Public Holidays: designation of May 9th if on a Sunday.

STATES OF JERSEY

PUBLIC HOLIDAYS: DESIGNATION OF MAY 9TH IF ON A SUNDAY

Lodged au Greffe on 23rd February 2010 by Deputy M. Tadier of St. Brelade

STATES GREFFE

2010   Price code: B  P.18

PROPOSITION

THE STATES are asked to decide whether they are of opinion

1. to agree that 9th May 2010 should be designated as a public holiday;
2. to agree that, after 2010, 9th May should be designated as a public holiday  whenever  it falls on  a  Sunday, in addition  to its existing designation  as  a  public  holiday  whenever  it falls  on  a  weekday (namely between Monday and Saturday); and
3. to request  the  Chief  Minister  to bring  forward  for  approval  the necessary Act under the Public Holidays and Bank Holidays (Jersey) Law 1951 to give effect to this decision.

DEPUTY M. TADIER OF ST. BRELADE

REPORT

Foreword

Over  the  past  weeks  I  have  had  much  time  to  (re)consider  many  of  the  issues surrounding Liberation Day, its occurrence, this year, on a Sunday and whether or not a solution could be found that would be more acceptable to more people and States Members than the current situation.

With this proposition, I hope I have done just that. In coming to this revised position, it has been necessary for an element of reverse engineering to have taken place. I will take us through this very briefly.

Firstly, it is necessary to look at the problem.

Problem 1

Liberation Day is normally given as a holiday, but not always – only 6 out of 7 years. Problem 2

Because in one in 7 years Liberation Day is not given as a holiday, this leads to understandable resentment in some quarters and general confusion in others. This resentment and confusion is compounded further by the fact that certain employers will give lieu days off as a matter of course and others will not.

Problem 3

Because  there  is  not  a  widespread  understanding  of  the  technical  legal  nuances between Liberation Day (a public holiday only if it falls on a Monday – Saturday) and other  special  days  (Christmas –  a  holiday  whenever  it  falls)  there  is  also  an assumption, by a significant body of the population, that the Monday after 9th May should automatically be made a bank holiday.

Problem 4

Because the Liberation of Jersey occurred on 9th May and no other date, there is an equally significant body of opinion that is resistant to any suggestion that any day close to 9th May should be given as a substitute or additional holiday, as this will detract from the significance of the actual date.

Up  until  now,  these  often  conflicting  considerations  have  provided  2  equally conflicting positions:

Position 1 (status quo)

Islanders are left to celebrate 9th May on a Sunday. Many will be free to attend celebrations if they wish, however no public holiday will be granted. No overtime will be paid to workers working on Liberation Day (in contrast to other years). No lieu day will be granted to those not working. No Monday/Friday will be given either side of the weekend. As in keeping with previous years when Liberation Day has fallen on a Sunday.

Position 2 (previously proposed)

As Liberation Day is only a designated holiday when it doesn't fall on a Sunday, Sunday  itself remains  a  normal  day  (as  above), so  to make  up'  for  this fact,  a substitute day is given on the Monday/Friday. This satisfies the desire for a stable amount of holiday entitlement from one year to the other. There is however, dissent from those who feel this extra day is distracting from 9th May. There is also concern from sections of the business community who were not expecting to have to meet the costs/losses associated with a public holiday for 2010.

There is, now, the possibility of a 3rd position, which is what we have here: Position 3 (this proposition)

Sunday 9th May 2010 (and Liberation Sundays in subsequent years) designated a public holiday.

Advantages:  (i)

(ii) (iii) (iv) (v) (vi) (vii)

Disadvantages:  (i)

(ii)

No need to allocate a substitute day. Holiday is granted on the day it falls.

No  public  dissatisfaction  at  loss  of  usual  holiday entitlement.

No accusation of diluting or devaluing Liberation Day (by either side).

Addresses question of consistency and resolves problem for future years.

Shops will not face loss of business' from closing on a weekday, and at short notice'.

Will not affect those employers in the private sector who already allocate a day in lieu every year.

Financial/Leisure time advantage for employees.

Cost to the Public Sector (although already budgeted for).

Cost to some businesses for staff working on 9th May; cost of lieu days.

Main Report

It is widely accepted that 9th May 1945 was a significant date in our Island history, and that its anniversary should continue to be an important event in our Island's calendar now and into the future.

I think that it is fair to say that whilst the idea of a designated alternative day off on the Monday (or Friday) was controversial, few would argue with the actual principle of 9th May being a public holiday.

However, under the 1952 Law, Liberation Day is only designated a public holiday if it falls on a weekday, the interpretation of which is a Monday – Saturday. So whilst 9th May is still Liberation Day even if it falls on a Sunday, the public holiday that is normally associated with Liberation Day vanishes' one year in 7.1

So,  the  question  is:  If  Liberation  day  is  worth  giving  as  a  public  holiday  on  a Monday – Saturday, why does this change when it falls on a Sunday?'.

Historically, this may be easy to answer. In the past, Sundays were seen as a de facto public holiday already. Of course, Jersey society was a very different place in 1952 as was the significance of the Sunday; shops remained shut and all but a (relatively) few essential people had to work. So in 1952, it may well have seemed unnecessary to make provisions for Liberation Day falling on a Sunday.

However, the Jersey of 2010 is a very different place. Newsagents are open, as are garages, restaurants, cafés and even supermarkets. In the public sector the likes of the Prison, the Hospital and the Police Station must all remain functioning 24/7/365. Elsewhere, bus- and taxi-drivers and Harbours and Airport staff will have to show up for work, Sunday or not.

Just as life does not stop because it is a Sunday, Liberation Day does not cease to happen simply because the calendar dictates it is a Sunday.2

However, this is exactly what happens to the public holiday normally attached to Liberation Day.

Liberation Day 2009

Last year, Liberation Day fell on a Saturday. Although the majority of Islanders did not have to work on a Saturday, it was still observed as a holiday. No substitute holiday was given for Liberation Day, however States Employees (and many in the private sector – subject to individual contracts) were given a day off in lieu. It is anomalous that this year, when 9th May falls on another day when the vast majority of Islanders do not normally work, that no holiday will be observed and no day in lieu be given.

Consequently, those workers who do actually have to work on 9th May will receive no premium rate for working Liberation Day, nor will they be entitled to a day off in lieu. Again, this is in contrast to 9th May 2009, when Liberation Day fell on the Saturday and contractual obligations for the holiday had to be respected.

The nub of the problem

The problem, essentially, lies with the 1952 Law and the fact that weekday is defined only as  Monday – Saturday.3 However, for those who regularly have to work on

Sundays, Sunday  is a weekday. It seems unfair (and entirely illogical) that those working on a Liberation Day in 2009 could expect to get remunerated at the higher rate and/or a day off in lieu, but those working on Liberation Day in 2010 will not.

That 9thMay happens to fall on a Sunday should not put those who actually work on that day at a disadvantage. They will have no choice but to work on Liberation Day, and this fact should be reflected in their pay/holiday entitlement.

Conclusion

By passing this proposition, we will be updating a Law which is almost 60 years old and which, in my opinion, is no longer meeting the needs of a different society. I believe it is an improvement on P.15/2010 in that it has many of its advantages, but few of the disadvantages.

Lastly, this proposition is not about getting an extra day off. It is about getting the right day off.

It is also about acknowledging the fact that in Jersey a section of the workforce will not be free to celebrate Liberation Day; they will not have the day off to spend with their families (some of whom may have been here during the Occupation), but will be serving the Island on a day when the majority of people will be off.

To put it another way: if Liberation Day is worth designating as a public holiday on a Monday, Tuesday, Wednesday, Thursday, Friday and Saturday then why is it not worth giving off on Sunday?

Financial and manpower implications

Traditionally,  we  are  told  that  the  cost  to  the  public  sector  is  of  the  order  of £1.5 million.  However,  members  should  be  aware  that  this  does  not  mean  that £1.5 million will be saved by not voting for a day off. Whether States employees work the Friday or not, they will be getting paid for it, so it is wrong to think that this sum will be saved for some other capital spending elsewhere. There will, however, be an actual cost for those employees on shift-work relating to time off in lieu and overtime payments. As the majority of States employees work regular hours', this total figure will be significantly less than the £1.5 million stated.

It should also be noted, as stated in P.204/2009, that Liberation Day is normally observed  as  a  public  holiday  in  the  Island  each  year  and  funded  as  such  from departmental budgets.'

1 On average. For information, 9th May will next fall on a Sunday in 2021 and then in 2027.

2 One of the main arguments put forward by opponents of a substitute holiday was that

Liberation Day is to be observed on the day on which it falls and no other day. This was reflected in comments by several members during the debate of 2nd February:

Liberation Day is 9th May It is not difficult.' ( Deputy Green)

I was here on the first Liberation Day and Liberation Day will always be 9th May.' (Constable of Grouville )

3 Ultimately, this problem would never arise if the term weekday were extended to mean a day

falling Monday – Sunday (literally, a day of the week). As things stand, we are left with a strange scenario where people who only ever work from Monday to Friday are given a day in lieu if Liberation Day falls on a Saturday, but nothing if they fall on a Sunday. Quite bizarre!