The origins of the legislature of Jersey lie in the system of self-government according to Norman law guaranteed to the Channel Islands by John, King of England, following the division of Normandy in 1204.[2] The States Assembly has exercised uncontested legislative powers since 1771, when the concurrent law-making power of the Royal Court of Jersey was abolished.[3]
The Assembly passes and amends laws and regulations; approves the annual budget and taxation; appoints the chief minister, ministers and members of various committees and panels; debates matters proposed by the Council of Ministers, by individual States Members or by one of the committees or panels. Members are also able to ask questions to find out information and to hold ministers to account.[4]
Executive powers are exercised by a chief minister and eleven ministers, elected from among the members of the Assembly, and are known collectively as the Council of Ministers. Ministers are accountable to the Assembly for the conduct of their departments.
History
Royal coat of arms (Hanoverian) on the States building in St. Helier
Establishment
The legislature derives its name from the estates (French: états) of the Crown (represented by the Bailiff and Jurats), the Church (the rectors of the parishes) and the people (represented by the connétables) from whom the Assembly was originally summoned. Today, the three estates still exist; however, all three now represent the island population (through the island, the parishes and their districts).
In 1259, Henry III signed the Treaty of Paris, resigning his claim to the Duchy of Normandy except the Channel Islands. The Channel Islands were not absorbed into the Kingdom of England but two offices were appointed; the Warden (the Monarch's representative) and the Bailiff. Other sources state that the Bailiff was in fact appointed initially by the Warden in 1235.
The existing Norman customs and laws were allowed to continue and there was no attempt to introduce English law. The formerly split administrative system was replaced with a centralised legal system (the basis of the 'States'), of which the head was the King of England rather than the Duke of Normandy. The law was conducted through 12 jurats, constables (connétable) and a bailiff (Baillé).[5]: 27–8
The role of the Jurats when the King's court was mobile would have been preparatory work for the visit of the Justices in Eyre. It is unknown for how long the position of the Jurats has existed, with some claiming the position dates to time immemorial. After the cessation of the visits of the Justices in Eyre (and with the frequent absence of the Warden), the Bailiff and Jurats took on a much wider role, from jury to justice.[5]:28
1771 Code of the Laws for the Island of Jersey
Originally the Royal Court had legislative power but by the sixteenth century a legislative assembly within the Royal Court was convened.
The earliest extant Act of the States dates from 1524. The States are mentioned in a document of 1497 regarding the endowments of the grammar schools; by 1526 attendance by members at the assembly was evidently a requirement, as in that year the Rector of St Mary was fined for failure to attend.[6]
In 1541, the Privy Council, which had recently given a seat to Calais, intended to give two seats in Parliament to Jersey. Seymour, the Lieutenant-Governor, wrote to the Jurats, instructing them to send two Burgesses for the isle. However, no further steps seemed to have been taken since the letter did not arrive in front of the States Assembly until the day the elected persons were required to arrive in London.[5]:70
In the early seventeenth century separate minutes of the States of Jersey were first recorded.
When the monarchy was restored, King Charles II who had escaped to Jersey on his way to exile in France rewarded Jersey with the power to levy customs duties. This power, exercised by the Assembly of Governor, Bailiff and Jurats, was finally taken over by the States of Jersey in 1921, thereby enabling the States to control the budget independently of the Lieutenant Governor.[citation needed]
The Royal Court and the States both legislated until with the fixing in 1771 of the Code des Lois it was established that the States had a legislative monopoly.[3]
Reform in the 19th century
The States voted on 6 November 1856 to adopt a law to add 14 deputies to the assembly to counterbalance the mismatch of population and voting power between St Helier ('town') and the country parishes. The first deputies were elected 12 January 1857.
The first election by secret ballot was held 1 December 1891.[citation needed]
États de Jersey and arms on the original terminal building of Jersey Airport built by the States in 1937
Reform in the 20th century
Prior to constitutional reforms of 1948, Jurats and the Rectors (senior priests of the Church of England) had central roles in the Assembly. Jurats, elected for life by island-wide suffrage, presided over Assembly committees and sat in the Royal Court.
The reforms, introduced by the UK Government after the Occupation, significantly altered the composition of the States Assembly:[7]
Jurats were removed for the States Assembly and their responsibilities were limited to judicial matters in the Royal Court.
Senators were introduced, with 12 elected on an island-wide basis. Initially, they served 9-year terms, later reduced to 6 years.
Rectors, with the exception of the Dean of Jersey (who is Rector of St. Helier) ceased to the members of the Assembly. The Dean remained in the Assembly, but no longer had a right to vote.
The number of Deputies was increased.
The Assembly's working language changed from French to English during the 20th century. English was permitted in the Chamber from 1900. Legislation started to be written in English from 1945.[8]
Reform in the 21st century
In 2000, a review panel led by Sir Cecil Clothier proposed a series of significant political and constitutional reforms. Key recommendations included the following:[9]
All members of the Assembly would be elected on a single day, replacing the staggered election schedule for Senators, Deputies, Connétables.
The Assembly would consist of 42–44 members, all holding the title 'Member of the States of Jersey'
The 24 States committees would be replaced by a ministerial system, with ministers heading seven departments. A Chief Minister and Council of Ministers would be appointed by the Assembly.
Proceedings of the Assembly would be recorded and published as a Hansard report.
The Bailiff would no longer preside over the States Assembly, which would elect its own speaker.
An Ombudsman would replace the States of Jersey Complaints Panel.
The proposals to remove Connétables and the Bailiff from the Assembly faced political opposition and were not implemented. Nor has an Ombudsperson been created.[10]
In response to criticisms of the system of ministerial government, the Assembly established an independent electoral commission in 2011 to review the structure of the Assembly.[12] The Commission proposed reducing the number of members to 42, dividing the island into six electoral districts with seven Deputies, and that holding a referendum on whether the Connétables should remain in the Assembly.[13] A referendum was held in 2014, in which a large majority voted to keep Connétables in the States.
The 2022 general election was the first under the new electoral system of 37 elected Deputies and 12 Connétables.[14]
The States Building
The States Building sits on the southern side of the Royal Square in St Helier. As well as the chamber, it includes committee rooms and facilities for members. It is part of a complex comprising the Royal Court, Bailiff's Chambers and Judicial Greffe.
Until 1887, the States had no meeting place of their own. They used to meet in the Royal Court on the Royal Square. The present chamber was opened in 1887, after a proposition was lodged au Greffe eleven years earlier providing for the establishment of a States Room above the Royal Court extension.[15] The development and construction of the chamber were symbolic of the Assembly's increasing prominence and independence, and of Jersey's growing autonomy.[8]
Seating in the chamber is in Jacobean style, with the benches arranged in horseshoe form around the twin seats of the bailiff and lieutenant governor. The bailiff's seat is raised slightly higher than that of the lieutenant governor to demonstrate his precedence.[16]
The initial members' seating arrangements were, from the point of view of the president: Jurats to sit on the left, Rectors to sit on the right and Deputies in the centre.[8]
After 1948, the Senators sat where the Jurats did before them, and then Connétables to their left and Deputies to their left (a reduction in seniority as one moves left to right).[8]
Since the last Senators were removed in 2022, Connétables sit in one bloc, and Deputies in another.[17]
There is no requirement for the States to meet in a particular place. For example, during the Civil War, the Assembly met at Trinity Parish Church and in 1769 at Elizabeth Castle. The States also meet elsewhere (such as the Town Hall) during refurbishment works or once in 2014 during a fire alarm). The Assembly has variously met outside.[8] In 2020, due to the COVID-19 pandemic, the States met online using Microsoft Teams and in a socially distanced setting at Fort Regent.[18]
Very few changes have been made to the chamber since it opened.[15] In the 2000s, a major refurbishment led the Bailiff's offices to be moved elsewhere in the complex and improvements for States Members' facilities.[8]
Each of the 12 parishes elects as Connétable as its civic head. By reason of this office, they are ex officio members of the Assembly.
Elections are on a first-past-the-post for a four-year term. Where running unopposed, prospective and incumbent Connétables must run against a None of the Above option. Collectively, they form the Comité des Connétables.[19]
Non-elected members
There are also five non-voting members appointed by the Crown:[20]
the Bailiff –who is the President (presiding officer); in his absence, the Deputy Bailiff or the Greffier, Deputy Greffier or an elected member presides
the Lieutenant Governor of Jersey–who regularly attends the States but by convention only speaks at the ceremonial sittings marking his appointment and leaving office
the Dean of Jersey–who conducts the opening prayers in French at every sitting and who may speak on any issue
the Attorney General–the principal legal adviser to the States who may be called on to provide legal advice during sittings
the Solicitor General–the Attorney General's deputy.
The Viscount is the executive officer of the States (but is no longer a member of the Assembly).[22]
Executive functions
Since the creation of ministerial government in 2005, the States Assembly does not have executive powers. Under the States of Jersey Law 2005, a Council of Ministers is selected from the States Assembly, whose members are the chief minister and at least seven ministers. The executive arm of government is the Government of Jersey.
Legislative functions
A main type of legislation made by the States is known in English simply as a 'Law', and in French as a Loi (not an 'Act' as in the United Kingdom—in Jersey an Act or Acte of the States is an administrative enactment and may be in the nature of secondary legislation). After a Law is adopted by the States it is reviewed by the UK Ministry of Justice, then must receive royal assent and be registered with the Royal Court of Jersey before it is 'passed'.
Concerns have been raised about the adequacy of legislative scrutiny within the Assembly. In 2013, the Electoral Commission highlighted that most primary legislation was passed with minimal parliamentary examination, describing this as a 'serious democratic deficit'.[23] Similarly, in 2014, the then Bailiff observed that detailed legislative provisions often did not receive the level of scrutiny that would be ideal.[24]
Further analysis in 2017 by the Assembly's Privileges and Procedures Committee (PPC) revealed that only 19% of the Assembly's time in 2016 was devoted to legislative matters, including debates on both the general principles and detailed articles of proposed laws.[25] The PPC also noted that draft legislation was rarely reviewed by scrutiny panels. In 2021, the PPC acknowledged some improvements, stating that legislative scrutiny had become a more regular part of the Assembly's work. However, they pointed out that progress continued to be hindered by limited time and insufficient expertise.[26]
Scrutiny functions
Members of the Assembly are responsible for scrutinising the work of the Council of Ministers, ministers and their departments.
Under the Assembly's standing orders, there are five permanent Scrutiny panels of backbench members:
Temporary 'Review Panels' may also be established to examine specific issues, for example: Brexit,[32] Future Hospital,[33] Care of Children in Jersey,[34]Gender Pay Gap,[35]Legal Aid,[36] One Government,[37] The Transfer of the Ambulance Service and CAMHS,[38] Government Plan,[39] Government Plan Efficiencies,[40] Safer Travel Guidelines,[41] and Migration and Population.[42]
A Public Accounts Committee (PAC), which includes external expert members, scrutinises the spending of public finances.[43] The real utility of the panels is said to be "that of independent critique which holds ministers to account and constructively engages with policy which is deficient".[44]
In May 2022, the Privileges & Procedures Committee published an updated assessment of how the island meets the Commonwealth Parliamentary Association's benchmarks for democratic legislatures.[45] It reported that Jersey did not comply with the following benchmarks related to oversight of human rights:[46]
The oversight authority of the national Legislature shall include effective oversight of compliance with international treaties and obligations, including international human right instruments …
The Legislature shall establish a Human Rights Commission, or similar office, with the mandate to protect against human rights violations.
Voter turnout
Jersey has the lowest voter turnout of OECD countries. Turnout at Jersey's 2022 election was just 41.7% – the third lowest figure in the last 30 years.[47]
Broadcasting and webcasting
Since 1986, BBC Radio Jersey broadcasts the main States sittings live. In 2015, cameras were installed in the States Chamber to provide a live and on-demand video stream through the States Assembly website.[48]
^ abcSyvret, Marguerite (2011). Balleine's History of Jersey. The History Press. ISBN978-1860776502.
^Balleine's History of Jersey, Marguerite Syvret and Joan Stevens (1998) ISBN1-86077-065-7
^Report of the Committee of the Privy Council on the Proposed Reforms in the Channel Islands. London: HMSO (published 1947). March 1947.{{cite book}}: CS1 maint: date and year (link)
^Morris, P.E. (2008). "The new systems of government in the Channel Islands". Public Law. [2008] (Autumn). London: Sweet and Maxwell: 430. ISSN0033-3565.
^The Global Human Rights Implementation Agenda: the role of national parliaments. London: Commonwealth Secretariat. 2018.{{cite book}}: CS1 maint: date and year (link)
1 "Bailiwick-wide" legislation passed in the States of Guernsey applies not only in Guernsey, but also in Alderney and Sark, with the consent of their governments.
2 Although Island Councils for Ascension and Tristan da Cunha exist, they are purely consultative. Legislation is enacted by the Governor, although this power is normally exercised on their behalf by an Administrator.
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