No change to States’ constitution

Thursday 10th September 2009, 2:57PM BST.

The House voted against any constitutional reform

The House voted against reform

REFORM plans to abolish Senators and end the parish link to Deputies have been rejected after a day and a half of debate.

The States have rejected a series of reforms that would have reduced the number of States Members and created a general election.

The final proposal which would have removed Senators and created a States with 12 Constables and 37 Deputies in six large ‘super- constituencies’ was rejected by 38 votes to ten yesterday.

On their way to that vote, Members had already rejected plans to reduce the number of States Members to 47, plans to remove the Constables and alternatives that would have kept the Deputy link to parishes.


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  1. 1
    Keith

    Who would have thought it – states members vote to keep themselves in a job.

    And it took a day and a half?

    Apparently turkeys will be voting on whether Christmas is to go ahead this year – can’t imagine what the result will be.

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  2. 2
    Nellie Macon

    Shame Tracy and Mike weren’t there for the vote – then it would have been 14 for the proposition – however this is a vast improvement from the last time constitutional reform was proposed when only a couple voted for change.

    Remember the names of those who voted against the reforms and vote them out next time – this is the only way we will effect the changes you want.

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  3. 3
    Outsider

    Surprise, surprise! Too many have too cushy a number. Let’s have a referendum and let the electorate sort this out once and for all. This debate has cost us thousands, possible millions, in wasted states time, consultancy and wages.

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  4. 4
    Disheartened

    Nellie – is there or could there be a website which makes public what has been voted on in the states together with a list of who voted for and against each proposal? Think this information would be very useful for the voting public to refresh their memories before they decide who to vote for in future elections!

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  5. 5
    Adrian

    Just get rid of the constables then we might have more people voting. When you get 10-12 dead certs out of 12 elected for the establishment, it gets a bit monotonous.

    What would happen in the UK, do you think, if nearly a quarter of the House of Commons was cast in stone politically and on top of this you had 10% unelected as well?

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  6. 6
    Turkey talk

    Keith “Apparently turkeys will be voting on whether Christmas is to go ahead this year – can’t imagine what the result will be.”

    Think you’d find they would vote very differently!

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  7. 7
    Turkey talk

    Nellie, normally I kind of agree with you, but this time you seem a bit blinkered. The reforms were not really much of a reform. Some would say they went one step forward and two steps backwards. They would have still left the island being run by a similar crowd (I believe), and kept the constables in the states which really doesn’t make much sense. Their contribution is much more valuable at a parish level, which is why they are elected, and why they don’t contribute much to the states. They should be freed up to do the work they should be doing. Right?

    Get this right the first time, otherwise everybody would have to wait an age before things are changed again.

    Constables stick to internal parish affairs, deputies represent the interests of the parish on an island wide mandate, and senators represent the island. That would be a good start. Plus sort out proportional representation. This all seems fairly obvious stuff.

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  8. 8
    Pip Clement

    A shameful debate where once again the States voted against reform.
    Eventually the UK will be forced to reform the electoral mess in the island.

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  9. 9
    PJG

    Turkey talk.
    You are mistaken in your statement
    “Their contribution is much more valuable at a parish level, which is why they are elected, and why they don’t contribute much to the states.”
    The Constables are voted in by the electorate to do the job of Constable.This mandate from the parishoners of the whole of the parish, not just a a small area as in deputies, includes SITTING IN THE STATES ASSEMBLY.It was certainly part of the reason I voted the way I did in our last Constables election
    Adrian
    I live in St Helier and if we relied on our area Deputies to represent us mine would be failed Senator Geoff. This area, due to the circumstances of the people living there will always return a left wing representative.Although probably right of centre myself I have no problem with this as I see it as democracy at work, even though I could use your argument of “dead certs” to not bother voteing.
    The Constables are the best conduit for parishoners to be represented in the States. They represent areas large enough to have a diverse population and therefore a meaningfull vote.Their ancient and well tried nfrastructure throughout their parishes, their many meetings with parish departments, honorary officers and such like keeps them closely informed of what is hapening in the parish.
    Unlike deputies, who only have ocasional meetings with thier electorate (some only when electioneering), who have no powers or the staff to make imediate emergency changes when they are needed.
    I imagine Constables apear to have a block vote because probably they have similar ideas on how to serve their voters.
    Red Geoff and his cronies also apear to have a block vote, probably because they too have similar ideas on how to serve their voters.

    A good States asembly in my mind would be The 12 constables (not eligible to head departments such as Constables Jackson and Gallichan. They should be too busy running their parishes and representing their parishoners in the states, this must surely be a conflict of interests anyway)remove the Deputies, have 20 islanwide elected Senators and cheif minister, 33 in total.
    Large enough to be diverse.
    Small enough to be kept busy, and to paid enough to atract a better calibre of person.
    If you pay peanuts (£42,000 )you get monkeys.

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  10. 10
    Nick

    Seems to me some people will only be happy when we have in miniature a direct copy of Westminster.
    Why is it that we can’t accept that we have some things that are unique to a small Island and just get on with making our system work!
    It seems to me that those Constables who feel that they should not sit in the States are really objecting to the workload that operating at Island and Parish level places on them?
    Maybe that is something that they should consider before standing for office?
    My view is that a Parish connection in the States is important even if the proportional representation proponents find that annoying with sparsely populated parishes having the same representation as densely populated ones.Why that should be so important is debatable but perhaps it could be compensated for by adding a weighting element to the vote given to each Constable.
    Maybe Senators should be separated off as a sort of senior house as per the House of Lords only elected.They would have to be elected from people who have done a term as either a Constable or a Deputy.
    Then sittings of the States would either be the Deputies and Constables on a day to day basis, with the full house including the Senators only sitting on contentious or important issues and to vote when a matter passes into Law.
    The Senators would exercise a permanent Scrutiny role and would be responsible for the final check element prior to a matter proceeding to Statute or a scheme commences with Public expenditure.
    Turkey talk has a blueprint in his posting at 7 but I do think Constables should be in the States.
    Either way it is the voters that need to be less apathetic when it comes to turning out on election days.It is however possible to argue that the apathy in fact reflects a general satisfaction amongst the majority for the way things are done currently?

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  11. 11
    truthseeker

    Exasperated…the only word I can think of to describe a government that simply due to self interest has forgotten conveniently that democracy starts from the bottom up..not top down,,that without effective scrutiny we have and live under dictatorship.I find it hard to understand the apathy of the population,either you are working so hard you can’t look up to see what’s going on or so fat and complacent you don’t want to…a mix of both I guess.either way we have a C.O.M. who are calling the shots so the others are actually neutered by this power imbalance..and if your Deputy can not get info from the C.O.M. or the civil servants then how can he represent you…and if he can’t represent you, then what happens to the old “No taxation without representation” call…?we are getting into a deep police state ,despite the E.U. ban on importation of Tazer 50,000 Volt stun guns,Ian Le Marquand is still trying to get them in here,you might ask why,he’ll claim so we have to actually shoot less people ,stun guns are less fatal than bullets,do you see how there is always a dodgy motive hiding behind a plausible one,first of all frighten the people by saying”WE have X threat ,so you won’t mind us doing X “all the time this ploy comes up…so why do you want Tazers really.They are for use on the population who resist them,and less likely to draw the coverage of Tianamen square..I think they know the natives are restless and fed up of their Control freakism,civil liberties are being constantly eroded here we are being encouraged never to think for ourselves,and that nanny know’s best.Well the hell with that as I could fill this entire blog with examples where nanny can not tell her a** from her elbow and where some incompetencies are so grave they just had to be intentional and are criminally negligent to put it mildly…wake up people a totalitarian state is happening here while you doze or dream of better times,call your political representatives, tell them you are fed up with their wimpy platitudes and excuse making and ask what they are going to do about it now ,the big banks and buisnesss are calling shots the civil service is next in line and your politicians are becoming puppets drunk on the illusion of what they think is power..I expect real social unrest,there is resentment at the race mix,and there is growing street drunkeness and violence,soon there will be home invasion and theft…just look at any town/city where hope has gone…the Romans knew that you have to take the people with you..they thought they could suspend that fact of life and then the downfall…does this all sound conspiritorial raving…? yes it would be easy to pacify your fears with that little gadget…but the reality is out there,and you’ll see it if you are not stoned on anything or can bear to leave the comfort zone for a few minutes…they said Auschwitz could never happen..yet it was a mere 70 years ago ,less than a lifetime.so will you plod on with the blinkers on or realise that even one voice a determind one can be heard and that evil happens when good men do nothing…what will you do..?

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  12. 12
    Sanity

    Like many I was appalled that once again the States rejected all calls for reform. However, I was surprised to hear that on average the Constable elections get a far greater turnout than the deputies and that in percentage of voter the Constables top the table in votes to registered voters and therefore, despite many of the claims above actually have a very strong democratic mandate.

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  13. 13
    Nigel

    When the original proposal for reforming the states was brought forward the states took the view that they should vote for it peacemeal so they cherry picked the bits of the reform that they liked and cut the bits that they couldn’t agree on instead of one vote on complete reform. As a result we have the half baked system that is evident today!
    Personally the only people in the states that I regard as having any mandate from the people are the senators as they have at least had to accumulate a few votes unlike many of the deputies and conetables who can only be elected by a small proportion of residents and in many cases get in unopposed or on a small margin. How can this give them any credibility when representing the whole Island.
    As none of them now seem to listen to the electorate anyway this is all irrelevant!

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  14. 14
    Sanity

    Pip Clement [8] – Judging by the UK press they will need to sort out their own electorial problems first. They are moaning about their system as much as some are moaning about ours.

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  15. 15
    Nellie Macon

    4. Disenheartened –

    http://www.statesassembly.gov.je/frame.asp

    7. Turkey Talk

    Don’t misunderstand here – I am as disappointed as everyone else at not getting the Constables out of the States but we have to start somewhere.

    PJG – It is the Deputies in fact who do the bulk of the constituancy work in their Parishes and therefore really represent their districts. Unfortunately much of this is behind the scenes and does not get reported in the press.

    If more people who don’t normally vote bothered to vote in all the elections we would get much of the change most of us want – maybe these difficult times will wake a few of these up in time for the next elections?

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  16. 16
    PJG

    Nellie Macon
    There are a “few” deputies that work hard (most of those apear misguided though).
    But as far as the rest are concerned I am afraid you cannot compare what the Constables can and do do, to what the Deputies can and do do. A classic example of this was the introduction of residents parking in the St mark’s road area. Big O wanted to charge residents £900 (head of TTS at tha time)for a permit to park on the street with no guarantee of a space. District Deputy Southern blustered a bit saying he would ask questions and got nowhere. Simon Crowcroft ( Constable of St H) decided to do somthing,make the residents parking “Parish controlled” at £200 per permit, adding on from this he introduced Parish wardens who regulate parking throughout St Helier till late every night. Not like the TTS PCOs who go home at 5pm, Look at the diference at Cheepside now the Parish wardens are on the case.
    If these deputies really wanted to get things done for their constituents why do they not stand as Constable, Constables “can” change things, or do they fear the hard work and the same rejection they had as Senators.

    Sanity.
    I too am surprised at those statistics, given the reasons many are using to justify the ousting of the Constables.

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  17. 17
    james e

    And they call this democratic, How can there be a fair vote on this matter if the voting is in house. leave it to the voting public to decide what kind of changes should happen. States members come and go! and most are never remembered, but the general public will always be there, having to live by the laws and decisions made, normally by a bias group who have a personal and buisness interest in certain areas. Also to have this kind of voting leads to a tit for tat situation, you didnt vote for me so i wont vote for you situation. its silly, we vote people in and then we have no say in what they do when there in. Look at the UK at the moment, for this reason Labour are in for a massive loss. there in to win whatever they can with no consideration to the general public, they also hold all voting in house and never listen to the majority. The majority is also the main basis of democracy in its basic form. Reform is needed and wont go away,

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  18. 18
    paulo

    Nellie no 15,
    the parish deputies are there for the benefit of their own ego’s
    I agree totally with PJG comment no 9, get rid of them completely.
    Keep the Constables in the States to liase on parish matters and have ALL other states members elected on an island wide basis irrespective of parish and elected on one day, and may the best people win.
    It is a much fairer system, possibly even democratic.

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  19. 19
    Sanity

    Perhaps if all the deputies lived in their constituencies some of the above arguments might have some merit. They don’t. It may be held in mitigation deputies receive in percentage of electorate more votes than the Constables but again it seems they don’t. In fact most deputies don’t even bother to attend their parish assemblies so how can they ever understand the parish problems.
    I believe it is true that the Constables are, on the whole, are more moderate in their political views and policies than many of the deputies but this is because they are the most accountable to the electorate. I doubt if we will ever see the sort of anarchistic extremism spurted by some of our deputies emanating from the Constable benches as they are all too aware that the voters would not put up with it. – It is a very important balance called democracy and I am sure that if more people took the trouble to vote in the deputies elections we would have a better government .

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  20. 20
    Nellie Macon

    19 Sanity & 16 PJG – look at the Constbles’ voting records (apart from Simon Crowcroft who usually listens to his parishioners and is an excellent Constable) the rest follow the COM blindly and rarely oppose ministerial proposals – how can you say they are more moderate? Most of them are 100% hardline establishment and totally opposed to any reform whatsoever.

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  21. 21
    Buster Gut

    The police should not be political and should be free of political influence.

    The constables are the parishes’ top cops AND have a vote in parliament (usually en bloc).

    This means that they are both make the law and enforce it. A clear conflict of interests. Take a look at other governments in the world where the police are politicised!

    Would it be acceptable for the States of Jersey’s top 12 ranking policemen to have the power to influence and vote on which laws THEY want to bring in?

    Constables out of the States. Deputies can represent the parishes adequately.

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  22. 22
    Nick

    I think Paulo (18)may have something that appeals to those who wish to maintain the Parish connection in the States Assembly, maybe the 12 Constables should have Deputies (Whose role is a learning curve in most cases anyway)The more populated Parishes would have 2 Deputies,the less populated 1 (that would deal with the proportional representation element),and then 12 Senators (Or not less than 8) on an Island wide mandate as Paulo suggests.The Senators to handle the Scrutiny role and monitor the Chief Minister and his Cabinet.
    Constables and their Deputy(s) elected on the same day, Senators all together in a one day election. The Chief Minister must be someone who has come through a term as either Senator or Constable,all Cabinet posts, including that of Chief Minister should be subject to approval by the Assembled House on a majority vote.

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  23. 23
    PJG

    Buster Gut
    By cri you are living in ” times past me”
    Today’s Honorary police do not bear much resemblance to the dinosaurs you are talking about.
    The head of the parish police is the Chef du Police, ( I know for a fact Simon Crowcroft goes to great lengths to distance himself from Parish policing matters) yes he answers to the Constable and on policing matters the Constable then answers to the AG, he’s not even elected, so you cant call him political.
    The honorary police have disciplinary procedures now, and complaints against them are investigated by the same coppers who investigate complaints against the SoJP.Surely that’s a good safety net to stop what you seem afraid of.
    Yes all ranks of Honorary Police are elected so they can be considered political, the same as town Sheriffs in USA, It seems to work well there as well.

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  24. 24
    PJG

    Oh and Buster Gut, who suspended Graham Power ?

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  25. 25
    mick

    All elected members of the states should hold an island wide mandate. Why should a Constable who got in on a standing vote have a say in what goes on island wide? The Baliff’s position in the states should be scrapped cos he is not elected by the people

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  26. 26
    Clown Advocate

    The most dreadful thing of all is the post-clothier ministerial government.

    Put simply, the ministerial system places too much departmental power in one person. The checks and balances which were present in the committee system have gone.

    In a small place, the idea of one person exercsing a sole discretion is something which must be open to undue influence, even on a subconsious basis. There is also a possibilty of corruption. It is open to abuse and, particularly in the present time, does not create a good appearance at all. Even the appearance of possible bias is unacceptable. The present system readily creates that appearance.

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  27. 27
    Sanity

    Nellie – I have taken an interest in how various members vote. The only pattern I can see is that most Constables appear to vote for what is best for the long-term prosperity and stability of our Island as opposed to a certain number of deputies who see themselves as an opposition to what you call the “establishment” for which the only apparent definition for this term is those who put the Island ahead of their own petty political or personal gain.

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  28. 28
    Buster Gut

    PJG

    The head of the Parish police is not the Chef it is the Constable. The Constable has the power to charge offenders even if he rarely, if ever, does these days.

    The Chef deals with the operational side of honorary policing but still answers to the Constable who has charge of policing policies and other related matters. Likewise I am sure Mr Warcup does not walk the beat any more either but he still has charge of the force policies and strategies.

    The Constable, as the head Parish prosecuting authority, still signs off the report committing a case to the Royal Court in criminal matters – yes, even Mr Crowcroft does.

    So what of disciplinary procedures and Mr Power. What has that got to do with my point and what is it that you ‘think’ I am afraid of?

    The bottom line is that, whether you like it or not, the Connetable is a policeman, a prosecutor and a lawmaker. Not a healthy combination.

    In the USA the Sheriff does not have a vote in government so that is a crass analogy.

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  29. 29
    Nick

    ‘What would happen in the UK, do you think, if nearly a quarter of the House of Commons was cast in stone politically and on top of this you had 10% unelected as well?’

    You forget that there is a large unelected house of lords in London who get a seat just because they inherited it from previous generations and they have a huge say in politics.

    Nowhere is perfect.

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  30. 30
    truthseeker

    Sanity….please please stop..just stop…you are so obvious now even you must be embarrased……….

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  31. 31
    Sanity

    Truthseeker – It may surprise you to know that I am totally disillusioned with our present government although my view is that most are incompetent rather than corrupt as made out by some. Having said that I am even more concerned about the conduct and apparent extremism of a number of “opposition” deputies and fear that if the present evolution of our government continues unchecked the resulting instability will destroy our economy and with it any future for Jersey other than as some backwater EU state. As such there will be no job prospects for our youth and indeed very little employment opportunities for anybody outside basic agriculture and tourism which, let’s be realistic, will out the infrastructure paid for by finance will be hard pushed to even pay a subsistence wage. Jersey will then become a haven for the rich with those few “working class” residents left having to bow and pamper to their demands.
    To use the analogy of a boat – if we rock things to far we will all capsize and sink and like the Titanic it will be the rich left sitting in the lifeboats and voters would be well advised to remember this at the next election.
    With the present level of salary we are unlikely to attract any candidates of working age with sufficient ability and experience to run the Island properly and the present hostility – almost hatred – offered by some proving a barrier to those retired businessmen/women or persons of some stature from coming forward.
    The current attack by a small but vocal minority on the Constables does not reflect public opinion and is not the answer to our problem which put simply is that in paying peanuts we have populated our government with monkeys. In truth most of our government policy is dictated by the very highly paid and qualified Civil Servants who, having spent their entire working lives in that particular post, run rings around any minister who may only hold that position for a number of years and thus is forced to rely on the good will and advice of those they are supposed to be in control.
    I don’t know what the solution is and like most I am not prepared to give up my career to help find out.

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  32. 32
    truthseeker

    31. Your fears hold you captive, the constables are merely a backstop for the establishment, despite Juliet Gallichans pitiful plea on last Sundays radio,”I want to scotch the rumour that the constables don’t vote en bloc” she cried, almost convincingly to some I guess,she had not reckoned with the fact that the amount of times they had simply fallen in line has been recorded and is there for anyone to see that they do.she started out a “wrecker” but not really just enough to look good.fell in with the establishment in no time had the political teeth extraction..and plumped for the next soft option..the constables poodle….you can fool some of the people some of the time ,but you can’t fool all of the people all of the time….

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  33. 33
    truthseeker

    26 Clown Advocate…..spot on……you up for chief minister…?

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  34. 34
    Nellie Macon

    26 Clown Advocate – I have to agree with your comment – ministerial government is not right for Jersey

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