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Amendment to Standing Orders – timeline for Ministerial Appointments

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STATES OF JERSEY

AMENDMENT TO STANDING ORDERS

– TIMELINE FOR MINISTERIAL APPOINTMENTS

Lodged au Greffe on 12th November 2024 by the Privileges and Procedures Committee Earliest date for debate: 10th December 2024

STATES GREFFE

2024  P.80

PROPOSITION

THE STATES are asked to decide whether they are of opinion to make the following amendments to the Standing Orders of the States of Jersey, with immediate effect

Time for selection of Chief Minister and Ministers other  than following ordinary election

  1. Standing Order 113 [Time for selection of Chief Minister and Ministers other than following ordinary election]
  1. In paragraph (1), after the words "other than an ordinary election" insert "or the death of the Chief Minister".
  2. After paragraph (1) insert the following new paragraph –

"(1A) The period within which the States must select an elected member for

appointment as Chief Minister following the death of the Chief Minister is 21 days."

Chief Minister: nominations

  1. Standing Order 115 [Chief Minister: nominations]

(a)  Replace paragraph (1)(d) with –

"(d)  submitted to the Greffier no later than 5pm of the working day that is –

  1. 3 clear working days before the beginning of the meeting in which the selection is to be made, if the nomination follows a decision  that  the  States  have  no  confidence  in  the  Chief Minister or in the Council of Ministers; or
  2. 5 clear working days before the beginning of the meeting in which the selection is to be made, in all other cases.".

 PRIVILEGES AND PROCEDURES COMMITTEE

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P.80/2024

REPORT

Introduction

The Privileges and Procedures Committee (PPC) is proposing amendments to two of the Standing Orders of the States of Jersey.

At its meeting in September 2024 the Machinery of Government Sub-Committee discussed Standing Order 113 and 115 in relation to setting out the process for selecting a new Chief Minister and Minister in situations other than those which followed an ordinary election, as well as setting out the nomination process for the Chief Minister, to include the deadline by which such nominations must be received by the Greffier of the States.

Following the adoption of proposition P.1/2024 - Vote of no confidence: Chief Minister, it had become apparent that some challenges existed regarding the practical application of the aforementioned Standing Orders in the context of the timescales and deadlines involved. Consequently, the Sub-Committee was requested to consider amendments to Standing Orders so that appropriate deadlines were set for the various scenarios which necessitated the appointment of a new Chief Minister.

The Sub-Committee discussed the timeline of events following the lodging and adoption of P.1/2024 - Vote of no confidence'. Consideration was also given to the Elections (Jersey) Law 2002 and Standing Orders in connexion with processes following the death of a Member in service and subsequent by-elections.

Time for selection of Chief Minister and Ministers other than following ordinary election

The Sub-Committee proposed that, in the event of the death of a serving Chief Minister, the timeline to elect a replacement ought to be extended to a period of 3 weeks. This would allow for a 7-day period of respect, followed by a 2-week duration to allow for nominations to be submitted by interested parties and the election of the new Chief Minister to take place. It was noted that the incumbent Deputy Chief Minister would step up during this period.

Chief Minister: nominations

The Sub-Committee proposed that, in the event of a successful vote of no confidence' against the Chief Minister, a period of 3 working days be allowed for interested parties to submit their intention to stand for election of Chief Minister, along with 6 signatures of support from sitting Members and a manifesto. The Sub-Committee felt that the current 24-hour time limit had proved to be problematic and stressful for candidates following the approval of P.1/2024 - Vote of no confidence' in January 2024.

At its meeting in October 2024 PPC supported the proposed changes by the Sub- Committee.

Financial and staffing implications

There would be a marginal administrative impact of the proposed amendments, which could be easily accommodated within existing resources.

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P.80/2024