Request
A
What restrictions are there, if any, that prohibit people with semi-severe Mental Health conditions that would affect their decision making abilities and interaction with other States Members standing for election?
B
Has there ever been a request made to a Doctor to asses a potential candidate's Mental Health whilst they were standing for election?
C
What internal provisions are in place should an existing States Member's Mental Health deteriorate to such an extent that their decision making or work ethic becomes a concern?
D
What procedures are in place, if any, should a Member of the Public become concerned about a States Member's Mental Health and their abilities to function to their full potential on behalf of the Electorate?
Response
A
Articles 8(1)(c) to (e) of the States of Jersey Law 2005 provide for the disqualification for office as Senator or Deputy if that person:
- (c) is compulsorily detained or subject to a guardianship order under the Mental Health (Jersey) Law 1969
- (d) has a curator of his or her person or property
- (e) has an attorney without whom he or she may not act in matters movable or immovable
The election of Connétables is administered under the Connétables (Jersey) Law 2008. There are currently no equivalent restrictions in statute for the disqualification of a person seeking election as a Connétable. The Privileges and Procedures Committee is currently working on the inclusion of such provisions within statute following the adoption by the States Assembly of part (a) of ‘States of Jersey Law 2005: proposed amendment – States Members’ qualifications for election’ (P.138/2016). However, in customary law the Royal Court currently exercises a supervisory jurisdiction over the election of Connétables. The Royal Court is therefore able to hear applications to disqualify a Connétable from office on the grounds that they are not a fit and proper person to perform their Parish duties.
B
This information is not held.
C and D
All States members must comply with the Code of Conduct for Elected Members set out in Schedule 3 of the Standing Orders of the States of Jersey. If a person is concerned that a States member has breached the Code of Conduct they can complain to the Privileges and Procedures Committee as set out in Standing Order 156 of the Standing Orders of the States of Jersey.
Please find below links to the legislation referred to in this response:
States of Jersey Law 2005
Connétables (Jersey) Law 2008
Standing Orders of the States of Jersey
This response has been issued on behalf of the States Greffe. The States Greffe is responsible for the information held by (and on behalf of) both itself and the States Assembly. Neither the States Assembly nor the States Greffe form part of the Government of Jersey and the Government was not involved either in the examination and retrieval of any information required for this response, nor in the drafting of the response itself.
