KEEP THE ELECTORAL COMMISSION INDEPENDENT! - St Helier Parish Assembly - Wednesday 29th

Following on from the success in St Clement last week, a special St Helier Parish Assembly has been called this Wednesday 29^th February to keep the Electoral Commission independent.

The first issue on the agenda in the Town Hall at 7.30pm will be a resolution to support the amendments of Deputy Roy Le Herissier that seek to restore the spirit and integrity of the original proposition debated and passed by the States last year. Deputy Le Herissier will be addressing the Assembly to explain the impact of his amendments and why the public should be urging their States representatives to support him.

Here is the resolution:

 "to consider the merits of the proposition of the Privileges and Procedures Committee (Projet 5 of 2012 Electoral Commission: composition and terms of reference) and further to consider the amendments thereto lodged by Deputy R G Le Herissier and to decide whether or not to express support for those amendments and advise the Connétable, the ten Deputies and the ten Senators accordingly;"

To understand the way in which the PPC’s proposition P.5/2012 fails to embody the terms of the proposition passed by the States in 2011, I have sought to set out  below the salient changes to both the TERMS OF REFERENCE and to the COMPOSITION of the Electoral Commission.

Before that, you can listen to interviews with two of the four persons that requisitioned the forthcoming  Assembly, Darius Pearce and myself, explaining why it was called and what we hope to achieve.

ELECTORAL COMMISSION - TERMS OF REFERENCE

P15/2011  (As approved by the States in Debate on 15.03.2011 )

“1. The Electoral Commission shall consider all the following areas –

· Classes of States member

· Constituencies and mandates

· Number of States members

· Terms of office

· The functions of the electoral process [Amendment approved duringDebate]

· Voting systems

· Voter registration ”

As revised by PPC in P5/2012 (Lodged 13.01.2012)

“1. The Electoral Commission shall consider all the following

areas –

· Classes of States member;

· Constituencies and mandates;

· Number of States members; ”

Deputy Le Herissier Amendments to P5, REINSTATES TWO OF THE THREE ITEMS LISTED IN P15 BUT OMITTED IN P5:

· The functions of the electoral process;

· Voting systems;

ELECTORAL COMMISSION – COMPOSITION

P.15/2011  (As approved by the States in Debate on 15.03.2011 )

P.15 proposed the Electoral Commission should comprise “a Chairman and 2 other members from outside the Island and of 3 Jersey residents”. This was amendment so as

“to request the Privileges and Procedures Committee, after consultation, to bring

forward proposals for debate ahead of the debate on the Annual Business Plan 2012

detailing the proposed composition of the Electoral Commission, …;”

R.54/2011 PPC Consultation document (13.05.2011)

In R.54/2011, PPC listed 3 possible options for the composition of the Commission: -

Option 1 – Chairman and 2 members from outside Jersey, 3 members from Jersey;

Option 2 – Chairman from outside Jersey, 3 or 4 local members;

Option 3 – No outside members – Chairman and members from Jersey.

R110/2011 PPC Report (07.09.2011)

PPC duly reported and recommended the Commission comprise: - 5 members, with a

local Chairman, 2 members from Jersey and 2 expert members from outside the

Island.

As revised by PPC in P5/2012 (Lodged 13.01.2012)

“(a) to agree that the Commission should be comprised of 3 members of the States, one of whom shall be its Chairman, together with 3 other persons with appropriate skills and experience who are not members of the States, appointed by the States on the recommendation of the Privileges and Procedures Committee following a recruitment process overseen by the Jersey Appointments Commission;”

Deputy Le Herissier Amendments to P5, WHICH WILL THEN READ:

“(a) to agree that the Commission should be comprised of 7 independent members, one of whom shall be its Chairman, possessing appropriate skills and experience, appointed by the States on the recommendation of the Privileges and Procedures Committee following a recruitment process overseen by the Jersey Appointments Commission;”

Push back against PPC coup – Coordinated Meetings defend independence of Electoral Commission

Those genuinely concerned about the fate of constitutional and political Reform in Jersey would be well to attend a series of meetings organised to raise public awareness of the dangers posed to the Electoral Commission by the Privileges and Procedures Committee (PPC) Proposition P5/2012, due to be debated by the States on 6th March.

PARISH ASSEMBLY  ST CLEMENTS TUESDAY 22ND FEBRUARY 7.00PM
PARISH ASSEMBLY  ST HELIER WEDNESDAY 29TH FEBRUARY 7.30PM

PPC were supposed to be implementing a decision of the States taken in 2011 to establish an independent Electoral Commission. Following what amounts to a coup,  the forces of conservativism on PPC have produced a Proposition that will subvert the independence of the Electoral Commission by packing it with States Members and limiting the remit of its enquiry. Were this to succeed, Reform, in its broadest democratic sense, would be derailed for another generation.

Meetings, Meetings, Meetings

The first meeting begins this week with a Parish Assembly in St Clements on Tuesday 21^st February at 7.00pm.

Residents in District No.1 St Helier have called a Parish Assembly for Wednesday 29th February at 7.30pm.  The Electoral Commission will be the first item on the agenda.

Deputy Roy Le Herissier will be speaking in both St Clement and St Helier in support of his amendments to the PPC Propostion (P5/2012) to restore the independence of the Commission. Others speakers may be invited.

The Jersey Rights Association had also planned to hold a meeting in the form of a public debate however this has been cancelled as they were unable to secure speakers in favour of the PPC proposition. Alas, disdain is the usual modus operandi of those on the Right and a refusal to engage with opponents was to be expected. It is understood the JRA may hold a meeting at a later date.

Resolution

The Parish Assembly will debate and vote on the following resolution:

“To consider the merits of the proposition of the Privileges and Procedures Committee (Projet 5 of 2012, Electoral Commission: composition and terms of reference) and further to consider the amendments thereto lodged by Deputy R. G. Le Herissier and to decide whether or not to express support for those amendments and advise the Connétable, the ten Deputies and the ten Senators accordingly.”

Reform delayed

Reform of the States has been an issue for at least a decade and longer, with the landmark Clothier Report in 2000 setting out concrete proposals for a modernised structure. Changing the “1948 Constitution” has met stiff resistance from power holders and vested interests opposed to democratisation. It is no surprise to see Senator Philip Bailhache, a former Crown Officer and Bailiff, leading the forces of privilege. This issue is often presented as “turkeys not voting for Christmas”, yet it is more complex than simply vested interest resisting change, it a very conscious refusal to take steps that would open up the political system to broader democratic participation.

The States has been incapable of reforming itself in any meaningful way, in spite of the important Clothier and Carswell reports. Positive models and sound principles have been ignored in favour of pragmatism. The only positive step forward has been a single election day for all members. The arbitrary removal of two Senators was a gesture towards reducing the number of States Members without any intellectual case having been made for what is the optimum number. The fault lies not with the reports but with the reluctance of the States.

The magic number “42”

During the elections Sir Philip Bailhache outlined his view of “reform”. This amounted to no more than the retention of the 12 Constables and reduction of the others to 30 members. Retaining the Constables is justified ideologically as “maintaining the Parish link”. The reality is more prosaic; the Constables provide a voting block that can be relied upon to support political leaders comprised mainly of senior Senators. A passive bloc sustains an active leadership group.

Kicking the can down the road

The States agreed to the creation of an Electoral Commission aware that they were incapable of making any significant headway on the issue of constitutional reform. It was a classic act of prevarication and delay.

PPC Putsch 

The States debated and approved Proposition P15/2011 for the creation of an Electoral Commission and left PPC with the practical implementation.

However, with the election of Senator Philip Bailhache to the States at the October elections and his membership of the new PPC, the intentions of the original Proposition have ended up being subverted.

Using their majority on PPC, the supporters of Senator Bailhache have created Proposition (P5/2012) that loads the Commission with an equal number of States Members whilst limiting the remit of enquiry. Worse still, Senator Bailhache has expressed his desire to sit on the Electoral Commission and act as its chairman.

The Electoral Commission was conceived as being made up exclusively of lay members. States Members were excluded as it was perceived they could never be impartial or provide the necessary objectivity. Lay member were conceived of as having no existing vested interest or preconceived notions. The PPC Proposition (P5/2012) includes three States Members.

Minority Report

PPC comprises seven members and those supporting Senator Bailhache were Senator Ferguson, Deputy Moore and Constable Norman.

So concerned by overall developments were Deputies Montfort Tadier and Judy Martin, two members of PPC, that they were moved to produce a Minority Report dissenting from P5/2012 and setting out the arguments why the Electoral Commission needs to remain independent.

Le Herissier amendment

With two lodged amendments to P5/2012 Deputy Le Herissier seeks to restore the intention of the Propostion as debated in 2011 for an Electoral Commission comprising only lay members and no State Members. These will be considered by the States on 6th March.

It is believed that a further more substantive amendment Proposition will be presented to reinstate the original terms of reference.

The forthcoming meetings will give the public an opportunity to resist the the coup on PPC that has subverted the cause of Reform.

Daniel Wimberly proposed the creation of an Electoral Commission and lodged P15/2011 which the States debated and approved. His recent letter to the JEP in defence of the original spirit of his propostion can be read here.

Deputy Le Herrisier, author of two amendments and Deputy Tadier, co-author of the Minority Report, outline their concerns in an interview on the Tom Gruchy blog