Politics of Jersey

States of Jersey Êtats d'Jèrri (Jèrriais) États de Jersey (France)
Coat of arms of Jersey
Polity type	Unitary parliamentary democratic constitutional monarchy
Legislative branch
Name	States Assembly
Type	Unicameral
Meeting place	States Chamber
Presiding officer	Timothy Le Cocq, Bailiff
Executive branch
Head of State
Title	Monarch
Currently	Queen Elizabeth II
Appointer	Hereditary
Head of Government
Title	Chief Minister
Currently	Senator John Le Fondré
Cabinet
Name	Council of Ministers
Headquarters	Broad Street Offices
Ministries	9

Diagram of Jersey's political system

The Bailiwick of Jersey is a British Crown dependency, unitary state and parliamentary representative democracy and constitutional monarchy. The current monarch and head of state is Queen Elizabeth II, while the Chief Minister Senator John Le Fondré is the head of government.

Legislative and executive power is vested in the States of Jersey,^[1] which is composed of the Assembly of States members (States Assembly, French: Assemblé des États). Elected States members appoint the Council of Ministers (including the Chief Minister and other Ministers), which is the decision-making body of the island's government, the Government of Jersey.^[2] Other powers are exercised by the Connétable and Parish Assembly in each of the twelve parishes.

Politics of Jersey
show The Crown Duke of Normandy Queen Elizabeth II Lieutenant Governor Sir John McColl
show Executive Government of Jersey Chief Minister John Le Fondré Council of Ministers
show Legislature Bailiff William Bailhache
show Judiciary Crown Officers Jurat Courts of Jersey
show Local government Parishes Parish assemblies
show Elections Political parties Last election
show External relations External relations EU trade deal
Other countries
v

As one of the Crown dependencies, Jersey is sovereign territory of the Crown but is not part of the United Kingdom. Jersey can be best described as "neither a colony nor a conquest, but a peculiar and immediate dependency of the Crown."^[3] The island is part of the British Islands, a political term encompassing the United Kingdom and the Crown Dependencies.^[4] This island is for the most part self-governing, with its own independent legal, administrative and fiscal systems.^[5]

The link between the island and the monarchy, rather than through Parliament, has led to an effectively independent political development on the island. In medieval times, the island was treated as a possession of the King by the English government, rather than part of the English state.^[6]

History[]

The political history of Jersey is a long standing one. In terms of its political geography, the island was initially part of the Duchy of Normandy for administrative purposes. The island came under the rule of the King of England, when in 1066, William the Conqueror invaded England. However, Jersey remained a part of Normandy, which was administered separately from what would become the island's parent state.

In 1204, Jersey became English, when King John lost mainland Normandy to France. The Channel Islands remained loyal to the English crown due to the loyalties of its Seigneurs.

The existing Norman customs and laws were allowed to continue and there was no attempt to introduce English law. The formerly split administrative system was replaced with a centralised legal system (the basis of the "States"), of which the head was the King of England rather than the Duke of Normandy.^{[7]: 27–8}

The King allowed the Channel Islands to continue governance separate from his Kingdom and issued "The Constitutions of King John" - legislative power was vested in 12 jurats, the twelve "senior men" of the island. Along with the Bailiff, they would form the Royal Court, which determined all civil and criminal causes (except treason).^[8] In medieval times, the island was treated as a possession of the King by the English government, rather than part of the English state.^[6]

The role of the jurats when the King's court was mobile would have been preparatory work for the visit of the Justices in Eyre. It is unknown for how long the position of the jurats has existed, with some claiming the position dates to time immemorial. After the cessation of the visits of the Justices in Eyre (and with the frequent absence of the Warden), the Bailiff and jurats took on a much wider role, from jury to justice.^[7]:28

Despite this establishment of self-governance, Jersey was still under the rule of the English monarchy. The King appointed a Warden (later to become Governor, and Lieutenant Governor). In 1253, the Warden appointed a Bailiff to aid in the island's governance.

Initially, the Royal Court was both the law-making and law enforcing body for the island. Laws would be made by an Order of the Privy Council after a petition from the Royal Court. The Royal Court created an assembly, known as the States of Jersey, to advise the court on legislative matters, formed of three estates (modelled on the French system), the Jurats, the Rectors and the Connétables, each representing one of the estates: the Crown, the Church and the people, respectively.

The French captured Mont Orgueil between 1461 and 1468.^[9] It may well be during this occupation that the island saw the establishment of the States. Comte Maulevrier, who had led the invasion of the island, ordered the holding of an Assize in the island. Maulevrier confirmed the place of existing institutions, however created the requirement for Jurats to be chosen by Bailiffs, Jurats, Rectors and Constables.^[10]

The earliest extant Act of the States dates from 1524. The States are mentioned in a document of 1497 regarding the endowments of the grammar schools; by 1526 attendance by members at the assembly was evidently a requirement, as in that year the Rector of St Mary was fined for failure to attend.^[11]

In 1541, the Privy Council, which had recently given a seat to Calais, intended to give two seats in Parliament to Jersey. Seymour, the Lieutenant-Governor of the Island, wrote to the Jurats, instructing them to send two Burgesses for the isle. However, no further steps seemed to have been taken since the letter did not arrive in front of the States Assembly until the day the elected persons were required to arrive in London.^[7]:70

The Royal Court retained legislative functions until 1771. However, an Order-in-Council declared that only the States should hold legislative power.^[8] The Royal Court and the States both legislated until with the fixing in 1771 of the Code des Lois it was established that the States had a legislative monopoly.^[12]

The late 18th century was the first time political parties in some form came into existence on the island. Jean Dumaresq was an early Liberal who called for democratic reforms (that the States should be democratically elected Deputies and should have vested in them executive power). His supporters were known as Magots ("maggots", initially an insult from his opponents, which the Magots reclaimed as their own term) and his opponents as the Charlots (supporters of the Lieutenant Baliff Charles Lempière). Dumaresq is quoted as saying "we shall make these Seigneurs bite the dust". In 1776, he was elected as Connétable for St Peter.^[7]:200

In 1856, democratic reform (albeit restricted democracy) began to come to the island's system. Although the Connétables were a form of democratic representation, this reform brought in 14 Deputies to represent islanders: 3 from St Helier and one from every other parish.

After liberation, in 1948 several reforms to the island's political system were introduced. Rectors and Jurats ceased to be States Members. The number of Deputies was increased and 12 Senators were introduced. The Church continued to have a seat in the States, through the Dean of Jersey, although this was a voteless seat.^[8]

Constitution[]

Jersey has an unwritten constitution arising from the Treaty of Paris (1259). When Henry III and the King of France came to terms over the Duchy of Normandy, the Norman mainland the suzerainty of the King of France. The Channel Islands however remained loyal to the British crown due to the loyalties of its Seigneurs. But they were never absorbed into the Kingdom of England by any Act of Union and exist as "peculiars of the Crown".

This peculiar political position has often been to the benefit of islanders. Until the 19th century, the island was generally able to be exempt from the harsher parts of Westminster legislation, while being included in favourable policies, such as protectionist economic policies. England, and later the United Kingdom, passively exploited the strategic benefits of the Channel Islands. For example, they were able to serve as a convenient stop-off point for trade to Gascony.^[6]

Legislation relating to the organisation of government includes:

Constitutional reform[]

Campaigns for constitutional reform during the 19th century successfully called for: the replacement of lay Jurats with professional judges in the Royal Court to decide questions of law; the establishment of a Police Court (later known as the Magistrate's Court); the creation of a Petty Debts Court; a professional, salaried police force for St Helier in addition to the Honorary Police; and the reform of "archaic procedure of the Royal Court for criminal trials".^[31] In 1845, the elected office of deputy was created though this did little to redress the disparity of representation between the rural and urban parishes: in 1854 St Helier contained over half of the island's population, yet was able to elect only three out of the 14 deputies.^[32]

Two significant constitutional reforms took place during the 20th century. In 1946, the States of Jersey drew up plans for change following the German Occupation, which were examined by a Committee of the Privy Council.^[33] No change was made to the functions of the Bailiff. The twelve Jurats were removed from the assembly of the States of Jersey and replaced by twelve senators elected on an island-wide basis who would have no judicial functions. The twelve Rectors also lost their place in the States assembly. No reforms were made to the role of the Deputies in the assembly. The second major reforms took place in December 2005, when the States of Jersey Law 2005 came into force. This created a system of ministerial government to replace the previous committee-based administration.^[34]

Electoral reform is a topic of debate on the island. The 2000 Clothier report recommended the reform of the composition of the States to have a single type of member known as a Member of the States of Jersey (MSJ).^[35] In 2009, the States Assembly rejected proposals to keep the 12 Connétables and introduce 37 deputies elected to six "super-constituencies".^[36] In 2010, the States assembly agreed to holding elections for all seats on a single date and to cut the number of Senators from 12 to 8.^[37] In 2016, a proposition (P.2016/113) was voted on in the States concerning changes to its composition. The 12 Parish Connétables would retain their position as States Members, with 32 Senators elected from six large districts, each electing either six or five Senators.^[38] In 2021, the States Assembly voted a large reform of their composition from the 2022 general election. The role of Senators will be abolished and the eight senators replaced with an increase number of deputies. The 37 deputies will be elected from nine super constituencies, rather than in individual parishes as they are now. Although efforts were made the remove the Connétables, they will continue their historic role as States members.^[39]

In December 2010, a committee chaired by Lord Carswell recommended changes to the role of the Bailiff—in particular that the Bailiff should cease to the presiding officer over the States Assembly.

The States Assembly agreed in March 2011 to establish an independent electoral commission to review the make-up of the assembly and government.^{[40][citation needed]}

In April 2011, Deputy Le Claire lodged au Greffe a request for the Chief Minister to produce, for debate, a draft written "Constitution for Jersey";^[41] the States Assembly did not support this idea.^[42]

Clothier report[]

The Report of the Review Panel on the Machinery of Government in Jersey^[35] was released in December 2020 with an aim to provide a deep reform of the island's governance system.

The report recommended a reform of the electoral system. They recommended that an independent Chief Electoral Officer be appointed, that elections be reformed to become single-day general elections (for all States Members, inclduing Connétables) and that candidates be required to submit a brief statement on policies and objectives for the next term.

The report recommended alterations to the composition of the States. According to the report, the role of Senator should be abolished and replaced with 12 additional States members; the Connétables should no longer be States Members ex officio, being required to run for office separately if they wish to sit in the States; that discrepancies between the number of representatives and the parishes' populations should be evened out; that the name Deputy should be replaced with Member of the States of Jersey and that the total size of the Assembly should be between 42 and 44 members.

The report recommended that the existing Committee structure, made of twenty four committees, should be abolished and replaced. They recommended that the number of portfolios was too large, and should be reduced; that for the committees there should be established a number of departments (as few as seven); the political direction of each department should be the purview of a Minister and one or two other members; that a Council of Ministers should be created, invested with sufficient powers; that a Treasury Department should be established to take over the Resources role of the Policy and Resources Committee and that new Scrutiny committees should be established to scuritinise the Council of Ministers.

On the role of the Bailiff, the report recommended that he should cease to act as the president of the States assembly and that a Speaker should be elected instead by the States. They also recommended he no longer be the principal link with the Home Office. Instead, he should focus his full time on his role as the Chief Justice of the Island and his position as the Lord Chancellor-equivalent for the island should be respected.

Otherwise, the report also recommended that facilities for States members be improved, with the establishment of a Committee of Members, which would provide proper fcilities for all Members; that a Jersey (or Channel Islands) Ombudsman be appointed to hear complaints about Government Departments and that there should be regular use of consultative papers.

Relations with the United Kingdom[]

The Crown Dependencies have each had a historic and complex relationship with the United Kingdom and with its predecessors. Jersey is not, and has never been, part of the United Kingdom, the Kingdom of Great Britain or the Kingdom of England, however it has been a dependency of the monarch of each of these states at their time of existence. Therefore the government in Westminster has played an important role in Jersey's lawmaking and political landscape since Jersey was separated from the Norman mainland. Furthermore, the island's strong non-political links with Great Britain has meant that the British political goings-on have frequently had a strong effect on Jersey's politics.

Unlike the situation of the British Overseas Territories, the UK Parliament has never been the constitutional link between the Channel Islands and the UK and the island has never had representation in the House of Commons.^[43] The link is instead through the monarch.^[6]: 6–7 Within the United Kingdom government, responsibility for relations between Jersey (and the other Crown dependencies) and the United Kingdom lie in the Crown Dependencies Branch within the International Directorate of the Ministry of Justice, which has a core team of three officials, with four others and four lawyers available when required.^{[5]: paras 11–12}

In 2010, the House of Commons Justice Committee, conducting an inquiry into the Crown dependencies, found that the Jersey government and those of the other islands were "with some important caveats, content with their relationship with the Ministry of Justice".^{[5]: para 13} Tensions have, however, arisen from time to time. In the 1980s, there were discussions about a financial contribution from Jersey towards the United Kingdom's costs in relation to defence and international representation.^[44] In March 2009, the House of Lords Constitution Committee criticised UK government proposals in the Borders, Citizenship and Immigration Bill dealing with the Common Travel Area, concluding that "the policy-making process ... has not been informed by any real appreciation of the constitutional status of the Crown dependencies or the rights of free movement of Islanders".^[45] In 2009, the UK cancelled the reciprocal health agreement with Jersey, though a new one came into effect in April 2011.^[46][47]

Although Jersey is for most day-to-day purposes entirely self-governing in relation to its internal affairs, the Crown retains residual responsibility for the "good government" of the island.^{[5]: Chapter 3} The UK government has consistently adopted a "non-interventionist policy", and following the "high degree of consensus amongst academics, legal advisers, politicians and officials" would only intervene "in the event of a fundamental breakdown in public order or the rule of law, endemic corruption in the government or other extreme circumstances".^{[5]: Chapter 3} According to UK Ministry of Justice guidance, UK Government departments have a responsibility to engage directly with the Crown Dependencies.^[43]

International relations[]

The 1973 Kilbrandon Report stated that "In international law the United Kingdom Government is responsible for the Islands' international relations" and "also responsible for the defence of the Islands".^[48] The United Kingdom is responsible for Jersey's international relations as an aspect of the island's status as a Crown dependency. It is now normal practice for the UK to consult the Jersey government and seek their consent before entering into treaty obligations affecting the island.

Since 2000, Jersey's "external personality" has developed, recognised in the preamble to the States of Jersey Law 2005 which refers to "an increasing need for Jersey to participate in matters of international affairs".^[49] In 2007, the Chief Minister of Jersey and the UK government agreed an "International Identity Framework", setting out the modern relationship between the United Kingdom and Jersey. The United Kingdom now issues "Letters of Entrustment" to the Jersey government, which delegate power to Jersey to negotiate international agreements on its own behalf and sign treaties in Jersey's own name rather than through the United Kingdom. This development was "strongly supported" by the House of Commons Justice Committee in its March 2010 report on the Crown Dependencies.^{[5]: para 93} In January 2011 Senator Freddie Cohen was appointed as Assistant Chief Minister with responsibility for UK and International Relations (in effect, Jersey's first Foreign Minister).^[50]

Jersey was neither a Member State nor an Associate Member of European Union. It did, however, have a relationship with the EU governed by Protocol 3 to the UK's Treaty of Accession in 1972.^[51]

In relation to the Council of Europe, Jersey – as a territory the United Kingdom is responsible for in international law– has been bound by the European Convention on Human Rights since the UK acceded to the treaty in 1951. The Human Rights (Jersey) Law 2000 makes Convention rights part of Jersey law and is based closely on the United Kingdom's Human Rights Act 1998.

During the 1980s, the question of Jersey making an annual contribution towards the United Kingdom's costs of defence and international representation undertaken on behalf of Jersey was raised. In 1987, the States of Jersey made an interim payment of £8 million while the matter was discussed. The outcome of debates within the island was that the contribution should take the form of maintaining a Territorial Army unit in Jersey. The Jersey Field Squadron (Militia), attached to the Royal Monmouthshire Royal Engineers (Militia), deploys individuals on operations in support of British Forces.^[52]

The Crown[]

The Lieutenant Governor is the representative of head of state and the Bailiff is the civic head. Both are appointed by the Crown. Here the holders of the offices in 2011 are seen processing alongside on Liberation Day

Queen Elizabeth II

As a Crown dependency, the head of state of Jersey is the British monarch and Jersey is a self-governing possession of the Crown. The present monarch, whose traditional title in the Channel Islands is the Duke of Normandy is Queen Elizabeth II.^[53]

"The Crown" is defined by the Law Officers of the Crown as the "Crown in right of Jersey".^[57] The Queen's representative and adviser in the island is the Lieutenant Governor of Jersey, appointed for a five year term.^[56] He is a point of contact between Jersey ministers and the United Kingdom government and carries out executive functions in relation to immigration control, deportation, naturalisation and the issue of passports.^[58] Since 2017, the incumbent Lieutenant Governor has been Sir Stephen Dalton.^[56]

The Crown (not the government or parliament of Jersey) appoints the Lieutenant Governor, the Bailiff, Deputy Bailiff, Attorney General and Solicitor General. In practice, the process of appointment involves a panel in Jersey which select a preferred candidate whose name is communicated to the UK Ministry of Justice for approval before a formal recommendation is made to the Queen.

Legislature[]

The States building in St. Helier

The parliamentary body responsible for adopting legislation and scrutinising the Council of Ministers is the States Assembly. Forty-Nine elected members (8 Senators, 29 Deputies and 12 Connétables) sit in the unicameral assembly. There are also five non-elected, non-voting members appointed by the Crown (the Bailiff, the Lieutenant Governor, the Dean of Jersey, the Attorney General and the Solicitor General).^[49]

Elections for Senators and Deputies occur at fixed four-yearly intervals, historically in October.^[59] From 2018, elections will be held in May every fourth year.^[60]

At a local level, the Connétables (or 'constables') are elected for four years. Other posts in parish municipalities vary in length from one to three years and elections take place at a Parish Assembly on a majority basis. It has been some time since parties contested elections at this level, other than for the position of Connétable who uniquely has a role in both the national assembly and in local government.

Decisions in the States are taken by majority vote of the elected members present and voting. The States of Jersey Law 2005 removed the Bailiff's a casting vote and the Lieutenant Governor's power of veto.^[61] Although formally organised party politics plays no role in the States of Jersey assembly, members often vote together in two main blocs – a minority of members, holding broadly progressive views and critical of the Council of Ministers versus a majority of members, of conservative ideology, who support the Council of Ministers.^[62]

Scrutiny panels of backbench members of the assembly have been established to examine (i) economic affairs, (ii) environment, (iii) corporate services, (iv) education and home affairs and (v) health, social security and housing.^[63] The real utility of the panels is said to be "that of independent critique which holds ministers to account and constructively engages with policy which is deficient".^[62]

According to constitutional convention United Kingdom legislation may be extended to Jersey by Order in Council at the request of the Island's government. Whether an Act of the United Kingdom Parliament may expressly apply to the Island as regards matters of self-government, or whether this historic power is now in abeyance, is a matter of legal debate. The States of Jersey Law 2005 established that no United Kingdom Act or Order in Council may apply to the Bailiwick without being referred to the States of Jersey.^[49]

Executive[]

John Le Fondré is the island's Chief Minister.

Previously, both executive and legislative powers were vested in a single body: the States of Jersey. A committee system managed government affairs and policy, with committees formed of States members.^[62] A report of a review committee chaired by Sir Cecil Clothier criticised this system of government, finding it incapable of developing high-level strategy, efficient policy coordination or effective political leadership.

The States of Jersey Law 2005^[49] introduced a ministerial system of government. Executive powers are now vested in the Council of Ministers - formed of the Chief Minister and other Ministers (all elected directly by the States). The Council is the leading decision-making body of the wider Government of Jersey.

The Chief Minister is elected from amongst the elected members of the States. Ministers are then proposed both by the Chief Minister and any other elected member, the final decision being made by the States assembly.

The overall direction of government as agreed by the Council of Ministers is published periodically as a "strategic plan", the current one being the Common Strategic Policy 2018 to 2022.^[64] These plans are debated and approved by the States Assembly and translated into action by a series of business plans for each department.

Cabinet collective responsibility among members of the Council of Ministers is a feature of the 2015 Code of Conduct for Ministers.^[65] However, ministers retain the right to present their own policy to the States in their capacity as a member of the assembly in domains not concerning Council policy.

In recent years, former Chief Executive Charlie Parker introduced a number of reforms to the government's administrative structure. Moving away from a system whereby each Minister heads a single department, the One Government structure focuses on more efficient governmental organisation. As of 2021, the Government departments are:

• Office of the Chief Executive
• Customer and Local Services
• Children, Young People, Education and Skills
• Health and Community Services
• Infrastructure, Housing and Environment
• Justicer and Home Affairs
• Strategic Policy, Planning and Performance
• Treasury and Exchequer
• Chief Operating Office

Political parties[]

In 2000, the Clothier report noted that "over the centuries Jersey has had many parties, by which one means only a coming together of like minds to achieve a particular objective. Once achieved, the binding purpose has disappeared and the group pursuing it has dissolved. Such a grouping is not a true political party because it lacks the cement of a common philosophy of government, having only a narrow objective to hold it together until the objective is either attained or lost".^{[34]: para 4.10} Various parties have been formed over the years in Jersey, but since the 1950s the majority of candidates have stood for election unaffiliated to any political party.

18th century[]

Historically, two parties dominated Jersey politics. Originating in the 1770s, the Jeannot party formed around the radical lawyer and Connétable, Jean Dumaresq, who opposed the cabal of Jurats who surrounded Lieutenant-Bailiff Charles Lemprière (whose supporters became known as the Charlot party). The Jeannots rapidly adopted the nickname of Magots (cheese mites) after their opponents boasted of aiming to crush them like mites.^[66]

Dumaresq believed in political reform and was an early example of a Liberal. He believed in democratic reform - that the States should have vested in them executive power and should be composed democratically elected Deputies.^[7]:200

19th century[]

Bread riots in St Helier, 1847

After the Napoleonic Wars, the parties were still existent. St Ouen provided each party with an emblem and a name: the Charlots (the Conservatives, sporting a rose) and the Magots (the Progressives, sporting a laurel leaf).^[7]:231

The symbolism soon became entrenched to the extent that gardens displayed their owners' allegiances, and pink or green paintwork also showed political sympathies. Still today in Jersey, the presence of established laurels or rose gardens in old houses gives a clue to the past party adherence of former owners, and the chair of the Constable of Saint Helier in the Assembly Room of the Parish Hall still sports the carved roses of a former incumbent.

In order to help control voting in Jersey, it was not unknown for citizens to find themselves taken and stranded on the Écréhous until after voting had taken place.^[67]: 72 By the time of the introduction of the secret ballot in 1891, party politics had waned.

Blues and Reds contested local elections into the 1920s, but Islandwide party politics lay dormant until the post-Occupation elections under the new Constitution of 1948.

After the Occupation[]

Senator Philip Le Feuvre topped the poll in 1948 on a platform of implementing Social Security

The first election under the new constitution saw a struggle for dominance between the and the , led by Cyril Le Marquand. Having achieved the political reforms it advocated the Progressive Party soon folded as an organisation, while the Democratic Movement, incorporating the tiny Communist Party of Jersey,^[68] continued in existence as a campaigning social movement until the late 20th century.^[69]

After the 2005 constitutional reforms[]

The prospect of ministerial government and the creation of an executive and opposition, led to the formation of two political parties – the Jersey Democratic Alliance and the Centre Party – in preparation for the 2005 elections. A group called "Elect Jersey 2005" worked to assist some independent candidates prepare for the elections.^[70] None of the party-affiliated candidates was successful in the October senatorial elections;^[71] three JDA members standing as independents were elected as deputies in November 2005 along with two members of the Centre Party who had similarly stood as independents.^[72] The Centre Party was wound up in 2007.

In 2008, legislation was passed to require registration of political parties who wished to endorse candidates for election as a senator, deputy or Connétable.^[73]

In the 2008 elections for senators, the JDA fielded two candidates, two candidates stood as members of the campaign group "Jersey 2020" (focusing on environmental issues) and two for "Time4Change/Reform": none was successful.^[74] In the subsequent deputies' elections, four JDA candidates were successful,^[75] but three of them subsequently left the party and continued to sit as independents.^[76] In August 2011, the JDA announced that party members would stand only as independents in the October 2011 elections.^[77] A branch of the 'Liberal Democrats Abroad' was formed in the island in November 2011.^[78]

On 4 July 2014, Reform Jersey became Jersey's only political party when it was registered in the Royal Court.^[79] The party contested the 2014 general election where 3 of their 8 candidates were elected.^[80] In 2021, another political party, the Progress Party, was registered.

Criticism[]

Jersey's political system has often been criticised over the centuries, both within and without the island. The 'Jersey Way' is a term used in critiques to describe a political culture that enforces conformity, ignores perversion of the course of justice and supresses political dissent. The Tax Justice Network states the Jersey Way allows for the island's political system to be abused by financial services sector companies.^[81]

The Tax Justice Network criticises the political system for its absence of judicial independence (due to 'close relations between the legal and financial services' and 'the intimate relations between legal professionals who grew up together'); lack of second chamber in its parliament (for scrutiny purposes); no political parties; no formaised government and opposition and the lack of a wide range of independent news sources, or research capabilities.^[81]

Criticism of the political system is no modern development. In the nineteenth century, Abraham Le Cras was an outspoken new resident of the island. A retired colonel, Le Cras was opposed to Jersey's historic self-government and represented a group of people who not only thought Jersey should be integrated into England fully, but disputed the right of the States to even make its own laws. He is noted as saying 'The States have no more power to make laws for Jersey than I have'. In 1840 he won a court case challenging the States' ability to naturalise people as citizens. The Privy Council determined that the long-standing precedent of the States doing so had been invalidated since Jersey had been ruled under civil law since 1771. In 1846, he persuaded the MP for Bath to push for a Parliamentary Committee to enquire into the law of Jersey, however HM Government instead promised a Royal Commission. The Commission advised the abolition of the Royal Court run by the Jurats and the replacement of it with three Crown-appointed judges and the introduction of a paid police force. Le Cras left the island to live in England in 1850.^[82]: 247

Local government[]

Jersey is divided into twelve administrative districts known as parishes. All have access to the sea and are named after the saints to whom their ancient parish churches are dedicated.

The parishes of Jersey are further divided into vingtaines (or, in St. Ouen, cueillettes), divisions which are historic and nowadays mostly used for purposes of electoral constituency in municipal elections. These elections are held to elect the members of the Parish municipality. Each parish has an Honorary Police force of elected, unpaid civilians who exercise police and prosecution powers.

Jersey politicians[]

Separation debate[]

The separation issue came up in the House of Commons in a debate on Jersey's constitution in 1969. According to Sir Cyril Black, Member of Parliament for Wimbledon, Jersey was on the verge of declaring independence from the British Government after the Queen's speech stated HM Government would examine the relationships with the Channel Islands. Jersey opposed its inclusion in the Royal Commission on the Constitution and the complete lack of consultation surrounding it. The Home Secretary later stated that there was no intention to change the relationship.^[83]

The question of Jersey's independence has been discussed from time to time in the States Assembly. In 1999, a member of the government said that 'Independence is an option open to the Island if the circumstances should justify this' but the government 'does not believe independence is appropriate in the present circumstances and does not see the circumstances arising in the foreseeable future when it would be appropriate'.^[84] In 2000, Senator Paul Le Claire called for a referendum on independence, a proposal which failed to win any significant support.^[85][86][87]

The Policy and Resources Committee of the States of Jersey established the Constitutional Review Group in July 2005, chaired by Sir Philip Bailhache, with terms of reference 'to conduct a review and evaluation of the potential advantages and disadvantages for Jersey in seeking independence from the United Kingdom or other incremental change in the constitutional relationship, while retaining the Queen as Head of State'.

Proposals for Jersey independence have subsequently been discussed at an international conference held in Jersey, organised by the Jersey and Guernsey Law Review.^[88] The former Bailiff, Sir Philip Bailhache has called for changes to the Channel Islands' relationship with the United Kingdom government, arguing that 'at the very least, we should be ready for independence if we are placed in a position where that course was the only sensible option'.^[89]

In October 2012 the Council of Ministers issued a "Common policy for external relations"^[90] that set out a number of principles for the conduct of external relations in accordance with existing undertakings and agreements. This document noted that Jersey "is a self-governing, democratic country with the power of self-determination" and "that it is not Government policy to seek independence from the United Kingdom, but rather to ensure that Jersey is prepared if it were in the best interests of Islanders to do so". On the basis of the established principles the Council of Ministers decided to "ensure that Jersey is prepared for external change that may affect the Island's formal relationship with the United Kingdom and/or European Union".

Constitutional Review Group report[]

The Group's Second Interim Report was presented to the States by the Council of Ministers in June 2008.^[91] The report made a number of recommendations about Jersey independence, including the benefits and costs of independence and the social and cultural consequences. The island would need to be recognised as a sovereign state on a country by country basis. The report concluded that 'Jersey is equipped to face the challenges of independence' but 'whether those steps should be taken is not within the remit of this paper'.

At present the island is protected by the British Armed Forces. Upon independence the island would need to develop its own capacity to entirely handle defensive and security affairs. It established that Jersey could seek membership of a defensive alliance (e.g. NATO); negotiate a defence agreement with a sovereign state (e.g. the UK) - San Marino, for example have a defence agreement with Italy that cost 700,000 USD in 2000/01 - or establish an independent defence force (in a similar manner to Antingua and Barbuda, which spends around £2.5 million). Furthermore, it is unlikely that any major European power would allow the island to be invaded, but the island could not feasibly protect itself from a major external threat without securing defensive agreements.

Independence would require the establishment of a Foreign Affairs Department within the Government of Jersey, or other similar steps. At present, the island's international affairs are formally goverened by the UK Government. The report recommended the island join 'essential' global organisations, such as the UN and IMF; the Commonwealth and the WTO. At the time, independence would have brought an end to Jersey's relationship with the EU, which was mediated through the UK's accession treaty protocol 3. The report suggests a minimum requirement of the establishment of three overseas missions: London, New York and Brussels (the Government has an office in London and shares an office in Brussels already), to provide contact with major organisations such as the Commonwealth, UN and EU, as well as the UK, US and EU, and also to allow use of them for tourism and trade-related purposes.

Consideration would need to be given to the questions of the internal organisation of Jersey's constitution, as well as citizenship and passports. The report assumes the Queen would continue to be the Head of State, appointing a Governor General on the advice of the British Government. The report recommended the need for a codified constitution, which should contain a basic human rights statement. The current States Assembly could be replaced by a States Parliament, which would need to replace the checks and balances provided by the Privy Council.

Political pressure groups[]

Jersey, as a polity predominated by independents has always had a number of pressure groups. Many ad-hoc lobby groups form in response to a single issue and then dissolve once the concerns have been dealt with. However, there are a number of pressure groups actively working to influence government decisions on a number of issues. For example, in 2012 the National Trust engaged in pressure campaign against development of the Plemont headland. The Trust was supported by the majority of the islands senior politicians, including the Chief Minister, but a proposition made in the States of Jersey for the States to compulsorily purchase the headland and sell it to the Trust was defeated in a vote on 13 December 2012. The outcome of the vote was 24 in favour of acquisition, 25 against, with one absent and one declaring an interest.

Interest Groups[]

The following groups are funded by their members.

• Royal Jersey Agricultural and Horticultural Society^[92]
• ^[93]
• Progress Jersey^[94]
• ^[95]
• Société Jersiaise
• Alliance Française, Jersey branch
• Attac, Jersey Branch^[96]
• National Trust for Jersey

This list is incomplete; you can help by . (August 2008)

Quangos[]

The following groups are, at least, partially funded by government. Appointments are made by the States Assembly.

• Jersey Legal Information Board
• Jersey Development Company (formerly Jersey Waterfront Enterprise Board)^[97]

This list is incomplete; you can help by . (August 2008)

See also[]

• Law of Jersey

References[]

Bibliography[]

• Balleine's History of Jersey, Marguerite Syvret and Joan Stevens (1998) ISBN 1-86077-065-7
• Bailhache, Philip (3 October 2011). "Jersey Law - Jersey Law Review - October 1999 - The Cry For Constitutional Reform- A Perspective From The Office Of Bailiff". Archived from the original on 3 October 2011. Retrieved 21 April 2019.
• The Constitution of Jersey, Roy Le Herissier
• Constitutional History of Jersey, F. de L. Bois, 1972

External links[]

• States of Jersey Assembly
• States of Jersey government
• States of Jersey Scrutiny