Access to justice in Jersey: review

STATES OF JERSEY

ACCESS TO JUSTICE IN JERSEY: REVIEW

Lodged au Greffe on 2nd December 2013 by the Chief Minister

STATES GREFFE

2013   Price code: B  P.158

PROPOSITION

THE STATES are asked to decide whether they are of opinion

1. to agree  the  proposed  Terms  of  Reference,  Methodology  and Membership for a Review of Access to Justice in Jersey, as detailed in section 2 of the accompanying Report of the Chief Minister dated 2nd December 2013;
2. to agree, that immediately following the adoption of this proposition, the States should appoint by open ballot as members of the Advisory Panel (through separate ballots as required) –

1. one member who is a Minister or Assistant Minister;
2. one Connétable ;
3. 2  elected  members  who  are  not  Ministers  or  Assistant Ministers

CHIEF MINISTER

REPORT

1. Background

1. Justice policy and resources: responsibility (P.92/2013)

The  Chief  Minister  lodged  a  Proposition  regarding  Justice  policy  and  resources: responsibility (P.92/2013) on 31st July 2013. The Proposition clarified that the Chief Minister is responsible within the executive branch of government for policy and resources in relation to the overall justice system, the Legislation Advisory Panel, safeguarding human rights, data protection, legal services, constitutional reform, and strengthening democracy. The Proposition was debated by the States Assembly on 25th  September  2013  and  was  adopted  (39 votes  pour;  4 votes  contre;  and 0 abstentions).

2. Access to justice review

During the debate in the States Assembly on 25th September 2013 regarding Justice policy  and  resources:  responsibility  (P.92/2013),  the  Chief  Minister  stated  his intention to commission a review into access to justice in Jersey, and his belief that this was likely to be a lengthy but important piece of work.

3. Developing a draft terms of reference

Following some initial exchanges between the Chief Minister's Department and the Law Officers' Department, a meeting was convened on 11th October 2013 involving a number of the people now proposed as members of the Expert Group, in order to seek their views on the development of a draft terms of reference and methodology. In addition, the Chief Minister held an informal discussion on this topic on 25th October 2013 with Deputies M. Tadier and J.H. Young of St. Brelade , who had requested a meeting in order to convey their thoughts regarding the terms of reference. This resulted in an initial draft terms of reference, which were considered by the Council of Ministers  on  27th  November  2013.  The  Council  agreed  that  the  draft  terms  of reference should be presented by the Chief Minister for consideration by the States Assembly and that the members of the Advisory Panel who will work with the Chair should be proposed for election by open ballot.

2. Draft Terms of Reference, Methodology and Membership

1. Terms of Reference

To undertake a review of access to justice in Jersey, including a review of legal aid, which will –

1. provide  a  comprehensive  and  factual  description  of  the  current  legal  aid scheme;
2. examine the scope for alternative approaches;
3. make proposals for developing further an efficient and effective legal system, which  would  improve  access  to justice  and  the  resolution  of  complaints, whilst delivering value for money in the use of public funds;

4. result  in an  interim  report  being  submitted  to the  Chief  Minister  within 6 months of the work commencing, and a final report being presented to the Chief Minister within 12 months of the date of the interim report.

2. Methodology

In undertaking the review, those participating, with assistance as required, will –

1. take a broad interpretation of access to justice so as to include general advice through to court representation in criminal and civil matters, including child care proceedings;
2. consult widely, gather evidence from the public and interested parties, and compare  Jersey's  legal  system,  including  the  use  of  alternative  dispute resolution and tribunals, and the jurisdiction of the courts, with comparable systems;
3. consider issues in relation to the affordability of access to justice and different models of funding litigation and providing legal representation;
4. be mindful that the availability of a high-quality, efficient and independent legal profession, accompanied by an effective system to handle complaints, is of critical importance in sustaining access to justice and the rule of law;
5. have regard to the potential impact of any recommendations on the users of legal services, public funds, the legal profession and the tradition of honorary service in Jersey;
6. consider competition, price, and other market-based factors as they affect affordability, access to justice and the provision of legal aid in Jersey; and
7. ensure that proposals would provide public confidence in legal aid in terms of eligibility, human rights compatibility, and public expenditure.

3. Membership of the Advisory Panel

The  Advisory  Panel  will  be  chaired  by  Senator  P.F. Routier,  M.B.E.,  and  will comprise  4 other  Members  of  the  States  Assembly  (in  addition  to  the  Chair),  to include those holding both executive and non-executive roles, at least one of whom will hold the position of Connétable .

4. Membership of the Expert Group

The Expert Group will be chaired by the Chief Minister's Department and will consist of one or more representatives from the following, or as otherwise agreed by the Chief Minister –

• Law Officers' Department
• Judicial Greffe
• The Law Society of Jersey
• The offices of the Bâtonnier and Acting Bâtonnier
• Jersey Chamber of Commerce

• Citizens Advice Bureau
• Jersey Consumer Council.

3. Chief Minister's nominees for the Advisory Panel

The  Chief  Minister's  nominees  for the  Advisory  Panel to  be  chaired  by  Senator P.F. Routier, M.B.E., are as follows –

• Senator L.J. Farnham
• Connétable J. Gallichan of St. Mary
• Deputy M. Tadier of St. Brelade
• Deputy J.H. Young of St. Brelade .

4. Financial and manpower implications

There are no additional financial or manpower implications at this initial stage. There may be a need to engage some external support in due course to assist with the production of the interim report, but this would be funded from within existing limits set by the Medium Term Financial Plan, as would other costs associated with the initial stage of the review.

Once the interim report has been submitted within 6 months of the work commencing, then the possible financial and manpower implications of options for future change should become clearer. The terms of reference proposed include the requirement to consider the delivery of value for money in the use of public funds.

2nd December 2013.