Re-instatement of Senators (P.2/2025): comments

STATES OF JERSEY

RE-INSTATEMENT OF SENATORS (P.2/2025): COMMENTS

Presented to the States on 13th March 2025 by the Privileges and Procedures Committee

STATES GREFFE

2025  P.2 Com.

COMMENTS

These comments from the Privileges and Procedures Committee (PPC) relate not only to the proposition of Deputy Millar but also to the amendments to that proposition lodged by –

• Deputy Coles (the First Amendment);

• Deputy Mézec (the Second Amendment);

• Deputy Moore (the Fourth Amendment); and

• Deputy Tadier (the Fifth Amendment).

For the most part, PPC is not collectively taking a view on any matters proposed in the proposition or in these four amendments (including the amendment from Deputy Moore to the First Amendment); individual Members of the Committee will therefore take their own view, and make their own decision, on what is proposed. PPC would nevertheless highlight the timeframe of Deputy Millar 's proposition, as lodged, and the view of the Committee that this timeframe for implementation is not practical. PPC has therefore lodged the Third Amendment to allow for a more realistic timeframe in which any changes agreed by the Assembly to the electoral system could be implemented.

It is clear from the proposition and the various amendments that Members are to be asked to debate, and take a view on, a number of different matters (either directly or indirectly) – some of which have been subject to debate by the Assembly in the past. The matters raised in the proposition and in the various amendments that have been lodged (excluding PPC's own) include the following –

1. The Island-wide mandate.
2. The  parliamentary  role  of  elected  representatives  with  an   Island-wide mandate, particularly in respect of major Island issues and constituency work.
3. Public opinion on electoral reform.
4. Voter  equity  and  the  distribution  of  elected  Members  across  electoral constituencies.
5. Voter choice, influence and the number of elected representatives which members of the public may each choose.
6. The role of the Connétable within the States Assembly.
7. The simplicity or complexity of the Island's electoral system.
8. The manner of determining electoral boundaries within Jersey.
9. The number of elected States Members in the States Assembly.
10. Differential pay amongst elected States Members.
11. The size of the Council of Ministers.
12. The manner in which the Council of Ministers is selected.

13. The timing of elections to the States Assembly and the question of a single election day.

There is a wealth of material available for Members to read on all of these matters from the various debates undertaken by the Assembly – that either led to change or where the status quo of the time was maintained. The following is list of material that was previously considered by the Assembly –

1. Draft States of Jersey (Amendment – Remuneration of Elected Members) (Jersey) Law 202- (P.40/2022)
2. States Members' Remuneration (P.40/2021)
3. Draft Constitution of the States and Public Elections Law 202- (P.17/2021)
4. Composition and Election of the States: Proposed Changes (P.139/2020)
5. Briefing Paper – Composition and Election of the States: Proposed Changes (B.P.2/2020)
6. Electoral Reform 2020 (P.126/2019)
7. Reform of the Composition and Election of the States (P.46/2019)
8. Draft States of Jersey (Amendment No. 9) Law 201- (P.18/2017)
9. Composition  of  the  States  Assembly:  Interim  Reform  for  2014  and Referendum on Further Reform (P.116/2013)
10. Draft States of Jersey (Amendment No. 8) Law 201- (P.64/2013)
11. Draft States of Jersey (Miscellaneous Provisions) Law 201- (P.176/2010)
12. Composition of the States: Spring Election and move to a 4-year term of office (P.118/2010)
13. Composition and Election of the States: Revised Structure (P.72/2009)

Almost all of the various elements of the substantive proposition and the amendments would require changes to be made to the States of Jersey Law 2005 in order to be implemented. It is the Law that determines the size and the membership of the States Assembly (in Article 2). It is also the Law that currently specifies the electoral constituencies for Deputies (under Article 4) and it is therefore the role of the Assembly at present to amend them. The timing of elections is also contained in the Law (in Article 6) although provisions for the elections of Connétable are included in the Connétable s (Jersey) Law 2008.

Article 18 of the States of Jersey Law provides for the appointment of a Council of Ministers – but further details are provided elsewhere, including the Standing Orders of the States of Jersey. Article 18(1) specifies the Council of Ministers must include a Chief Minister and at least 7 other Ministers; an amendment would therefore be needed

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to allow for Deputy Moore 's Fourth Amendment (which envisages a Council of 7 in its entirety). The number of Ministers currently is set out in the States of Jersey (Ministerial Offices) Order 2022. The selection process for the Chief Minister and other Ministers is set out in Standing Orders 112 to 117; these would also need to be changed if the Fourth Amendment were adopted.

It is Article 44 that determines the salary arrangements for elected States Members, with the current stipulation that there can be no differential pay; a decision to amend or repeal that provision would therefore be needed to allow for the introduction of a different salary for Ministers.

The role undertaken by elected States Members, and what might be expected  of representatives with an Island-wide mandate, is not set in any statute or in Standing Orders, however; whether Senators would be expected to focus solely on major Island issues (and not undertake constituency work) would therefore be a matter of political culture, public expectations and individual decision-making on the part of office- holders.