Composition and election of the States Assembly

STATES OF JERSEY

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COMPOSITION AND ELECTION OF THE STATES ASSEMBLY

Lodged au Greffe on 15th June 2004 by the Deputy of St. Martin

STATES GREFFE

PROPOSITION

THE STATES are asked to decide whether they are of opinion

(a ) to agree that –

(i ) t h e r ôle of Senator in its present form shall be abolished from December 2005;

(i i) t h e 1 2 Parish Connétable s shall cease to be members of the States by virtue of their office

from December 2005;

(i ii ) t h e n umber of members shall be reduced from 53 to 42 with effect from December 2005;

(i v ) a l l m embers of the States shall be known by the same title, namely Senator', with effect

from December 2005;

(v ) t h e 4 2 Senators shall, from December 2005, be elected in the following constituencies –

(A ) S t . H e li e r – 12 Senators (4 for each of the present electoral districts); (B ) S t . S a v io u r – 6 Senators (2 for each of the current electoral districts); (C ) S t . B r el a d e – 4 Senators;

(D ) S t . C l em e n t – 4 Senators;

(E  ) A l l o th e r P  ar ishes – 2 Senators each;

( v i) a l l members of the States and the 12 Parish Connétable s shall be elected on a single

general election day;

(v i i ) t h e t erm of office for members of the States and Parish Connétable s shall be 4 years with

exception of the first term, which shall run until May 2009;

(v i i i) t h e first general election shall be in November 2005 but thereafter it will be held during

the third week in May.

(b ) to charge the Privileges and Procedures Committee to bring forward for approval the necessary

legislation to give effect to the proposals.

DEPUTY OF ST. MARTIN

REPORT

On 16th January 2001 the Policy and Resources Committee presented to the States the Report of the Review of the Machinery of Government in Jersey. A distinguished Panel under the Chairmanship of Sir Cecil Clothier had undertaken the Review. The volume of evidence from the people of Jersey calling for change in the way things are done surprised the Panel.

The Report contained a number of Recommendations, which in the Panel's opinion would improve the efficiency of our Government. Whilst it was appreciated that some Recommendations would be controversial, I do not believe it was envisaged that 3½ years later so few would have been implemented.

Whilst some Recommendations have been implemented, the difficult issues regarding the composition of the States with a reduction in the number of Members, the role of the Senators and Connétable s and other issues as outlined in my Proposition have not been addressed.

Although 3 Special Committees on the Composition and Election of the States Assembly have been elected and suggested various options, none have been advanced. It has been apparent ever since the Review was presented that  if  the  Recommendations  were  to  be  adopted  they  would  have  an  effect  on  States  Members,  however Members should not use the difficulty of the decisions to be made as an excuse to do nothing. The next round of the Senators and Deputies elections will take place at the end of 2005, unless steps are taken soon it will be too late to implement the Recommendations before the next round of elections. As the States have agreed to reduce the number of Committees and introduce Ministerial Government, there is no longer a need for the States to be represented by so many Members. The Clothier Panel supported this view. My Proposition seeks Members' support to reduce the present number and with a few minor alterations, endorse other Recommendations.

1. T h  e rôle ofSenator in its present form shallbeabolished

The Clothier Panel received no convincing evidence that there was a significant difference between the nature and content of the Senator's role and that of the Deputies. They have no special privileges, moreover with one General Election and the same tenure of office for all Members of the States; the distinction will become even less sustainable. In an Assembly intended to govern the whole Island, every topic of debate should be of island-wide interest,  not  merely  parochial,  and  should  be  the  concern  of  every  Member.  But  it  is  sensible  that  each representative should have a constituency of voters whose opinions may easily be sampled and judged over a small area than a large one. And of course a constituency gives easy access to a representative for every citizen with something to say. This not to say that there is any reason why members of the public cannot continue approach any Member of the States if they see that as more appropriate for their particular concerns.

2. C o nnétablesshouldcease to be ex officio MembersoftheStates

It is accepted that the office of Connétable is an ancient one and has served the Parishes and the Island well in the past. However the role of both Connétable in his/her Parish and the role of States Member have changed considerably and are likely to become more onerous. The Clothier Panel were impressed by the evidence of many of the Connétable s to the effect that they placed their work in the Parishes at the head of their priorities and the Panel was left with the impression that some of them felt somewhat uncomfortable with their position in the States. Indeed an analysis showed that in general the Connétable s asked fewer questions, introduced fewer propositions and spoke on fewer occasions than the Deputies for their respective Parishes.

It is envisaged that the new States structure will place a heavier workload on States Members. Therefore is also likely that Connétable s may well have difficulty in discharging both offices satisfactorily. There was evidence of excellent work being carried out by Connétable s in their Parish and the Panel believed that the role of Connétable could be developed and its dignity enhanced if the position no longer carried with it the requirement to be part of the States Assembly. It was also believed that more candidates for the post of Connétable could well come forward.

I do have some sympathy for those Connétable s who feel they would be in a position to discharge both roles. To allow for this eventuality I am of the opinion that each Parish, irrespective of its population, should have at least 2 representatives in the States. There will be a twin benefit because it will allow a Connétable if he/she so chooses to contest for the Office of Connétable and States Member at the General Election. It also allows for the electorate to decide whether it wants its Connétable to have a dual function.

3. T h  e number of Members shall reduce from 53 to 42

The Panel recommended that the Assembly should consist of between 42 and 44  Members. I am mindful of Deputy   Troy 's  amendment  whereby  the  Executive  will  always  be  in  the  minority;  however  I  believe  that 42  Members  will  more  than  enough  to  ensure  that  the  function  of  the  Executive  and  Scrutiny  are  not compromised. As the role of Senators will end and with Connétable s no longer being ex officio Members of the States, this will be an ideal opportunity to create one class of States Member.

4. A  ll members shall be known by the same title, namely Senator'

The Clothier Panel was of the opinion that the title of Deputy was inappropriate and confusing to the outside world with which Jersey must now deal. These members do not deputise for anyone. The Panel recommended that a better and more readily understood title would be "Member of the States of Jersey" conveniently abbreviated to "MSJ." This is one area where I part company with the Panel. I accept that not everyone knows of the States of Jersey but with the abbreviations MSJ after one's name will be of little help. The title of Deputy is the English version of Deputé which is the title given to Members of the French Parliament. Until recent times the French version was the formal title for Jersey Deputies. However I accept that, as we now use the English version as opposed to the French version it could be confusing.

The Assembly of the States of Jersey is the Island's supreme legislative and administrative Assembly. It is our Senate and people who are elected as Members of a Senate usually assume the title of Senator. The title of Senator is a known and accepted one in the outside world. The title of Senator has been part of Jersey's political framework since 1948; therefore I do not think it to be inappropriate for all Members of the States of Jersey to assume that title.

5. E a ch Parish will be represented with at least 2 Senators

To ensure that there are at least 2 Senators per Parish, the Parish of St.  Helier will see the present number of 10  Deputies increased to 12, four for each of the 3  Districts. St.  Saviour will increase to 6, two for each of th 3  Districts. St.  Brelade and St.  Clement will both have their representation increased to 4  Senators each. This is slight variation from the Panel's recommendation and I accept there could be some debate regarding my proposal for St.  Mary, St.  John and Trinity to have 2  representatives each. These Parishes have had 2 representatives in th States since the introduction of the Deputies in 1856 and I see no reason for a reduction. As will be seen in Appendix  A, 7 Parishes have less than the average residents per member of 2,076. In most jurisdictions this ratio is very generous. The fact that the size of the electorate is below the average figure does not mean that the elected Members are of below average ability. It is the quality of candidate and their percentage of the electorate's vote that is of paramount importance, not the quantity of the electorate. Recent voting patterns show that although Deputies elected in the larger constituencies may have received a higher number of votes, their percentage of the electorate's  vote  was  lower  than  many  if  not  most  of  the  constituencies  with  a  smaller  electorate  (see Appendix  B). In St.  Mary, for instance, at the last election the losing candidate received 28.5% of the registered electorate's vote which was only bettered in 2 other Parishes and Districts in the Island.

In the 1999 Senatorial elections (see Appendix  C) it is of note that the candidate placed 6th only received votes from 33% of those voting, representing only 14% of registered electors in the Island.

Much is made of the discrepancies in the existing constituencies, and my proposal may well add to it. However as Jersey still has strong Parish links, my proposal will not diminish, but will strengthen, that link. The removal of the Senatorial elections, which many people have seen as a dry run or opportunity for publicity for the Deputies election, will concentrate the minds of the candidates who will have to ensure that they are closer to their electorate than is currently perceived. This should also lead to a greater turnout at the elections.

6. A  ll MembersoftheStates and the 12   Connétable sshallbeelectedon a single election day

I believe the term of Office for both Connétable and States Member should be of equal length. I also believe that both Offices should be contested on the same day. It should not be too difficult for the electorate to be given 2 voting papers at the same time, one to elect a Connétable and the other to elect their States' representative. In the event of persons contesting both offices, their names will be included on both ballot forms.

7. T he term of office for Connétable s and Senators will be 4  years with the exception of the first term, which shallbe until May2009

It is generally accepted that the 3-year term of office is too short and that 6  years is too long. The Clothier Panel were of the view that voter apathy was caused by an electoral system which calls upon voters to record their votes at different times, for various offices, and at irregular intervals. The Panel was of the belief that in addition to having one General Election for both the Office of Connétable and States Member that the intervals between elections should not be not less than 4  years, nor more than 5  years. I  believe that a -4year term of office is appropriate and consistent with many other jurisdictions.

(viii)  T  he first General Election shall be held at the end of November but thereafter during the third week of May

The term of office for 6  Senators and all 29  Deputies terminates in December 2005. To enable the new Assembly of 42  Members to commence at the same time, it will be necessary to hold the first General Election before the life of the existing Assembly ends. If it is agreed that the number be reduced to 42, the present 6  Senators whose term of office expires at the end of 2008 will be required to seek election in the 2005 election. The term of Office for all the 12   Connétable s will also cease, whereby they too will be required to seek re-election as Connétable and/or Parish Representative in the new States Assembly.

There has been a long-held view that elections held in the Spring are more likely to encourage more of the electorate to vote. It will also be more conducive for canvassing. Therefore to accommodate this, the term of office for those elected in November 2005 will be reduced by approximately 6  months to enable the General election in 2009 to be held during the third week of May.

Financial and manpower implications

It is difficult to assess the overall implications of these proposals at this stage. The change to one general election would save cost by avoiding the necessity of holding separate elections as at present for Connétable s, Senators and Deputies. In addition, the longer term of office would mean that election costs are incurred every 4  years instead of every 3. There are likely to be savings if the overall number of members is reduced from 53 to 42 (potentially up to some £429,000 per annum). If implemented in full, the proposals would be likely to lead to a saving rather than additional expenditure.

NUMBER OF RESIDENTS AND ELECTORS IN PROPOSED CONSTITUENCIES

RESULTS OF DEPUTIES ELECTIONS 2002

SENATORIAL ELECTION RESULTS 1999 ELECTION

2002 ELECTION