“We will support introducing an elected Speaker to preside over States sittings and to undertake outreach work to promote democracy in our Island by engaging with schools, businesses and civic groups to improve how they interact with the States Assembly.” – Reform Jersey 2018 election manifesto ‘Working for a Fairer Island’
Following the announcement made in the States Assembly on Tuesday by the chairman of the Privileges and Procedures Committee that they were unable to reach a decision to bring a proposition to establish an elected Speaker, Senator Sam Mézec has lodged a proposition to enable the States to decide to end the dual role of the Bailiff in time for the retirement of William Bailhache in October.
Senator Mézec had been pressuring the PPC to bring forward proposals since the election last year, whilst a working party had been established to investigate potential options. However, this work reached an impasse this week as no consensus in support of the working party’s proposals emerged.
Reform Jersey party chairman Senator Sam Mézec said - “Numerous reports have been published which have said that it is unhealthy that Jersey does not have an effective separation of powers between the courts and the States, and legal advice provided to the government has indicated that our current system puts us at risk of human rights challenges in the future.”
“The States Assembly has never before had the opportunity for a straightforward vote on establishing an elected Speaker and leaving the Bailiff to focus on his court duties, and now the time has come to make that decision in time for the retirement of the current Bailiff.”
“I hope that the Assembly will take this decision to take our democracy into the 21st century and meet democratic best practices as are well established around the world.”
The amendment is due to be debated in the week of 30th April.
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THE STATES are asked to decide whether they are of opinion •
(1) to agree that –
(a) the States Assembly should select its Speaker either from amongst the elected members of the Assembly, or by appointing a person who is not a Member of the Assembly but who would be eligible for election to the Assembly;
(1) to agree that –
(a) the States Assembly should select its Speaker either from amongst the elected members of the Assembly, or by appointing a person who is not a Member of the Assembly but who would be eligible for election to the Assembly;
(b) the States Assembly should select a Deputy Speaker from amongst the elected members of the Assembly;
(c) the selection and appointment of the Speaker and Deputy Speaker should be the first items of business for any new States Assembly and, should either office become vacant during the term of an Assembly, be the first item of business at the next scheduled meeting of the Assembly;
(d) the Speaker and Deputy Speaker should be elected to serve for the duration of an Assembly term, or for the remainder of the Assembly’s term if (for any reason) they are elected mid-term;
(e) the process for electing the Speaker and Deputy Speaker should follow a similar format as those for the election of the Chief Minister, Ministers and Scrutiny Panel Chairmen;
(f) provision should be made for the Speaker and Deputy Speaker to resign and/or be removed from office by the States Assembly;
(g) the Speaker should be required to act impartially, and be seen to act impartially, at all times. To that end, the Speaker may not lodge propositions, table questions, participate in debates or vote on propositions. Upon being elected, the Speaker would be required to resign from any membership of a political party;
(h) the Deputy Speaker should be required to act impartially when chairing meetings of the Assembly and undertaking official duties related to their role as Deputy Speaker. When not acting as Deputy Speaker, the Member elected to this post may continue to lodge propositions, table questions, participate in debates, vote on propositions and sit on scrutiny panels;
(i) the functions of the Speaker shall include –
(i)
fulfilling all the functions of the Presiding Officer as set out in the States
of Jersey Law 2005 and the Standing Orders of the States of Jersey;
(ii) representing the States Assembly both within Jersey and overseas;
(iii) promoting the development of the States Assembly and democracy in Jersey;
(ii) representing the States Assembly both within Jersey and overseas;
(iii) promoting the development of the States Assembly and democracy in Jersey;
(j)
the functions of the Deputy Speaker shall include –
(i)
fulfilling the functions of the Speaker in the absence of, or at the request
of, the Speaker or at any other time when the office of Speaker becomes vacant;
(ii) supporting the Speaker in representing the States Assembly within Jersey and overseas;
(iii) supporting the work of the Speaker in promoting the development of the States Assembly and democracy in Jersey;
(ii) supporting the Speaker in representing the States Assembly within Jersey and overseas;
(iii) supporting the work of the Speaker in promoting the development of the States Assembly and democracy in Jersey;
(k)
the additional resources required to support a Speaker and Deputy Speaker
should be provided for within the current structure of the States Greffe;
(l) the Bailiff should remain as the Civic Head of Jersey, continue to swear in Members of the States Assembly in the Royal Court, Preside in the Assembly during the process of electing a Speaker, and be invited to Preside in, or address the Assembly, on ceremonial and other appropriate occasions;
(2) the Privileges and Procedures Committee should bring forward all necessary actions, including legislative amendments, to implement these changes in time for the Assembly to select and appoint a Speaker and Deputy Speaker at the meeting of the States on 22nd October 2019.
