Showing posts with label reform. Show all posts
Showing posts with label reform. Show all posts

Saturday, January 12, 2013

Electoral Commission Final...can't sleep? try this.

Senator Bailhache followed by Colin Storm and then Senator Bailhache again
32 minutes in total


 The whole presentation is included on the one video
---
Surely the proof - politics is boring.

Video recorded at the St. Helier Town Hall on Friday 11 January 2013
This is the final report and presentation of the Electoral Commission and it is now up to the general public to decide what to do with it....

Saturday, September 8, 2012

The importance of Friday 28 SEPTEMBER - JERSEY REFORM DAY




1769 AND ALL THAT….
…something we should ALL be doing on Friday 28 September this year.

REVOLUTION was in the air in the1760s.
All the Western Empires were creaking following the latest European war and old values were being tested. Religion, politics, scientific knowledge and the social order were all being subjected to examination and reform.

Even in little Jersey, there were brave people prepared to put their lives at risk in order to challenge the established order. Then, all economic, social, political and religious life in Jersey was dominated by the all - powerful Royal Court. This was a wholly corrupted body dominated by the Bailiff, and a dozen each of Jurats, Parish Constables and Rectors.
The same few privileged families controlled almost everything and the Island was divided up into hundreds of feudal fiefs which had to pay rentes to the seigniorial overlords. Most of the Island’s 22,000 or so population lived in precarious poverty.

Then, as now, the Crown Appointed Officers, reigned supreme. The office of Bailiff had degenerated into a hereditary sinecure of the UK based De Carteret family, who hardly ever even visited Jersey. In their place, over three centuries, substitute Lieutenant Bailiffs were appointed.
During much of the 18th century, it was the Lempriere family and their cronies who dominated the Royal Court, the government and so much of Jersey economic and social life. It was against this group that the poorer people of Jersey rose up and rebelled on 28 September 1769 – but there is no memorial built to their memory. Their leader Thomas Gruchy lies in an unmarked Trinity grave.
Officially, these brave people did not exist. The record of their rebellion was even erased from the contemporary Royal court ledger.
 
Then as now, dissent against the “Crown Officers” was treated as some sort of treason or sedition. The oppressive government dismissed the dissenters as “some factions of jealous persons of a spirit of disrespect in some of the lower classes towards their superiors.”
The Lemprieres planned to hang as many as possible or to deport even more of the rebels, appealing to the King in London to send over troops with authority to suppress the troublemakers.

In fact, the London government did not give the Lemprieres the authority they sought and nobody was hanged or deported. Instead, the brave Island rebels drew up petitions expressing their many grievances and these were sent to London.

As was so often the case, the London government protected the inhabitants of Jersey against the worst oppressions of the local tyrants. It was the ancient responsibility of the London Parliament for the good government of Jersey – even though there were no elected representatives from Jersey in Parliament.

The immediate outcome was that some of the abusive powers were taken away from the Royal Court and more authority was confirmed for the States of Jersey.
It was the start of a more democratic government in Jersey although very short of what the dissenters actually wanted.
In addition, a “Code of Laws “ was agreed and published by authority of the Privy Council in 1771 which was an attempt at providing a clear statement of the laws that applied in Jersey.

The Code was totally inadequate (to this day, clear commentaries on the obscure laws of Jersey are still needed), but it was very significant in the 18th century.
It did make clear that neither the Jersey Court nor the evolving States could pass new laws or amend existing ones, without prior Privy Council approval.

Following this mini- revolution, Philip Lempriere H.M. Attorney “resigned” and left the Island. A new H.M. Lieutenant-Governor was appointed following representations in London against the local oppressors.

The suggestion that Jersey people have enjoyed a democratic paradise since 1204 is just nonsense.
The true history of Jersey has not been recorded or written.

Islanders and the outside-world audience have been fed an official Pro-Royalist ( PR) diet of misinformation for centuries.
The Inquiry (under Lord Carswell’s chairmanship) into the Roles of The Crown Officers brought out the queues of apologists for an official version of history and preservation of the status quo.
A legion of lawyers, Jurats, Honorary Parish officers, politicians past and present (and even H.M. Dean) presented a parrot-like recitation of wonderment in support of seven centuries of supposedly enlightened government, administrative excellence and judicial brilliance.
Historically supported fact or evidence was noticeably absent from their written or oral contributions to the Inquiry Panel of five persons (unimaginatively composed of three lawyers, a Jersey lawyer’s wife and a nurse).

Most of all, it was the Crown Officers themselves, the Bailiffs, Deputy Bailiffs, Attorneys and Solicitors General who felt the greatest need to sing their own praises,  protect their own interests and resist any notions of reform or change.
Thus, the same 18th century style of Crown Officers’ resistance against reform continues to this day.
Former Deputy Bob Hill’s successful call for an examination of the Role of the Crown Officers was just a continuation of the same call for reform that inspired the events of 28 September 1769. It is the voice of the people against oppressive or undemocratic institutions.

For the modern Royalists, it was all hands to the pump trying to maintain the Crown Officers’ ship afloat. Even the Crown Officers from Guernsey were encouraged to give support in an effort to keep the progressive standards of the twenty-first century, at bay.

There seemed to be a desperate but concerted attempt to hang on to perverse powers that their Channel Islands ancestors enjoyed over past centuries.

Jersey’s 1769 mini-revolution pre-dated the American 1775 break with Britain. Yet, when the American colonists’ French allies mounted an expedition against Jersey’s “nest of pirates” on 6 January 1781, Charles Lempriere, the outrageous Lieutenant-Bailiff, was finally forced to resign from office. His slightly less unpleasant son was appointed in his place and H.M. Lieutenant-Governor Corbett (Charles Lempriere’s father-in-law) was court-martialled and dismissed, for failing to adequately defend the colonial outpost.

As always, such disciplinary decisions were made in London because the Island never had an adequate administration, or the powers, to deal with such matters.

It was the Channel Islands’ role as bases for smugglers, privateers and pirates that attracted so much critical attention in the 18th century - as does the finance centre business today.

Inevitably, the Island based smuggling, privateering and “piracy” activities were defended as being beneficial to the British Imperial interest.
The business was a great training ground for navy recruits and many national and local heroes served on the vessels but they also incurred the wrath of others.
Invasions, such as that of 1781, were constantly threatened by foreign powers and so too were the calls on the British Government to curtail the abuses by imposing English Customs or other regulations.

Similar threats and pressures continue to this day from Britain the EU, the OECD, the IMF, the UN the USA and elsewhere.
Now, the Crown Officers continue to defend their own privileged and anachronistic positions within a system of government and administration which must surely be condemned before an international tribunal soon.
The Crown Officers also continue to defend the finance industry - the 21st century equivalent of the nefarious smuggling and privateering – and seek to give credence to the myth of 800 years of democratic government and benign administration under their own or ancestors’ authority.

During the 18th century there were just six Jersey advocates (appointed by authority of the Bailiff of course). Now, there are over 250 (mostly within huge international partnerships) – yet, just a couple dared to express any dissenting views before Lord Carswell’s Inquiry on the Roles of the Crown Officers. Jersey lawyers are the central and essential professional core of the whole Island based finance business and predictably, the Crown Officers are recruited exclusively from among them.

The single most important finding of the “Lord Carswell” inquiry – that the Bailiff should not sit in the States – has inevitably been ignored.

As in 1769, this is just another manifestation of the great divide in Jersey between the general population and the non-elected elite who still retain such a stranglehold as lawyers and Crown Officers over Island life.
We in Jersey should remember the brave heroes of 28 September 1769 with pride every year celebrate their achievements and continue to demand further reforms.

Currently (summer of 2012), following the proposition of (former) Deputy Wimberley an Electoral Commission has been set up to consider the structure of the Jersey States Assembly and whether reforms are needed.

Unfortunately, this Commission has been hijacked by the former Bailiff Sir Philip Bailhache in his new role as an elected Senator of the States and the Commission is now loaded with politicians rather than the independent people that Deputy Wimberley had originally intended.

Every effort is being made by the old guard to ensure that virtually no reform takes place.
The media is manipulated as always to present a defence of the status quo and the Commission has already indicated that it will be pursuing a very narrow interpretation of its Terms of Reference.

Now, as in 1769, the people of Jersey cannot rely upon the government of the Island to address the many problems that are obvious in this community of just 100,000.
Unfairness and lack of equality runs throughout so many aspects of official political thinking which has scant regard for international obligations or standards.

Problems of poverty, poor housing, inadequate heath care and such like – which the protestors of 1769 were concerned with – remain unsolved or addressed.

The reforms of government itself and the lack of democratic representation - another major part of the 1769 grievances - also remain unresolved and it seems unlikely that the current Electoral Commission will support change for the better.

Peaceful protest on the streets, public debate, the free expression and exchange of ideas to challenge the political status quo - these are the wholly respectable and democratic rights of the people in a democratic society.

As in 1769, it is surely now necessary for the public to take the initiative for reform and remove the discussion away from the too cosy and restricted confines of the States Chamber and out of the clutches of complacent officials and their media mouthpieces.


Thursday, September 6, 2012

Constable Pallett of St Brelade - what happened?




Yesterday’s Scrutiny Panel hearing concerned the Economic Affairs Panel, the Medium Term Financial Plan and the Economic Development Department.

Almost everything that is wrong with Jersey government was on display. Some of the shortcomings are discussed in the interview here with Constable Pallett of St Brelade but in the light of the current Electoral Commission’s work, there is much more that needs to be said in other places.

Quite how the politically progressive Steve Pallett has become transformed into an ultra-conservative Constable in such a short time is a mystery to me, especially since he is evidently the same decent thinking and friendly chap.

His views as expressed here on the role of Constables both in and outside the States certainly cause me to be even more concerned about any future activities for this powerful group.

The fact that his fellow Panel member Constable Paddock of St Ouen sat through the entire 75 minutes of this public hearing without contributing anything beyond  speaking his name – says a great deal to me. But why was he there?

Much the same could be asked about Assistant Minister Deputy Baker (sitting in for the EDD Minister absent for legitimate family reasons) but he spoke for only a few sentences – 2 minutes at most – whilst the EDD CO Mike King hogged the entire proceedings.

Even when Deputy Baker asked to be able to “say a few words regarding question three” his request was ignored. The discussion carried on without him!

Of course the whole scrutiny hearing was led by Deputy Luce of St Martin as chair of the Panel but he clearly sees the purpose to be just a friendly, well-rehearsed PR chat.
When ever the questions seemed to ruffle the feathers of CO King, Deputy Luce was apologetic – saying we don’t mean to be critical etc….!

A case in point was when Steve Pallett raised the international human rights question (which was presumably not according to the prepared script) and this was obviously intended – as a political question – for Deputy Baker – but King took over and Luce moved the discussion on to other matters, just as soon as he could.

If Scrutiny has managed to make their pod-cast system work then this full discussion can be accessed on-line.
But why are the Committee of Constables allowed to meet in total secrecy with no published agenda and no public participation etc etc and why oh why does a  formerly progressive chap such as Steve Pallet believe  this to be satisfactory?

We should all be very worried – but at least we have Friday 28 September to look forward to when we can all vent our frustrations in the proper place – in public – and discuss such things and many more whilst getting organised for change with or without our elected representatives…..


Thursday, August 30, 2012

ONLY TEN PERCENT HUMAN RIGHTS ELECTORAL CONCERN from COMMISSION

The 10% rule and Senator Bailhache…

You can generally tell when a lawyer is beginning to lose the case in court because he or she will suddenly grasp the get me out of here “human rights” argument.

Today we in the public seats at the Electoral Commission’s latest hearing observed Chairman ex Bailiff Sir Philip not just reaching out for the ejector seat button but he was desperately seeking any exit from the impending disaster.

The old ship of Jersey tradition is headed for the rocks and he knows it.

So when the common call from so many witnesses was to throw the Constables overboard he was almost at a loss to know what to do.

Even Constable Norman proposed it in his refreshingly frank presentation and Senator Bailhache was pricked to reveal that “we” (the Commission that is) had only just learned about the 10% rule and he challenged the Constable that his “Clothier style” reforms (with all members elected on a Parish basis in a general election on the same day, under the same terms and conditions) might lead to an “international human rights breach”.

The basis of his sudden concern was that constituencies of unequal voter size would be in breach of international rules which allow for a deviation of about 10% or so ONLY.
The ex Bailiff was not sure which rules these actually were or which International Convention they came from but he resorted to the same argument on several occasions, as the long day of hearings wore on.

Eleven rounds of half an hour each with a fresh contestant for each round is a heavy-weight contest by any standards, especially since so many body blows struck the anti-reform target. The ex Bailiff’s aged constitution is clearly getting a bit tired.
Sir Philip’s gloves were so obviously becoming too heavy and his legs too wobbly and it was all under the steady gaze of Emille Collin’s bronze bust too.
Some people swore that Emille’s lips actually formed into a smile when the demand for the chance to vote for all the candidates of choice on an “all island basis” was uttered by several witnesses…

Sir Philip however did not play the human rights tune when it was pointed out  again and again that the inequality of the current Parish vote for Constables is already hopelessly unfair (and so must equally be in breach of any 10% International obligation}.
With St Mary’s 1,500 voters at such variance with St Helier’s 25,000 - the existing breach should be obvious to anybody but the misty eyed adherents of Jersey tradition will never grasp the unfairness argument readily.
Perhaps the fear of some international condemnation by the UN or the Council of Europe will stimulate action even before this Commission reports?

Our ex Bailiff  with his all-Island Senatorial mandate cannot be so unaware of this simple fact and he should perhaps be bringing a proposition to the States ASAP to correct the international unlawfulness in accordance with his oath of office to “uphold the {human rights} laws and usages of the Island etc”?

Of course he will not do so but it is difficult to imagine how the Electoral Commission can ignore the 10% rule threat when it produces its report and reform suggestions.

For those who want to learn more about the 10% rule – the http://aceproject.org site of the ACE electoral knowledge network is full of very wordy but essential reading.

In essence, international standards on elections are laid down in such instruments as the UN Declaration on Human Rights, The UN Covenant on Civil and Political Rights and the Covenant on Social, Cultural and Economic Rights (all ratified for Jersey), plus other Conventions such as those against Racism or the Rights of Women and various documents on non-discrimination in the matter of political rights (1962) or framework for periodic and genuine elections (1989).

Under these, the requirement that free elections must facilitate the full expression of the political will of the people is developed.
Not just as an add-on but as the VERY BASIS OF LEGITIMATE GOVERNMENT.
One person, one vote is the basis of universal suffrage.
Each vote must carry equal weight – electoral districts must be established on an equitable basis to ensure that the results accurately reflect the will of ALL VOTERS.

The electoral districts must be determined on the basis of equality of actual populations or voter populations, as far as possible.
That is where the “10% rule” comes in and the boundaries of constituencies must be regularly reviewed to accommodate changes in population too and that review MUST be undertaken by an independent authority – i.e. not part of the government.
Generally, such reviews in most countries take place every few years.

The current (2012) UK arrangements are worth looking at.
The number of MPs in Parliament is being reduced from 650 to 600.
Each constituency will be within 5% (plus or minus) of a standard population quota – currently fixed at 76,641 (thus acceptable within the 5% variation range of 72,810 to 80,473) with a further general maximum land area of 13,000 square kms.
Redistribution of boundaries must be considered every 5 years.
Parliamentary terms are now for a fixed term of 5 years.

So this is the sort of standard that is being applied for the “mother of Parliament” but of course Jersey’s overall population has grown from about 60,000 to nearly 100,000 since 1960 and our electoral boundaries remain virtually unchanged.
Unfairness is just a fact of the Jersey electoral system as it has always been – but the “human rights” argument is hardly going to assist in its preservation.
 On the contrary, international obligations must ensure that the whole basis of having a block of 12 Constables (so unfairly returned into the States) is untenable.
The current arrangements for the choice of Deputies must be similarly defective under the 10% rule.
The writing is on the wall but am I being too optimistic for reform – can this Electoral Commission still, somehow report in favour of the status quo…?

Answers in Jerriaise please…


Friday, July 13, 2012

All government, even at its best, is but a necessary evil

Electoral Commission

Submission from Michael Dun                                                  10 July 2012

Having sat in on part of yesterday’s hearing I am provoked to prepare this for the Commission’s consideration.

The people of Jersey need more elected representation – not less.

Parish representation.
In simple terms I would propose that the Constables’ Committee be expanded in its functions and processes to form a sort of lower level of government, with twelve Constables elected by Parishioners, all on the same day and for terms as at present or four years if necessary for consistency (the same as for members of a reformed States).
The Constables should be paid by their own Parishes at rates fixed by Parishioners and have much wider responsibilities and powers to control Parish matters such as public transport strategies and regulation, roads, street lighting, licensing matters for pubs and entertainments, honorary policing etc.

The Parish Halls should also be encouraged to develop as centres of activity and information or advice on all matters of Island life for residents and visitors.

The Committee of Constables should meet at least every month, around the Parishes in rotation, their meetings should be open to the public of the whole Island with published agenda and receive propositions for discussion etc from the general public or Parish Assemblies and serve as a conduit for written and oral communications between the Parishes and the (reformed) States Assembly.

A reformed States Assembly.
“An upper level of government” – would consist of  elected Parish Deputies and Senators – all elected for the same term (say four years) on the same day as a “general election.”
Every Parish should elect at least one Deputy but additional seats should be created (probably about four in total) for the more densely populated constituencies of the Island.

The States Assembly would be responsible primarily for all Island - “National” – matters and International issues or relationships.  So far as practicable, all “parochial” administration would be dealt with through the Parish system and under the Constables’ authority.

Senators – no more than twelve in number - would continue to be elected on an “all Island basis” for the same (four years) term as Deputies. They would receive the same salaries and terms of employment as Deputies and would be required to represent all Islanders without discrimination.

Constables would have a seat and voice in the States Assembly but no vote. Their attendance in the States would be at the Constables’ own discretion but they could be required to express a Parish Assembly viewpoint when mandated by Parishioners.

A “Chief of Constables” could be mandated by the Constables’ Committee, as a conduit to present or receive policy decisions arising between the States Assembly and the Committee.

Constables could be “co-opted” onto States’ panels or committees as consultants or advisers but would have no vote.

The election of the twelve Constables’ should take place on the same day as the States’ general election.

A Constable could not also be a Senator or Deputy.

Other necessary changes.
These reforms are proposed on the basis that other major restructuring of the Jersey government system takes place soon.

This would require, for example, the removal of all the Crown Officers from the States, the creation of a Department of Justice for Jersey and that the States’ Greffier’s Department shall provide the “Speaker” for the States Assembly.
Furthermore, that better arrangements should be initiated for the States and the public of Jersey to consult with UK Government departments directly, that Jersey’s governmental information provision to the public should be improved and that a fully funded “Ombudsman” service, with wide terms of reference be introduced to replace the wholly ineffective “Complaints Board” system of administrative review.

I shall be pleased to amplify these suggestions if required by the Commission.

During Senator Ozouf’s oral presentation he touched upon the current vagueness about the status of the “States” as the government of Jersey. This was a matter that attracted some attention during the “Lord Carswell” examination of the role of the Crown Officers and there is a need to carry out much wider reforms than the current terms of reference seem to demand.
The government of Jersey also takes place in other locations, forums and institutions beyond the boundary of the Bailiwick.

This need also should require a comprehensive re-appraisal in accordance with international (human rights) standards of Jersey’s system of elections and democratic representation.

The method of selection of the Chief Minister (and the status of that appointment) also needs to be reviewed and reformed.

Taking part in the conduct of public affairs is a basic human right established under the UN Universal Declaration of Human Rights and the UN Covenant on Civil and Political Rights (both ratified for Jersey) and the (ECHR) European Convention on Human Rights (incorporated locally as the Human Rights (J) Law in 2006).

Elections alone (even fair ones), do not constitute a democracy.
The international standards on elections include the rights:
To take part in government
To vote and to be elected
To equal access to public service …without discrimination of any kind such as race, colour, sex, language, religion, political or other opinion, natural or social origin, property, birth or other status.

The electorate must also have the ability to remove a government when necessary.

Other rights are crucial to the enjoyment of a meaningful electoral process – especially during elections – such as freedom of expression, of information, of assembly, of association and of movement as well as freedom from intimidation.
In a small community, with only one Island newspaper, and no local restraints over standards of broadcasters or journalists, there are special difficulties in achieving fairness in many of these matters.

Each vote should also have the same weight and electoral districts must be organised on an equitable basis.

As the most recent Deputies’ election revealed, there are also uncertainties about contesting the results of an election and this procedure demands clarification, at least.

That prisoners in Jersey (unlike Guernsey) are denied the right to vote appears to be in breach of Article 3 of Protocol 1 of the ECHR following the decision in Hirst v UK.
This could have further implications so far as any Referendum is concerned with the results of this Commission’s findings but it is the UK as High Contracting Party, not the Jersey “government” (whatever this might be), that must ultimately reform Jersey practice, in line with the
European Court
’s decision and the requirements of the Convention on many diverse matters.

This constitutional oddity raises its own cause for concern that needs to be addressed since the population of Jersey has no vote in the choice of the High Contracting Party aka UK Parliament or its institutions.

Similarly, it is estimated that 20,000 people with Jersey “housing qualifications”actually live outside of the Island yet they appear to have no right to vote in Island elections. Why not? In the absence of a “Jersey nationality” status it may be difficult to otherwise demonstrate a close association with Jersey but “foreign nationals” can vote here and in the elections of other places.
There is also a legitimate call for “Foreign Nationals” to be able to stand for election in Jersey subject to several years’ residence – so why should the 20,000 with such strong links be denied the Jersey vote and how might this substantial denial affect the legitimacy of the whole election process?

The lack of political parties in Jersey is not merely a curiosity because they are a fundamental part of the democratic process in most places. Without them it is recognised that the task of “changing government” is doubly difficult so that in order to comply with Protocol 1 requirements (for example) there has to be a more deliberate effort to encourage political participation by diverse classes of people. Adequate terms of remuneration and the provision of pensions with proper working facilities for all members of the “government” are essential.
Equally so is a framework of protective legislation against private or public employers (for example) who might hinder employees’ participation in political, social reforming activities or in forming or promoting Trades Unions.

The Sark example demonstrates that the use of Parliamentary powers is not just a theoretical threat since ECHR and UK High Court judgments (following McGonnel  and Barclay Brothers) have been “imposed” upon that Island to ensure compliance with electoral standards in accordance with Article 3 of Protocol 1.

Similarly, following the ECHR case of Matthews v UK, the people of the Dependency of Gibraltar now participate in EU elections as voters in a UK South West constituency, in order to comply with the same ECHR Protocol requirements.
It is significant that the
European Court
accepted that the EU Parliament has now evolved into a “government” over the years in which the people of Gibraltar must have the right to take part etc. The Court acknowledged the increased role in law-making of the EU Parliamentary process and its direct impact on the people of Gibraltar.

It becomes ever more difficult in Jersey to argue that the UK and EU Parliaments do not act as governments or legislatures for the Island whereas so many decisions are made (on everyday matters such as health treatment, travel, passports or taxation) outside the Bailiwick, in London, Brussels or elsewhere.
Why are residents of Jersey not represented in those parts of “government”?
This seems to be yet another question that this Commission should be considering.


 “A” revised 11 July 2012