States Assembly


The States Assembly is the parliament of Jersey, formed of the island's 37 deputies and the Connétable of each of the twelve parishes.
The origins of the legislature of Jersey lie in the system of self-government according to Norman law guaranteed to the Channel Islands by John, King of England, following the division of Normandy in 1204. The States Assembly has exercised uncontested legislative powers since 1771, when the concurrent law-making power of the Royal Court of Jersey was abolished.
The Assembly passes and amends laws and regulations; approves the annual budget and taxation; appoints the chief minister, ministers and members of various committees and panels; debates matters proposed by the Council of Ministers, by individual States Members or by one of the committees or panels. Members are also able to ask questions to find out information and to hold ministers to account.
Executive powers are exercised by a chief minister and eleven ministers, elected from among the members of the Assembly, and are known collectively as the Council of Ministers. Ministers are accountable to the Assembly for the conduct of their departments.

History

Establishment

The legislature derives its name from the estates of the Crown, the Church and the people from whom the Assembly was originally summoned. Today, the three estates still exist; however, all three now represent the island population.
Jersey's political history begins as part of the Duchy of Normandy. However, when the King of France stripped King John of England of the title ‘Duke of Normandy’, the people of Jersey and the other Channel Islands rebelled against the French king, maintaining the sovereignty of the 'rightful' duke.
In 1259, Henry III signed the Treaty of Paris, resigning his claim to the Duchy of Normandy except the Channel Islands. The Channel Islands were not absorbed into the Kingdom of England but two offices were appointed; the Warden and the Bailiff. Other sources state that the Bailiff was in fact appointed initially by the Warden in 1235.
The existing Norman customs and laws were allowed to continue and there was no attempt to introduce English law. The formerly split administrative system was replaced with a centralised legal system, of which the head was the King of England rather than the Duke of Normandy. The law was conducted through 12 jurats, constables and a bailiff.
The role of the Jurats when the King's court was mobile would have been preparatory work for the visit of the Justices in Eyre. It is unknown for how long the position of the Jurats has existed, with some claiming the position dates to time immemorial. After the cessation of the visits of the Justices in Eyre, the Bailiff and Jurats took on a much wider role, from jury to justice.:28
Originally the Royal Court had legislative power but by the sixteenth century a legislative assembly within the Royal Court was convened.
The earliest extant Act of the States dates from 1524. The States are mentioned in a document of 1497 regarding the endowments of the grammar schools; by 1526 attendance by members at the assembly was evidently a requirement, as in that year the Rector of St Mary was fined for failure to attend.
In 1541, the Privy Council, which had recently given a seat to Calais, intended to give two seats in Parliament to Jersey. Seymour, the Lieutenant-Governor, wrote to the Jurats, instructing them to send two Burgesses for the isle. However, no further steps seemed to have been taken since the letter did not arrive in front of the States Assembly until the day the elected persons were required to arrive in London.:70
In the early seventeenth century separate minutes of the States of Jersey were first recorded.
When the monarchy was restored, King Charles II who had escaped to Jersey on his way to exile in France rewarded Jersey with the power to levy customs duties. This power, exercised by the Assembly of Governor, Bailiff and Jurats, was finally taken over by the States of Jersey in 1921, thereby enabling the States to control the budget independently of the Lieutenant Governor.
The Royal Court and the States both legislated until with the fixing in 1771 of the Code des Lois it was established that the States had a legislative monopoly.

Reform in the 19th century

The States voted on 6 November 1856 to adopt a law to add 14 deputies to the assembly to counterbalance the mismatch of population and voting power between St Helier and the country parishes. The first deputies were elected 12 January 1857.
The first election by secret ballot was held 1 December 1891.

Reform in the 20th century

Prior to constitutional reforms of 1948, Jurats and the Rectors had central roles in the Assembly. Jurats, elected for life by island-wide suffrage, presided over Assembly committees and sat in the Royal Court.
The reforms, introduced by the UK Government after the Occupation, significantly altered the composition of the States Assembly:
  • Jurats were removed for the States Assembly and their responsibilities were limited to judicial matters in the Royal Court.
  • Senators were introduced, with 12 elected on an island-wide basis. Initially, they served 9-year terms, later reduced to 6 years.
  • Rectors, with the exception of the Dean of Jersey ceased to the members of the Assembly. The Dean remained in the Assembly, but no longer had a right to vote.
  • The number of Deputies was increased.
The Assembly's working language changed from French to English during the 20th century. English was permitted in the Chamber from 1900. Legislation started to be written in English from 1945.

Reform in the 21st century

In 2000, a review panel led by Sir Cecil Clothier proposed a series of significant political and constitutional reforms. Key recommendations included the following:
  • All members of the Assembly would be elected on a single day, replacing the staggered election schedule for Senators, Deputies, Connétables.
  • The position of Senator would be abolished.
  • Connétables would no longer serve as ex officio members of the Assembly
  • The Assembly would consist of 42–44 members, all holding the title 'Member of the States of Jersey'
  • The 24 States committees would be replaced by a ministerial system, with ministers heading seven departments. A Chief Minister and Council of Ministers would be appointed by the Assembly.
  • Proceedings of the Assembly would be recorded and published as a Hansard report.
  • The Bailiff would no longer preside over the States Assembly, which would elect its own speaker.
  • An Ombudsman would replace the States of Jersey Complaints Panel.
The proposals to remove Connétables and the Bailiff from the Assembly faced political opposition and were not implemented. Nor has an Ombudsperson been created.
A ministerial system was introduced be States of Jersey Law 2005. The Law also removed the Bailiff's power of 'dissent' and casting vote, along with the Lieutenant Governor's veto power.
In response to criticisms of the system of ministerial government, the Assembly established an independent electoral commission in 2011 to review the structure of the Assembly. The Commission proposed reducing the number of members to 42, dividing the island into six electoral districts with seven Deputies, and that holding a referendum on whether the Connétables should remain in the Assembly. A referendum was held in 2014, in which a large majority voted to keep Connétables in the States.
The 2022 general election was the first under the new electoral system of 37 elected Deputies and 12 Connétables.

The States Building

The States Building sits on the southern side of the Royal Square in St Helier. As well as the chamber, it includes committee rooms and facilities for members. It is part of a complex comprising the Royal Court, Bailiff's Chambers and Judicial Greffe.
Until 1887, the States had no meeting place of their own. They used to meet in the Royal Court on the Royal Square. The present chamber was opened in 1887, after a proposition was lodged au Greffe eleven years earlier providing for the establishment of a States Room above the Royal Court extension. The development and construction of the chamber were symbolic of the Assembly's increasing prominence and independence, and of Jersey's growing autonomy.
Seating in the chamber is in Jacobean style, with the benches arranged in horseshoe form around the twin seats of the bailiff and lieutenant governor. The bailiff's seat is raised slightly higher than that of the lieutenant governor to demonstrate his precedence.
  • The initial members' seating arrangements were, from the point of view of the president: Jurats to sit on the left, Rectors to sit on the right and Deputies in the centre.
  • After 1948, the Senators sat where the Jurats did before them, and then Connétables to their left and Deputies to their left.
  • Since the last Senators were removed in 2022, Connétables sit in one bloc, and Deputies in another.
In 2020, due to the COVID-19 pandemic, the States met online using Microsoft Teams and in a socially distanced setting at Fort Regent.

Composition

The States Assembly consists of 49 elected members for 4-year terms
  • 37 deputies
  • 12 Connétables
There are also several non-elected members, with limited powers.

Deputies

The island is divided into nine constituencies, returning between 3 and 5 Deputies.

Connétables

Each of the 12 parishes elects as Connétable as its civic head. By reason of this office, they are ex officio members of the Assembly.
Elections are on a first-past-the-post for a four-year term. Where running unopposed, prospective and incumbent Connétables must run against a None of the Above option. Collectively, they form the Comité des Connétables.