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WRITTEN QUESTION TO THE CHIEF MINISTER BY DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR
ANSWER TO BE TABLED ON TUESDAY 3rd JUNE 2008
Question
"Would the Chief Minister confirm that public employees campaigning for election are entitled to campaign during vacation periods and during Time off in Lieu'?
If limitations or restrictions exist would the Chief Minister confirm that they are consistent with the European Convention on Human Rights and other relevant legislation?"
Answer
Under the Regulations which amended the Employment of States of Jersey Employees (Jersey) Law 2005 and which were approved by the States last September, a public employee whose post is classified as ''politically eligible'' can participate in political activities, including campaigning for election, at any time outside of work. This includes vacation periods and 'time off in lieu.'
Pursuant to the above provisions, if a politically eligible employee wishes to stand for election to the States, he or she is required to take unpaid special leave of absence from the date they are formally nominated as a candidate until the date of swearing in as a States Member if successful or at a date not exceeding four weeks after the election if unsuccessful.
Whilst it is not necessary or appropriate to lodge a statement of compatibility in relation to the Regulations, it is believed that such Regulations (and their application) are consistent with Convention rights and other relevant legislation.