States Members' Handbook

THE DEVELOPMENT OF PARLIAMENTARY GOVERNMENT IN JERSEY

The Assembly of the States of Jersey is one of the oldest legislatures of the English speaking world. It came into existence in the sixteenth century but its origins are to be found in earlier times and need to be explained in the context of Jersey's constitutional history.

In 983 Jersey, with the other Channel Islands, was annexed by William Longsword, Duke of Normandy. In 1066 William, Duke of Normandy, defeated Harold at the Battle of Hastings and was crowned King of England. Some Jerseymen were doubtless in the expeditionary force. Wace, who wrote the ballad "Roman de Rou", describing the Norman army and the battle in graphic detail, included the couplet now engraved in the wall facing the Royal Square -

"Jo di è dirai ke je sui
Wace, de l' isle de Gersui."

From 1066 to 1204 England, Normandy and the Channel Islands were thus united under one rule - that of the King of England, who was also Duke of Normandy. But England and Normandy were administered separately from London and Caen respectively with different languages, law and money. The Channel Islands continued to be regarded as part of Normandy, and were subject to Norman Customary Law and local customary rules.

In 1204 King John lost Normandy to King Philippe-Auguste of France. It was clearly necessary for the King to substitute an administration for the Norman government from which the Islands had been cut off. It might have been possible for the Islands to have been absorbed into the realm of England. But, no doubt wishing to retain the loyalty of the Islanders, the King decreed that they should continue to be governed by the laws to which they were accustomed; thus a separate legal system came into existence which continues to this day. The King also created a separate administration under a high official appointed by him known as the Warden, who was later to become the Governor. Obviously it was not possible for one man, the Warden, to undertake all the duties of government, military, civil and judicial. It is clear that he had subordinates and it is possible that as early as 1235 there was a Bailiff for Jersey and another for Guernsey. However the first Bailiff of whom documentary evidence exists was Sir Philippe Levesque, appointed in 1277. By the middle of the 14th century the Bailiff was appointed directly by the King. The Receiver General's accounts of that time also refer to salaries paid to the King's Attorney and the King's Advocate, officials now known as the Attorney General and Solicitor General respectively.

Shortly after the loss of continental Normandy in 1204 King John issued a crucial document which has become known as "The Constitutions of King John''. This document provided that the Islanders should elect their 12 best men who should be sworn to administer justice "duodecim optimatos juratos"). The Jurats, as they became known, and the Bailiff formed the Royal Court which had power to determine all civil and criminal causes except prosecutions for treason.

For many centuries following this establishment of its separate administration, Jersey remained a distant outpost of the Crown within sight of a hostile coast. Several attempts were made by the French to subjugate the Islanders. The Islanders, no doubt appreciative of their special status, and perhaps continuing to regard the King of England as their Duke, remained loyal to the Crown. For their part successive monarchs conferred many privileges and franchises by Royal Charter. One of the earliest related to the freedom to export goods free of duty. A Charter of Edward III in 1341 confirmed -

"all privileges, liberties, immunities, exemptions and customs in persons goods moneys and other things ... without hindrance or molestation ...".

Thus the twin pillars on which the right to self-determination was built may be said to be loyalty of our predecessors to the Crown and the privileges and liberties conferred by the Crown in recognition of that loyalty.

The Royal Court was originally not only a law enforcing body but also a law making body. A change in the law was achieved by an Order made by the Privy Council following a petition from the Royal Court. In time the Royal Court developed the practice of consulting representatives of the 12 parishes, namely the Connétables and the Rectors, before petitioning the Privy Council.

From this process of consultation emerged in due course a legislative assembly made up of the Jurats, Connétables and Rectors (the three estates) over which the Bailiff presided. The assembly became known as "Les Etats de Jersey", paralleling the parliamentary assembly of Normandy, then known as "Les Etats de Normandie". The minutes of meetings of the States begin in 1524, but they were then intermingled with the records of the Royal Court. In 1603, probably under the influence of the Governor, Sir Walter Raleigh, (in whose honour a tablet may be seen to the side of the public gallery) the Minutes of the States began to be recorded separately. Notwithstanding the emergence of the States as a legislative body, the Royal Court continued to exercise legislative functions until 1771. In that year an Order in Council enacting a Code of Laws decreed in effect that henceforth only the States' Assembly should have legislative power. The Assembly remained composed of the Jurats, Connétables and Rectors.

In 1856 a Law was passed which provided for the election of 14 Deputies, three from St. Helier and one from each of the other parishes.

Following the Liberation in 1945, and the report of a distinguished Privy Council Committee, under the chairmanship of the then Home Secretary, the States enacted legislation in 1948 which brought about significant constitutional change. The Rectors and the Jurats ceased to be members of the States, and were replaced by 12 Senators and an increased number of Deputies. The process of separation of judicial from legislative power which had begun in 1771 was completed with the notable exception of the position of the Bailiff.

The Jurats remained members of the Royal Court but no longer exercised legislative functions.

The constitution of the States and its procedures, the powers of its Committees, are set out in the States of Jersey Law 1966, and in the Standing Orders made thereunder.

The two official languages of the States are English and French, and members may address the House in either language. In practice the business of the States is now conducted in English. The bilingual nature of the States is however recognised by its membership of both the CPA (Commonwealth Parliamentary Association) and the AIPLF (Association Internationale de Parlementaires de langue française).

COMPOSITION OF THE STATES ASSEMBLY

The present constitution of the States, as determined by Article 1 of the States of Jersey Law 1966, is the Bailiff, the Lieutenant-Governor, 12 Senators, 12 Connétables, 29 Deputies, the Dean of Jersey, the Attorney General and the Solicitor General. The officers of the States are the Greffier of the States, who is clerk of the States, the Deputy Greffier of the States, who is the clerk-assistant of the States, and the Viscount, who is the executive officer of the States (Article 2 of the Law).

The office of Senator was first created in 1948 following the report of the Committee of the Privy Council in the Proposed Reforms in the Channel Islands. In effect, the Senators replaced the Jurats, being elected by the registered voters of the Island as a whole. Originally, they were elected for the terms of nine years but this was reduced to six years in 1966. Six Senators are elected every three years in the month of October.

The Connétable (or 'Constable') is the elected head of a parish, one of 12 administrative divisions of the Island, and is the administrative head of the parish, as well as a full member of the States. Connétables are elected for a term of three years by the voters of the parish concerned. Elections are held whenever the office becomes vacant and thus elections occur irregularly. The Connétables have been members of the States from the earliest record of States meetings being one of the three "Etats" (estates) constituting the States Assembly.

The office of Deputy of the States has been in existence for just over a hundred years. A Law was passed in 1856 providing for the elections of 14 deputies, three from St. Helier and one from each of the other parishes. Gradually the number of Deputies was increased over the years to 17 before the Second World War to 28 in 1948 and to 29 by the addition of a fifth Deputy for St. Brelade in 1973(?). Deputies are elected by district and these are defined in the States of Jersey Law 1966, as amended. The districts correspond to parish boundaries and, in the larger parishes, to Vingtaines - administrative districts within the parish. Subject to those constraints, the design of districts and the number of Deputies elected for each district is intended to achieve as even as possible a representation of voters by each Deputy.

All elected members of the States take office immediately after being sworn in before the Royal Court and remain in office until their term is completed.

The office of Greffier of the States was created in 1931. Before that time there was a single Greffier who served as Clerk both of the Court and the States. The Greffier of the States is appointed by the Bailiff with the consent of the States. There are no formal qualifications for the office.

The Greffier of the States acts as Clerk of the States. The duties and responsibilities of his office as Clerk are defined by the States of Jersey Law 1966, as amended, and the duties of the Greffier as Clerk of the States are set out in the Standing Orders of the States of Jersey, especially Standing Order No. 2.

The Greffier is responsible for the preparation of the Order paper (Agenda) which is despatched to members on the Thursday afternoon prior to a States Meeting on the following Tuesday. He must ensure that all the items are in accordance with the Standing orders and that all the relevant papers are available to members.

The Greffier is ex-officio the Clerk to every Committee of the States and, for this purpose the Department has a team of Committee clerks headed by the Deputy Greffier. The fact that this responsible work is gathered together under one roof makes for the efficient handling and co-ordination of all matters destined for the States.

The Greffe is also the printing Department for the States - almost all States printing is carried out "in House". The Greffe has a bookshop on the Ground Floor of the States Buildings from where all official States publications may be obtained.

The Deputy Greffier of the States is the clerk-assistant to the States. The Deputy Greffier of the States is appointed by the Greffier of the States with the consent of the Bailiff and, in the event of the absence or incapacity of the Greffier of the States, discharges all the functions of that office. In addition the Greffier of the States may delegate to the Deputy Greffier of the States the discharge of any of the functions of that office (See Articles 2(5), 5 and 9 of the Department of the Judiciary and the Legislature (Jersey) Law 1965, as amended).

The origin of the office of Viscount (or 'Vicomte') is obscure but historically the Viscount was appointed by the Crown by Letters Patent. Since 1973 the Viscount has been appointed by the Bailiff.

At one time the Viscount was a member of the States with a right to speak but not to vote. The Viscount's right to address the States ceased in 1842. The Viscount ceased to be a member of the States in 1948 following the constitutional reforms but continues to attend meetings of the States as executive officer. This position was confirmed by the States of Jersey Law 1966.

The Viscount (or Deputy Viscount) carries the Royal Mace before the Bailiff at the start of each meeting, and is primarily responsible for carrying out orders of the President of the States in regard to unruly behaviour in the Chamber and its precincts, where he exercises the powers of a Centenier. He often issues formal notices on behalf of the States and in respect of other public matters. The Viscount has other responsibilities as an officer of the Royal Court and has statutory powers in relation to inquests, post-mortems and bankruptcy.

The Deputy Viscount is appointed by the Viscount with the approval of the Bailiff. The Viscount has the same official relationship towards the Viscount as the Deputy Greffier of the States has towards the Greffier.

States' Assembly as legislature and administration

The States Assembly consists of a single chamber. The main functions of the States are -

(a) to pass Laws (which require the sanction of Her Majesty in Council) and regulations on all domestic matters;

(b) to approve an annual budget of public expenditure (revenue and capital);

(c) to determine policy on propositions presented by Committees or individual members, including the approval of building and civil engineering works;

(d) to debate issues of public importance;

(e) to represent the people of Jersey.

Thus the States Assembly exhibits all the usual characteristics of a parliament - legislature and debating chamber - while at the same time taking executive decisions on a wide range of issues, many of which are of relatively minor importance.

With occasional exceptions, States members are elected as independent individuals and not representing a political party or interest group. Thus, as a general rule, each member is responsible to himself and his electors for his actions and how he votes on any issue. He also has a collective responsibility to the States as a whole to scrutinise the actions of other committees and members in policy and spending issues. Additionally a member is responsible to any committee of which he is a member when that Committee is presenting a proposition to the States, or occasionally if the interests that the Committee represents are threatened by the actions of another Committee or member.

ADMINISTRATION

Constitutionally, Jersey is a dependency of the Crown, owing allegiance to the Sovereign, but without incorporation into the United Kingdom. Effectively it is self-governing in internal matters, but the United Kingdom Government is responsible for defence, overseas representation and internal security.

The government of Jersey is conducted by the Assembly of the States, and by Committees of the States with delegated administrative and executive responsibilities

The Assembly of the States is a single-chamber legislature. The principal functions of the States are -

to pass Laws (which require the sanction of Her Majesty in Privy Council) and regulations on all domestic matters

to approve an annual budget of public expenditure

to determine policy on propositions presented by Committees or individual members

to debate issues of public importance

to represent the people of Jersey.

The day to day business of government in the Island is conducted not by Ministers but by Committees of the States with individual areas of responsibility supported by a civil service and other staff.

Committees are elected by the States and consist of seven members headed by a President. There are twelve major Committees and a States member may only be President of one, and a member of two, major Committees. The major Committees are -

Policy and Resources
Finance and Economics
Human Resources
Planning and Environment
Health and Social Services
Education
Public Services
Agriculture and Fisheries
Tourism
Home Affairs
Employment and Social Security
Housing

In addition there are three Trading Committees -

Harbours and Airport
Telecommunications
Postal

and some twelve other minor Committees.

As soon as possible after a general election, the Bailiff convenes the States, whose first and only task at that sitting is to elect the President of each Committee.

Any member of the States may be proposed and seconded as the President of any Committee and if more than one member is proposed, as is very often the case, the members who have been nominated may address the States for not more than five minutes setting out the manner in which they would propose to discharge their responsibilities as President of that Committee. In this event a secret ballot will follow. If more than two members are nominated a further ballot may be held as the successful member must secure an absolute majority.

In exercising their choice, members will usually have regard to the ability and experience of the candidate, particularly as demonstrated in the Assembly itself. If the previous President has survived the election, and wishes to continue, he will often be re-elected without opposition. But it may be felt that it is time for a change, in which case another member will be proposed and a ballot result.

So, at the end of the first sitting, each Committee has a President, a head, but as yet no body.

A member can only be President of one 'major' Committee, but can also be President of one or more 'trading' or 'other' Committees.

Two or three days later, the States will meet again, this time to appoint the Committees, with as many members as is thought fit in each case, but usually with seven. In the meantime, the Presidents will have met informally, when they will indicate which of the members they would like to choose for their Committee and attempt to give every member an opportunity to serve on at least one Committee. At this second sitting, each President will propose his team but, again, any member may, with his consent, be proposed by any other member and a ballot will result if more than six members are proposed.

So, at the end of the second sitting, the Presidents and their Committees are in office and able to get down to work.

The sphere of operation of a Committee is in some cases defined by statute - in other cases it is established by custom, inherited from the past or undertaken recently; in all cases it is a delegation of the powers of the States.

In its sphere of operation, however, the Committee is entirely responsible and is left to get on with the job without being told what to do by any central body, other Committee or person.

Every Committee needs to refer to the States for the provision of funds and for this purpose it will submit its estimates annually to the Finance and Economics Committee, which will include each item (modified perhaps, after discussion) in the annual Budget. Further funds may be required during the year in which case a request is made to the Finance and Economics Committee under Codes of Directions issued by the Treasury. No financial commitment may be entered into by any Committee unless the necessary monies have previously been granted to the Committee by the States for the purpose.

A Committee will also need to refer to the States all propositions for the passing of new legislation. Otherwise, it deals with its job on its own.

Any member of the States, however, or any other Committee, may by question or proposition, call a Committee to justify or to change any aspect of its policy or practice, and the matter may be debated by the States and decided for or against the Committee.

After a contrary vote, a Committee will normally continue, accepting the view of the Assembly on the matter debated. Occasionally, however, a Committee will regard the decision as one so opposed to its fundamental policy that it cannot be accepted, in which case the Committee will resign. Also a motion of ''no confidence" in any Committee may at any time be proposed by any member, and at least three other members and, if carried, the Committee must resign. The resignation, in any case, is from the Committee and not from the Assembly.

After the resignation of a Committee, a new Committee is elected by the States, usually on the proposition and largely composed of the leading opponents of the previous Committee.

Most of the major Committees meet once a fortnight.

The agenda and supporting paper are prepared either by the Committee's clerk, or department, in consultation with the President and Chief Officer of the Committee.

After discussion of any issue, the President will often summarise what he deems to be the consensus of opinion and, if this is agreed, it is recorded in the Minutes.

If it is necessary to come to a decision before there is general agreement, the President may call for a proposition, on which a vote is taken. If any member so wishes, his minority view will also be recorded as a dissent.

A member of Committee may, moreover, be opposed to the majority view on an issue which he regards as so fundamental that he does not wish to remain with the Committee, in which case he resigns and the President proposes a replacement.

If a member wishes to resign from a Committee he should inform not only the President but also the Greffier of the States, in order that the resignation may be included on the Order Paper for the next meeting of the States. The resignation will take effect when the resignation has been notified to the States.

The President may himself be in the minority, he will often accept the majority view but, again, if he regards the issue as too important, he will, after due notice to the Committee, himself resign, stating his reasons to the States. In this event, the whole Committee is deemed to have resigned and the States must elect a new President who will subsequently name his Committee.

It is again to be noted that the resignation of a Committee in mid-term, in consequence of a no-confidence vote, or a division within the Committee or otherwise, does not entail a new election of members to the States. It affects only the membership of the particular Committee.

A President may be compared with a Minister in a Cabinet type Government with two significant differences.

One, he has no Cabinet to look to, or to have to look to, for overall policy direction. He has no master save the States Assembly.

However, the President must carry his Committee with him and any major item must be put to the vote with the President having no more than his own and, if the votes are even, a casting vote.

Within the Committee room, a President is therefore a chairman of seven equals.

Outside, the President represents the Committee for example, in communication with the media on Committee policy and decisions.

The minimum to be expected of a Committee member is that he reads and digests the papers accompanying the agenda, attends the meeting and expresses views and votes to his best ability and in the best interests of the Island. He must always remember that he is a representative of the people and not a delegate.

He will also assist by forming part of, or leading, sub-committees, and speaking in the Assembly.

Beyond this, of course, each Committee member should feel responsible for the whole field of the Committee's operations and produce on occasion ideas which are not merely a reaction to items on the agenda.

LEGISLATION

As mentioned earlier, many of the decisions of the States, and of its Committees, are not legislative, but administrative. Examples are decisions to adopt the Budget, to build a new school or hospital, to purchase land for housing, to develop the waterfront, to pay or increase a Christmas bonus or to create a Territorial Unit.

The source of Jersey's legislative authority

All legislative authority stems from the Crown.

Legislation passed by the States therefore requires the approval of Her Majesty in Council, unless it is in the form of a Regulation or Order authorised by an Order in Council, or by States legislation previously so approved.

Forms of Jersey legislation

(i) A Law, by the States, sanctioned by Her Majesty in Council, and registered in the Royal Court.

(ii) A Triennial Regulation, adopted by the States without the sanction of Her Majesty in Council, and limited to three years in duration, which may however be extended.

(iii) A Regulation, adopted by the States under the authority of a Law.

(iv) An Order, issued by a Committee of the States in exercise of powers conferred by an Order in Council extending an Act of Parliament, or a Law or Regulation, for its implementation.

These, known as 'Laws', form the most important body of Jersey's legislation. The Code of 1771 sets out the legislation in force at that time, and subsequent legislation is added, volume by volume, to the printed records of Laws in force. From time to time, these volumes are revised, omitting Laws which have been repealed, and showing amendments. These volumes are known as the ' Recueil des Lois'.

Anything relating to the internal affairs of Jersey may be dealt with in a Law, including propositions which are contrary to existing customary law, or previous Laws.

After the measure has been dealt with in three readings (see Standing Orders 32 to 36) it is transmitted, through His Excellency the Lieutenant Governor and the Home Office, to the Crown for confirmation. It has become the practice in recent years, particularly in complicated matters, or where the interests of the Crown may be involved, for the Law Officers to refer the Bill, or 'Projet' (as the measure is known before it becomes law) to the Home Office for pre-audit before it is submitted to the States.

Under the Code of 1771, as modified by Order in Council of 1884, the States are empowered to make Regulations which may remain in force for not longer than three years, but which may be renewed for a like period.

The basic purpose of this relaxation of the requirement that legislation is subject to Crown approval, was probably intended to enable legislation in relatively minor matters to be tried out for an experimental period. Such regulations must not infringe the Royal prerogative, nor be contrary to the permanent and fundamental law of the Island. They must also relate "exclusively to subjects of a purely municipal and administrative nature".

Regulations may be passed by the States without Crown sanction, and with unlimited duration, if Orders in Council, or Laws passed by the States and confirmed by Order in Council, have authorised such Regulations to be made. The Order in Council or Law giving such authority will limit and define the purpose and scope of such Regulations, the general purpose being to implement in detail the basic Order in Council or Law.

This type of legislation is very frequently adopted, some examples being Housing Regulations under the Housing (Jersey) Law 1949, Census Regulations under the Census (Jersey) Law 1951, Gambling Regulations under the Gambling (Jersey) Law 1964, and Regulations made under the Regulation of Undertakings and Development (Jersey) Law 1973.

Orders having the effect of legislation may be made by a Committee of the States, if the Committee is so authorised by an Order in Council, or by a Law confirmed by Order in Council.

Such an Order is not generally submitted to the States for approval but, having been made by the Committee, is promulgated by publication in the press, and is laid on the table of the House. Notification of the Order is given in the order paper of the next sitting of the States. The Order may be annulled by the States at any time, on the proposition of any member - see Subordinate Legislation (Jersey) Law 1960, as amended.

Initiation of legislation

Legislation may in theory be proposed by any member of the States, but in practice is normally proposed by a Committee within the sphere of its responsibility. The Finance and Economics Committee, for example, will propose a law on taxation, or the Education Committee on education.

If an individual member considers that legislation is required, he would normally make the suggestion to the Committee concerned and, if after discussion he found no satisfaction, he could lodge a proposition setting out his proposals in general terms, and seeking the approval of the States to a direction to the Committee to prepare the necessary legislation. A proposition of this nature to the Assembly is normally referred to the appropriate Committee, which will submit a report before the matter is debated.

Members may also present proposals to the States as draft legislation (the equivalent of "a private member's bill" in other jurisdictions). It would be unusual for a member to embark on such a hazardous enterprise without taking legal advice, and any draft legislation presented to the States by an individual member must be referred to the Committee with responsibility for the area of administration affected by the draft legislation for a report.

On all such matters, the Greffier of the States or the Law Draftsman, in the case by draft legislation, is available to members for detailed advice and assistance.

Acts of Parliament may apply to Jersey in whole or in part. They may apply in express terms, or by necessary implication, or provision may be made for them to be extended to Jersey by Order in Council.

Orders in Council may be made under statutory powers or under the Crown Prerogative.

Instruments of this nature are made in exercise of powers conferred by or under Acts of Parliament, usually by a Minister.

There are important constitutional conventions limiting the exercise of these powers to legislate. These conventions are complex and beyond the remit of this note. Further advice may be obtained if necessary from the Attorney General or the Greffier.

PROCEDURE IN THE STATES

The States of Jersey Law 1966, as amended, is a Law to declare the constitution of the States, procedure in the States and Committees of the States, and define the powers, privileges and immunities of members, and to make provision in relation to certain ancillary matters. The Standing Orders set out the rules and procedures of the States.

General

There are two Sessions of the States each year. The first meeting in January will commence at 10.15 a.m. following a Service of Dedication at St. Helier's Parish Church at 9.30 a.m. to which all members are invited. All other meetings will begin at 9.30 a.m.

First Session

The States meet on alternate Tuesdays during the period from the third Tuesday in January to the last Tuesday in July, except during Holy Week and Easter Week and on any Tuesday immediately following a bank holiday.

Second Session

The States meet during the period from the second Tuesday in September to the second Tuesday in December.

If business requires, the States adjourn for lunch at 12.45 p.m. and, unless otherwise decided, reconvene at 2.30 p.m. If public business so requires, the Bailiff may convene an extra-ordinary meeting of the States and such a meeting shall also be called at the request of at least seven members of the States.

If the States continue meeting in the afternoon a light lunch is provided at no cost to members in one of the Committee Rooms. There is a Pink Sheet attached to the Order Paper which members are invited to complete and hand to an Usher before 10.00 a.m. if they require lunch.

The States of Jersey Order Paper which is the Agenda for the business of the day, is sent to each member on the Thursday before the meeting on the following Tuesday. Members are expected to bring to the meeting the Order Paper and all propositions and draft legislation ("projets") which are to be debated. Should a member not have a projet, he or she can ask the Greffier for further copies, which will be in the States' Chamber on the day of the meeting.

When a member wishes to speak, he or she should rise and catch the eye of the Bailiff. A member shall speak standing and shall address his observations to the Bailiff. The other members remain seated whilst that member is speaking. The member speaking may not read a speech, but may read extracts from books or papers in support of his argument and may refresh his memory by reference to notes. Proceedings are usually conducted in English, but some legislation, usually amendments of pre-1940 Laws, are drafted in French, but will be accompanied by an English translation. Members may speak in French if they so wish.

If members wish to signify their pleasure at any time during a meeting this is done so by the stamping of feet.

Each desk has a microphone and a member should turn it on when he or she speaks, and turn it off when finished.

All meetings of the States are broadcast on BBC Radio Jersey and are recorded by the States' Greffe.

Minutes of meetings of the States are produced by the Greffier and are circulated to each member.

If a member wishes to pass a note to another member or officer in the States' Chamber he or she can do so by catching the eye of the Usher who will collect the message and deliver it to the person concerned.

Refreshments are not allowed in the Chamber, with the exception of a glass of water if a member is to speak at length.

Members may leave the Chamber during a meeting of the States. In this event the member should not cross the floor of the Chamber, but exit from the nearest door. Also, a member should not leave or enter the Chamber crossing in front of a member who is speaking. Before leaving the Chamber, and on re-entering, the member should bow to the Bailiff.

Order Paper (Articles 16 - 27 of the Law and Standing Orders 4 - 38B)

Members should be in their seats by 9.30 a.m. The Usher will announce "Silence - The Bailiff" and all members stand. The Bailiff will enter the Chamber preceded by the Viscount carrying the Mace, and followed by the Greffier of the States. Members will be seated after the Bailiff sits.

The Bailiff will ask the Greffier to call the roll of members in order of seniority. Members reply 'présent'(e). After the first roll call the Bailiff announces 'Monsieur le Doyen' and the Dean of Jersey (Chaplain to the Assembly) reads the Prayer and all members then join in saying The Lord's Prayer. The Prayers are said in French.

Notre aide soit au nom de Dieu, qui a fait les Cieux et la Terre. Amen.

Notre Père qui es aux cieux, Ton Nom soit sanctifié, Ton Règne vienne, Ta volonté soit faite en la terre comme au Ciel. Donne-nous aujourd'hui notre pain quotidien, et pardonne-nous nos offenses comme nous pardonnons à ceux qui nous ont offensés. Et ne nous induis point en tentation mais délivre-nous du mal. Car à toi est le Règne, la Puissance et la Gloire, aux siècles des siècles. Amen.

• A. Communications by the Bailiff.
  These consist of matters of which the Bailiff considers that members should be informed. Sometimes he will acknowledge the presence in the Gallery of a distinguished visitor. (Members may stamp their feet to signify their pleasure.)

  B. Tabling of Subordinate Legislation.

  This is legislation enacted by Committees of the States under delegated powers. All Orders made since the States last met are "tabled" with brief explanatory notes. Members may seek to annul Orders of which they disapprove.

  C. Matters relating to Committee membership.

  At this point the States deal with any proposed changes of Committee membership.

  D. Presentation of Papers

  • (a) Papers for information
    Here matters are presented for the information of members but not for debate. Examples are reports of delegated action by Committees, annual departmental reports and other matters of general public interest.

    (b) Notification of Standing Order decisions

    These are routine items of financial business which Standing Orders allow the Finance and Economics Committee to approve, but which must be reported to the States

    (c) Notification of tenders

    Tenders for public building works must be approved by the States unless the lowest tender submitted is accepted, in which case the States need only be informed.

    (d) Papers to be lodged "Au Greffe" under Standing Order No. 17A (1) (a). Under this heading the States receive items, which are to be debated at a later date.

  E. Statements and Propositions relating to the arrangement of public business at this or any subsequent meeting.

  At this stage, the order of business for the next meeting of the States and last minute adjustments of the business of the present meeting are arranged.

  F. Presentation of petitions

  Petitions by members of the public for the redress of grievances may be presented to the States in a formal manner. Presentation is via an individual member of the States.

  G. Questions.

  A member of the States may ask questions of any other member (usually a Committee President) about a matter for which the latter has official responsibility. Questions will be in writing, approved by the Bailiff as being in accordance with Standing Orders. Answers are usually read in full by the person questioned. Supplementary questions may be asked without prior notice.

  H. Raising of matters of privilege.

  This gives members the opportunity to raise matters which appear to affect the privileges of the States.

  I. Personal statements.

  With the leave of the Bailiff, a member may make a personal explanation, but no controversial matter may be brought forward and no debate or discussion may take place.

  J. Committee statements.

  These are statements made on behalf of a Committee and the same rules apply as to personal statments.

  K. Public Business.

  This is when propositions (or "projets") presented by Committees or individual members are discussed and decisions reached.

Business propositions and legislation ("projets de loi", - Laws, or "projets des réglements", - Regulations).

A business proposition always asks the question "The States are asked to decide whether they are of opinion to .... (action to be carried out - eg. approve, authorize, charge, etc.) .... " so that a decision will be taken if the debate is completed.

Legislation has a formal procedure which consists of three readings - the first is the formal presentation of the matter to the States when it is said to be lodged "au Greffe"; the second is the formal debate of the principle of the Law and the individual Articles (or regulations), which includes debate on any amendments that are proposed; the third reading formally confirms the adoption of the Law including any amendments that were approved. Once approved in third reading, Laws are sent to Her Majesty's Privy Council for Royal Sanction. Regulations do not require Royal Sanction.

All propositions must be proposed and seconded. The usual rules of debate apply with the proposer being allowed a second speech immediately before the vote is taken. Votes are usually taken as a standing vote, when members will be called to stand to signify whether they support or oppose the proposition; If the Bailiff is unable to decide which side has a majority, or a member so requests, the States will proceed to an appel nominal, when each member will answer either 'pour' or 'contre' when his or her name is called. Members may abstain from voting, but this is unusual.

Conduct

Unlike some parliaments, members must remain silent when another member is speaking; When the Bailiff addresses the Assembly, all members must sit down and remain silent;

Senators are referred to by name - Senator X

Constables are referred to by their parish - Constable of St. Helier

Deputies are addressed by the name of their parish if that parish has only one Deputy - Deputy of St. Mary, or by name as Deputy Y if there are more than one Deputy representing that parish.

Authentication of legislation

After Regulations have been made by the States, they are formally promulgated by the Viscount and will come into force on the date given in the Regulations; When Laws have been sanctioned, they are returned to the Island and formally registered in the Royal Court; They may come into force immediately on registration but more usually an Appointed Day Act will be passed by the States bringing the Law into effect on a particular day.

Adapted from States of Jersey Members' Handbook.

R'tou à la page d'siez-mé | Back to home page