The topic of electoral reform has dominated the States agenda for a number of years although meaningful changes have not been forthcoming despite numerous reports and reviews criticising the Island’s overly complicated and inequitable system.
Now, the Privileges and Procedures Committee have brought new proposals which, if approved, would cut the number of States Members by three, remove the Islandwide mandate of Senator, take Constables out of the States and see Islanders vote for five or six representatives across nine districts. The first election under the proposed new system would be held in 2022.
A 2013 referendum was held on electoral reform but the winning option – which would have seen 30 Deputies across six districts and 12 Constables elected to the Chamber – was never implemented.
A further referendum a year later resulted in overwhelming support for Constables to remain as automatic States Members.
VIDEO: Watch States Members explain the new proposals
However, PPC chairman Russell Labey said that the current electoral system put the Island in breach of international standards and was a ‘human rights issue’ that needed to be urgently addressed.
Last year, election observers from the Commonwealth Parliamentary Association reviewed the general election and found that the Island’s political system was lacking in several key areas including voter equity. They also criticised the number of uncontested elections.
Deputy Labey said: ‘The States Assembly – in a debate that lasted less than 20 minutes and was approved on a standing vote – agreed a change to the electoral law to invite Commonwealth Parliamentary Association observers to Jersey.
‘The report we received from the electoral observers has enormous, far-reaching consequences for democracy because it tells it how it is.
‘It is a human rights issue. Jersey is signed up to the Venice Commission and, more importantly, the UN convention on free and fair elections and we, as it stands, are in breach of them because our system is lacking. As the report said, the fact that we don’t have voter equality and voter equity, that we have so many uncontested elections and such a low voter turnout is wrong. All of that combined led the observers to suggest that elections in Jersey were not fully genuine.
‘That should be a wake-up call to the Assembly and to parliamentarians that should be serious and addressed.
‘It is there in black and white and there not only for us to see, but for the rest of the world to see.’
It is almost two decades since the release of the Clothier report into electoral reform. Since then, there have been more than 50 propositions seeking reforms of the composition of the Assembly.
‘It would damage our reputation internationally if we were not to respond soon to their report,’ Deputy Labey said. ‘We are anxious as a finance centre to make sure we are in line with all sorts of international financial standards and regulations and we are. But this is a human rights issue and if people are participating in our electoral process, and it is not a free and fair election and not fully genuine, that is an infringement of their human rights.
‘Jersey can’t pick and choose the international treaties we are signed up to, which ones we turns a blind eye to and are in breach of.
‘Why would we want to not listen to the observers we have invited here who pointed out where we are going wrong? Do we want to be in the club of nations that don’t listen to their advice? Do we want to not be giving our people fair votes? Why would we want to be in that club?’
And he said that Constables would still be eligible to stand for election in one of the nine districts but that the proposition would simply remove their automatic right to a seat in the Chamber.
‘The proposition says that Constables should not be in the States by virtue of their office,’ he said. ‘In a modern democracy, every Member should be elected to the parliament – that is not the case with the Constables.
‘They are elected to run the parish and by virtue of that they hold a seat in the parliament.’
He said the planned changes would effectively implement the Clothier recommendations but bring it in line with modern international standards – ‘this is Clothier for the Venice Commission’.
The States were on the verge of agreeing changes in 2017 which would have seen an Assembly comprising eight Senators elected on an Islandwide basis, the 12 parish Constables and 28 Deputies voted for within six super-constituencies elected. However, the required changes to the law were never brought into force and once again the make-up of the Chamber remained largely unchanged.
Previous attempts to reform the Assembly have often been blocked or rendered unachievable by amendments, often because some Members say that any changes should be put to a referendum. And Deputy Labey admits that it is likely that a similar amendment could be brought again.
He said: ‘I think these proposals would win a referendum because the public of this Island are growing increasingly disconnected with the political system that is riddled with inequality.
‘If we had a referendum, we would have to run it properly and make sure everyone was fully informed of all the aspects to the question in hand.
‘My problem with a referendum is that it is used as a tool by some States Members to stop something happening. We have a situation where, as we had with the referendum on electoral reform last time, not enough Members were willing to approve the option that won. That has damaged us and damaged confidence in the Assembly.’
POTENTIAL NEW DISTRICTS
St Helier South comprising Vingtaines de Bas et de Haut de la Ville
St Helier Central comprising Vingtaine de Rouge Bouillon and Vingtaine de Bas du Mont au Prêtre
St Helier North comprising Vingtaine du Mont Cochon, Vingtaine du Mont à l’Abbé and Vingtaine du Haut du Mont au Prêtre
St Saviour
St Clement
St Brelade
West district comprising St Mary, St Ouen and St Peter
Central district comprising Trinity, St John and St Lawrence
East district comprising Grouville and St Martin
Each district to elect five Deputies, with the exception of St Saviour which would have six
