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WQ.414/2020
WRITTEN QUESTION TO H.M. ATTORNEY GENERAL BY THE CONNÉTABLE OF ST. MARTIN
ANSWER TO BE TABLED ON MONDAY 2nd NOVEMBER 2020
Question
Will H.M. Attorney General advise what changes in legislation, if any, will be required to allow Deputies of multi-Parish constituencies to speak at Parish Assemblies and other Parish-based meetings and events, should P.139/2020 be approved by the States Assembly, as recommended in the States of Jersey's Electoral Commission Report 2013 (R.2/2013)?
Answer
In respect of Parish Assemblies, if P.139/2020 is approved, an amendment will be needed to Article 3 of the Loi (1804) Au Sujet Des Assemblées Paroissiales.
At present that Article reads:
"Les Députés des Etats ont droit d'assister, mais pas de voter, dans l'Assemblée de la paroisse qu'ils représentent ou dans laquelle est située la circonscription électorale qu'ils représentent, selon le cas."
(In unofficial translation, this states that "Deputies of the States shall have the right to attend, but not to vote, in the Assembly of the Parish that they represent or in which the constituency that they represent is situated, as the case may be.")
If the intention is that the right of a Deputy to attend and speak (but not to vote) be extended to cover the Assembly of every Parish in the multi-Parish constituency represented by a Deputy , then Article 3 of the Loi (1804) would need to be amended to reflect this.
In respect of "Parish-based meetings or events", the ambit of this is very wide. Unless this description consists of bodies established by customary law or statute then no legislation is needed to enable Deputies for multi-Parish constituencies to attend such meetings or events if they are invited.