Deputy Trevor Pointon has lodged a proposition requesting that the changes, which form part of chief executive Charlie Parker’s drive to overhaul the civil service, should only go ahead if States Members, ‘as legislators’, have agreed to them.
The proposition, which is due to be debated on 26 March, follows a letter sent to the Home Affairs Minister earlier this month by 12 former police officers who claim that Mr Parker’s proposed reforms are unlawful and undermine the independence of the police.
‘What I am asking for in this proposition is that any organisational changes within Justice and Home Affairs requiring an alteration in law, should come to the Assembly first to ensure that we, as legislators, agree on the law changes before organisational restructuring is implemented,’ Deputy Pointon said.
The proposed restructure is being presented to staff as a consultation, which closes on 6 March.
However, despite the fact that Deputy Pointon has published some material from the consultation and that former police officers have expressed concerns over the plans, States officials have refused to release the document to the JEP.
The letter sent to Constable Len Norman echoes concerns raised by Deputy Pointon about the number of laws that would need to be changed if the proposed reforms were made, and the emergency services were to be brought under the direct line management of civil servants who report to Mr Parker.
‘The proposal, as outlined in the Justice and Home Affairs consultation document, is not compliant with current Jersey legislation,’ the letter says. ‘Engaging in consultation or discussions places the police in an untenable position as it would add legitimacy to the consideration of not complying with the law.’
In his proposition, Deputy Pointon has identified four separate laws with which Mr Parker’s proposals do not currently comply.
‘In addition, I am asking that change to any department within the States of Jersey that is regulated in law should be preceded by a consultation with the Assembly through Scrutiny, followed by any necessary legislative changes, before organisational practice changes,’ he added.
The Chief Minister and Home Affairs Minister released a joint statement saying that Deputy Pointon’s proposition was ‘a constructive contribution’ and deserved support in the Assembly.
‘In the meantime, the consultation on the proposed new structure for Justice and Home Affairs can continue, and any concerns raised will be considered and addressed before the proposed new structure is finalised,’ they added.
‘With regard to the wider implications of this proposition for the public service, the Council of Ministers will be considering this matter in due course, engaging with States Members before the debate.’
