States Assembly rules

The States Assembly operates according to specific legislation and rules:

Standing Orders - a comprehensive set of rules that govern the way the States Assembly conducts its business
States of Jersey Law - a law that defines the constitution of the States Assembly, provides for a ministerial system of government and sets out the powers, privileges and immunities of the States Assembly and States Members
Public Finances Law - a law that describes the budget cycle that must be followed, including the role of the States Assembly, and that defines the various funds in which public money is invested
Code of Conduct for States Members - a set of rules that describe how Jersey's elected States Members should act and undertake their role

Standing Orders

It is a recognised principle of parliamentary democracy that parliaments, such as the States Assembly, are in control of their own functions and procedures. The States Assembly generally exercises this control by agreeing Standing Orders that are rules that describe how the Assembly and States Members should operate. The Standing Orders cover a number of different elements, including:

the way in which States Meetings are organised and conducted;
the way in which questions are submitted and answered;
how propositions (debate subjects) are prepared, brought to the Assembly and debated;
the way in which Ministers and the Assembly’s Committees and Panels are appointed;
the terms of reference of the Assembly’s Committees and Panels; and
the Code of Conduct for Elected States Members.

All Standing Orders, and any changes to them, must be approved by the Assembly through the adoption of a proposition; a process which allows all States Members to debate, contribute to and decide upon the rules that apply to their work. Any States Member may bring a proposition to introduce a new Standing Order or to change the existing ones. For the most part, however, responsibility for monitoring the existing rules and for bringing updates and changes to the Assembly rests with the Privileges and Procedures Committee (PPC).

The Standing Orders are applied by the Bailiff (or, in the Bailiff’s absence during a States Meeting, by whoever is presiding at the meeting). Whenever there is a “point of order” during a States Meeting (a question about what the rules mean), the Bailiff or Presiding Officer will make a ruling to determine what the Standing Orders mean for the circumstances in question and how they should be applied. The States Greffe maintains records of these determinations, or rulings, to assist with understanding the way in which the States Assembly works. Where a situation arises that is not covered by Standing Orders, Standing Orders themselves allow for the Bailiff to determine and rule on what procedure should apply to that situation.

States of Jersey Law 2005

The law sets out:

Jersey's ability to govern itself in all internal affairs;
The membership of the States Assembly and the way in which States Members are elected;
The make up of the Council of Ministers and the roles of Ministers;
The powers and privileges of the States Assembly;
The various committees and panels that must be set up by the States Assembly;
The role of the Greffier of the States and of the States Greffe; and
The oath of office for Deputies and for the Greffier of the States.

The constitution of the States Assembly is determined in accordance with the Law and comprises the Bailiff, the Lieutenant-Governor, the 12 Connétables, the 37 Deputies, the Dean, the Attorney General and the Solicitor General. The Law sets out that all Members have the right to speak but only elected Members (the Connétables and Deputies) have the right to vote. The Law defines the Bailiff as President of the States and says that the Bailiff presides at each States Meeting; in the Bailiff's absence, this role is taken by the Deputy Bailiff, an elected States Member, the Greffier of the States or the Deputy Greffier of the States.

The Law provides for the election of Deputies every 4 years. It defines the constituencies into which the Island is divided for the purpose of Deputies' elections and states how many Deputies are elected by each constituency. The Law sets out the qualification and disqualification criteria for being a Deputy, including that candidates must declare that they are qualified and that they do not have certain convictions in order to be able to stand. The oath of office for Deputies is included in the Law and the legislation describes how Deputies can resign from office and how by-elections are held. There is separate legislation that governs the election of Connétables: the Connétables (Jersey) Law 2008.

A ministerial system of government is established through the Law and the legislation describes the role of the Council of Ministers and the powers of Ministers (including the ability to delegate responsibilities). The Law also describes the role of the Greffier of the States, and the States Greffe, in supporting the work of the States Assembly. In addition, it sets out the powers and privileges of the States Assembly (and of States Members), including the freedom of speech during States Assembly proceedings. 8 Parts, with Part 1 covering the definitions of terms used in the Law.

Public Finances Law (Jersey) 2019

The Public Finances Law sets out how the Government manages public money and the role of the States Assembly in approving how the Government spends money. The Law establishes the Funds where public money is held and what the money in the Funds can be used for. It also requires the Council of Ministers to prepare a Budget (referred to in the Law as the Government Plan) every year outlining how public money will be spent the following year and how income will be delivered.

The Budget gives authority to the Council of Ministers to spend and invest money. It must be lodged so that the States Assembly can debate and approve it before the start of the financial year on 1 January. Any Member can propose amendments to a proposed Budget.

Once the Budget is approved, legislation is needed to implement some of its provisions. Changes in taxes (including stamp duty and impôts duty) are done in an annual Finance Law. The Law sets out special procedures that apply to legislation that imposes, changes or abolishes a tax or duty (known as a “taxation draft”) so that these measures can be in force in time for the start of the financial year. Using those procedures, the Assembly approves an Act of the States (known as an Acte Opératoire) that allows the provisions to take effect after the Act has been approved and before the Law has gone through the other stages that are usually needed for a Law to take effect, such a Royal Assent.

Codes of Conduct

All elected States Members are required to comply at all times with the Code of Conduct for Elected States Members. The Code of Conduct is included in the Standing Orders and it describes how States Members are expected to act and undertake their responsibilities.

The Code places a duty on States Members to act in the public of interest and sets out general principles of conduct: selflessness, integrity, objectivity, accountability, openness, honesty and leadership. The Code also explains to Members how they should approach conflicts between public and private interests, the receipt of gifts and hospitality and access to confidential information.

Elected States Members who are Ministers and Assistant Ministers must also comply with the Code of Conduct for Ministers and Assistant Ministers. This Code is adopted by the Council of Ministers in accordance with Article 18(3A)(b) of the States of Jersey Law 2005.

Complaints that an elected States Member has breached the Code of Conduct, or that a Minister or Assistant Minister has not followed the Code of Conduct and Practice, are submitted to the Commissioner for Standards for consideration and investigation.