By Richard Digard

WELL, well, well. Three years after kicking them out, the States of Jersey has just voted to bring back Senators. Not, I suspect, that many people care. Other than, perhaps, those who aspire to becoming first among equals and gain a grander title. As for the rest
of the Island – who votes anyway?

As it happens, we can answer that. Voting is pretty much the territory of rich, geriatric Crapauds. Few others can be bothered because, as surveys have shown, candidates are unknown, unrepresentative and ineffective. Whoever you do vote for, nothing much changes. Except, possibly, to get worse.

Against this backdrop and with the other issues Jersey faces, resuscitating Senators is definitely up there with playing musical instruments while St Helier smoulders.

As I understand it, the office was scrapped to reduce unequal representation, simplify the electoral system, reduce voter confusion and produce fairer representation across the Island. These are quite chunky reasons and happened after due process, a lot of debate and research.

In contrast, Deputy Elaine Millar’s proposition to bring them back, was (no offence intended) pretty flimsy – basically because it was something she told electors in 2022 that she’d do if elected. In turn, that commitment was based on folk in her three parishes (St John, St Lawrence and Trinity) taking significant issue with the earlier decision.

Now, I know some people feel strongly about these things. It’s the same in Guernsey where many still mourn the passing of Conseillers, then our equivalent of Senators, and that was 25 years ago.

The point, however, is that Jersey’s U-turn is effectively the Assembly saying it got it wrong the first time round, but without any evidence to support that
volte face.

This does not suggest good government or an effective use of States’ time. It’s also by no means certain that Senators will make it back into the Assembly for the 2026 election anyway. To have nine senators elected on an Islandwide basis, plus dropping the same number of deputies from the existing constituencies, means changing the law.

Of itself, no big deal, but the new legislation will be taken back to the States by the Privileges and Procedures Committee for debate and final approval. Note, “final approval”. As the States Assembly itself records, “Members will be entitled to bring amendments to the Law, also for debate by the Assembly.”

In other words, the new enabling legislation might not survive – the 25-20 vote plus one abstention means a challenge is inevitable. If it does survive unscathed, then it’s off to the Privy Council for sign-off. But even that’s not the end of the story.

The legislation has to return to the Assembly for something called an Appointed Day Act, which sets the date on which the law would come into effect – all further opportunities to ambush the return of Senators to the hallowed ranks of Jersey’s States Members.

What’s not clear to me from the media coverage is why the third attempt this political term succeeded where others have failed. I’ll avoid suggesting there’s a degree of self-interest here with an election next year and the office of Senator providing advancement for the ambitious deputy.

Nevertheless, the timing is interesting as I’m unaware of any widespread public clamour to resurrect Senators and the largely split vote on this rather reinforces that view.

And as you’ll recall, an opinion survey in 2022 on how little confidence Islanders have in the political system indicated that just three per cent cited the loss of Island-wide Senators as a reason why they didn’t vote.

In turn, this poses the question of why make a significant change to the composition of the States when no one really cares about it? The biggest electoral issue for voters – and, in
reality, growing numbers of non-voters – is that they think the political system stinks.

Well, that’s my expression but in the words of Islanders themselves in explaining their apathy, it’s because voting wouldn’t have made a difference (30%), they don’t trust the political system (28%), they’re not interested in the election (24%) and/or, they didn’t know enough about the candidates (22%).

You’ll all be aware of the issues Jersey has regarding civic engagement– its average election turnout at 44% is one of the lowest in the world – and as Sir Mark Boleat noted in his Policy Centre Jersey study into it, “The low turnout largely reflects an unwillingness to vote because of attitudes to the Jersey political system.”

In short, how your politicians do politics is actively switching off the very people they’re supposed to represent. The only ones who do vote with any enthusiasm are aged 65+, home owners and born here or the UK. And they, you might suppose, have the greatest incentive to maintain the status quo.

But then, given the overwhelming Jersey apathy, perhaps so do deputies. When your main voter base is the comfortably off Mr and Mrs Jersey, there’s not much incentive to go out on a limb. Just look at how much grief Deputy Sam Mézec and Reform Jersey get for trying to be just a bit radical.

Does any of this matter? After all, if people were seriously unhappy wouldn’t they shake off that apathy and flock to the polls? Perhaps, but Policy Centre Jersey identified some problems with registration and the actual voting process itself that could get in the way.

More importantly, however, what does it say for elected representatives if poor or partisan turnouts mean they lack a strong voter mandate?

At what stage does that morph into diminished democratic legitimacy or credibility? A bit like religion and moral authority: how can it exist when no one believes any more?

Guernsey is often hailed as a beacon of electoral excellence, with a turnout just a whisker shy of 80% in 2020, but watch this space. That record ballot produced what many – quite probably most – regard as the worst States in Guernsey’s history, which is going some.

It next goes to the polls in June when it is widely expected that thousands won’t bother to vote because they’re so brassed off with a system that has created exorbitant house prices, declining living standards, struggling public services and depleted fiscal reserves plus a declining economy.

Why did so many flock to the polling stations last time round? They were lured with the promise of a shiny new tomorrow and full democratic accountability as all Guernsey deputies would effectively become senators – all 38 elected on an Islandwide basis.

It’s proved a disaster and if there is a moral here, it’s a simple one. Tinker at your peril. Pursuing populist causes on a whim rarely turns out well.

Richard Digard is a former editor and director of the Guernsey Press and Star and has recently retired as chairman of Guernsey Post Ltd. He has been a Douzenier of the Vale Parish in Guernsey since 2016 and is a consultant and media commentator.