailiff has sent to the Chief Minister, copied to the Chairman of the Committee, which PPC feels that Members should take into consideration.

Comments of PPC in respect of P.54/2016

PPC feels that it is important for the debate on the role of the Bailiff as the Speaker of the States to take place, as it is an issue that has been the subject of much discussion since  the  publication  of  the  Report  of  the  Review  Panel  on  the  Machinery  of Government in Jersey in 2000, in which the Panel said: "we recommend that the Bailiff should cease to act as the president of the States or to take any political part in the Island's government and that the States should elect their own Speaker.".

PPC does not make a recommendation one way or another as to how States Members should  vote  on  this  issue,  because  the  Committee  members  themselves  are  not unanimous in their views.

If the States support the proposition of Deputy M. Tadier of St. Brelade , it will be necessary for the Committee to report back to the Assembly with detailed proposals on an elected Speaker and Deputy Speakers, including the full financial implications.

Findings of the Independent Jersey Care Inquiry ("I.J.C.I.")

Recommendation 7 of the I.J.C.I., which released its report on 3rd July 2017, related to the  Jersey  Way'.  In  the  Executive  Summary  of  the  report,  at  paragraphs 13.18 and 13.19, the I.J.C.I. stated –

"13.18  Throughout the course of our work we heard the term the "Jersey Way".

While this was, on occasions, used with pride, to describe a strong culture of community and voluntary involvement, it was more often used to describe a perceived system whereby serious issues are swept under the carpet and people avoid being held to account for abuses that have been perpetrated. This was well summarised in the contribution of a Phase 3 witness who told us: "We (also) have the impossible situation of the non-separation of powers between the judiciary and political and there is a lot of secrecy, non-transparency and a lack of openness. This brings with it the lack of trust, the fear factor that many have spoken about and contributes greatly to the Jersey Way."

13.19  That fear factor and lack of trust must be addressed, therefore we recommend that open consideration involving the whole community be given to how this negative perception of the "Jersey Way" can be

countered on a lasting basis. While constitutional matters are outwith our Terms of Reference, we are of the opinion that this matter cannot be addressed without further consideration of the recommendations made in the Clothier and Carswell Reports.".

Within the main body of its report, the I.J.C.I. further commented –

"Recommendation 7: The "Jersey Way"

41. Throughout the course of the Inquiry, we heard reference to the "Jersey Way" notwithstanding that there did not seem to be any set definition of the term. On some occasions it was used in a positive way, to describe a strong culture of community and voluntary involvement across the island, and this is something we recognise as a strength of the island, from the many contacts we had with voluntary organisations and individuals who give generously of their time to serve the interests of others. On most occasions, however, the "Jersey Way" was used in a pejorative way, to describe a perceived system whereby serious issues are swept under the carpet and people escape being held to account for abuses perpetrated. A Phase 3 witness told us: "we [also] have the impossible  situation  of  the  non-separation  of  powers  between  the judiciary and political and there is a lot of secrecy, non-transparency and a lack of openness. This brings with it the lack of trust, the fear factor that many have spoken about and contributes greatly to the Jersey Way".  It  is  this  strongly  held  perception  by  many  of  those  who experienced abuse that will continue to undermine any attempts to move the island forward from the matters into which we have inquired. We therefore recommend that open consideration involving the whole community is given to how this negative perception of the "Jersey Way" can be countered on a lasting basis.
42. Jersey has a long and proudly held tradition of governance, but that is not to say that steps should not be taken to reflect the modern world in which the island exists. As with many long-established jurisdictions, there can be a resistance to change, which is something that seems to be acknowledged. We are of the opinion that this serious matter cannot be addressed without further consideration being given, in the light of our  findings,  to  recommendations  contained  in  the  Clothier  and Carswell Reports.
43. While these involve constitutional matters, we are firmly of the view that the progress that must be made in relation to future care and safety of children in Jersey will be undermined if they are not dealt with such that  all  perceptions  of  there  being  a  negative  "Jersey  Way"  are eradicated once and for all. Achieving this would, in our opinion, provide  a  very  strong  visible  marker  that  there  was  a  deep determination in the island to use the conclusion of the Independent Jersey Care Inquiry as a platform to ensure that the island's children and young people will be looked after in a caring and compassionate system that is underpinned by a system of governance in which there is the utmost confidence among all of the island's citizens.".

Links to previous reports and debates on the subject:

To assist Members in their consideration of this Proposition, references to previous reports  and  debates  on  the  subject  are  set  out  below  in  chronological  order  of publication –

1. Report of the Review Panel on the Machinery of Government in Jersey (The Clothier Review', published December 2000): http://www.gov.je/SiteCollectionDocuments/Government%20and%20adminis tration/ID%20 ClothierReport%20100331%20CC.pdf
2. The Review of the Roles of the Crown Officers' (The Carswell Report'), R.143/2010, presented on 6th December 2010 by the Chief Minister: http://www.statesassembly.gov.je/AssemblyReports/2010/38785-20056- 6122010.pdf
3. Review of the Role of the Crown Officers ("Carswell Review"):

in Committee' debate', R.28/2011, presented on 14th March 2011 by PPC: http://www.statesassembly.gov.je/AssemblyReports/2011/14688-17346- 1432011.pdf

4. Elected Speaker of the States', P.160/2013, lodged on 10th December 2013 by the Connétable of St. Helier : http://www.statesassembly.gov.je/AssemblyPropositions/2013/P.160-2013.pdf
5. Elected Speaker of the States (P.160/2013): comments', P.160/2013 Com., presented on 16th December 2013 by PPC: http://www.statesassembly.gov.je/AssemblyPropositions/2013/P.160- 2013Com.pdf
6. Elected Speaker of the States (P.160/2013): amendment', P.160/2013 Amd., lodged on 15th April 2014 by Senator Sir P.M. Bailhache : http://www.statesassembly.gov.je/AssemblyPropositions/2013/P.160- 2013Amd.pdf
7. Elected Speaker of the States (P.160/2013): additional comments', P.160/2013 Com.(2), presented on 17th April 2014 by PPC: http://www.statesassembly.gov.je/AssemblyPropositions/2014/P.160- 2013Com(2).pdf
8. Elected Speaker of the States (P.160/2013): comments',

P.160/2013 Com.(3), presented on 22nd April 2014 by H.M. Attorney General: http://www.statesassembly.gov.je/AssemblyPropositions/2013/P.160- 2013Com(3).pdf

9. Elected Speaker of the States (P.160/2013): amendment (P.160/2013 Amd.) – amendment', P.160/2013 Amd.Amd., lodged on 23rd April 2014 by Deputy R.G. Le Hérissier of St. Saviour : http://www.statesassembly.gov.je/AssemblyPropositions/2013/P.160- 2013AmdAmd.pdf

10. Elected Speaker of the States (P.160/2013): comments',

P.160/2013 Com.(4), presented on 25th April 2014 by the Chief Minister: http://www.statesassembly.gov.je/AssemblyPropositions/2013/P.160- 2013Com(4) corrected.pdf

11. Elected Speaker of the States (P.160/2013): amendment (P.160/2013 Amd.) – comments', P.160/2013 Amd.Com., presented on 25th April 2014 by PPC: http://www.statesassembly.gov.je/AssemblyPropositions/2013/P.160- 2013AmdCom.pdf
12. The debate on P.160/2013 and its associated amendments took place on

29th and 30th April 2014: http://www.statesassembly.gov.je/AssemblyHansard/2014/2014.04.29%20Stat es%20-%20Edited%20Transcript.pdf

and http://www.statesassembly.gov.je/AssemblyHansard/2014/2014.04.30%20Stat es%20-%20Edited%20Transcript.pdf

13. Bailiff of Jersey: cessation of dual role and the appointment of an elected Speaker of the States, P.54/2016, lodged on 24th May 2016 by Deputy
    1000. Tadier of St. Brelade : http://www.statesassembly.gov.je/AssemblyPropositions/2016/P.54- 2016withCorrigendum.pdf
14. Bailiff of Jersey: cessation of dual role and the appointment of an elected Speaker of the States (P.54/2016) – comments', P.54/2016 Com, presented on 22nd June 2016 by PPC: http://www.statesassembly.gov.je/AssemblyPropositions/2016/P.54- 2016Com.pdf
15. Bailiff of Jersey: cessation of dual role and the appointment of an elected Speaker of the States(P.54/2016) – comments', P.54/2016 Com.(2), presented on 27th June 2016 by H.M. Attorney General: http://www.statesassembly.gov.je/AssemblyPropositions/2016/P.54- 2016Com(2).pdf
16. Bailiff of Jersey: cessation of dual role and the appointment of an elected Speaker of the States (P.54/2016) – amendment', P.54/2016 Amd., lodged by Deputy M. Tadier of St. Brelade on 8th November 2016: http://www.statesassembly.gov.je/AssemblyPropositions/2016/P.54- 2016Amd.pdf
17. The debate on P.54/2016 and its associated amendments took place on 15th November 2016: http://www.statesassembly.gov.je/AssemblyHansard/2016/2016.11.15%20Stat es%20-%20Edited%20Transcript.pdf