Visitors to the States Chamber - a guide

Introduction

Visitors to the Public Gallery of the States Chamber are most welcome. You are requested to be as quiet as possible when entering or leaving the Gallery. Interjections, applause or other noise are not permitted in the Gallery and you may not take photographs or make recordings of the proceedings. Standing Orders governing the admission of visitors to the precints of the States Chamber are displayed at the entrance to the Public Gallery The following notes and information are designed to assist visitors in understanding some of the history of the States Assembly and in following its procedures.

 
 
History

The Assembly of the States of Jersey originates from the Royal Court as the result of the Bailiff and Jurats consulting together with the Rectors and Constables of the parishes in times of emergency. What started during the middle of the XVth century as an occasional practice, became established custom until the States developed an independent existence of their own. The title "The States", representing the Three Estates (which, in Jersey, was held to be the Courts, the Church and the People) first appeared in a deed dated 27 October 1497, and the records of Acts of the States date from 1524.

From the middle of the XVIIth century the States was comprised of the Bailiff, the Governor, 12 Jurats, the 12 parish Rectors, the 12 parish Constables, the Crown Officers, the Viscount and one of the two Denonciateurs. The first mention of Committees charged with specific administrative responsibilities occurs in the mid-XVIIth Century and the first Minute Book is that of the Piers and Harbours Committee dated 1669.

The Royal Court continued to make Ordinances concurrently with the States until 1771, when an Order of the Privy Council approved the Code of Laws drawn up by the States. The same Order finally constituted the States as the Island's sole legislature.  

The composition of the States remained unchanged until 1856, when 14 elected Deputies were added (one from each country parish and three from St Helier). In 1907 the number of St Helier Deputies increased to six and the parish was divided into three electoral districts. The most radical change in the composition of the States Assembly occurred in 1948 following a report of a Privy Council Commission, when the Jurats and Rectors ceased to be members of the States Assembly. However, the Church continues to be represented by the Dean of Jersey. A new type of member, called Senator, was introduced (originally elected for nine years but reduced to six years in 1966) and the number of Deputies was increased.

Members of The States

The present constitution of the States is the Bailiff, the Lieutenant-Governor, 12 Senators, 12 parish Constables, 29 Deputies, the Dean of Jersey, the Attorney General and the Solicitor General. The Bailiff, who is appointed by the Crown, is the President of the Assembly and acts as its Speaker. He is also President of the Royal Court. While he has no political power, he has the right of speech, which is traditionally only exercised for the purpose of ensuring orderly debate. Since December 2005 he has no casting vote and if a vote is tied the proposition is deemed to be rejected. There is also a Deputy Bailiff, who acts in the Bailiff's absence.

 

The Lieutenant-Governor, as the resident representative of the Crown, attends the States on occasions but takes no part in debates.

The Attorney General and the Solicitor General are the Law Officers of the Crown and are appointed by the Crown. They have the right to speak but not to vote. Points of law raised in debate are often referred to them for explanation and clarification.

The Dean of Jersey says prayers at the start of each meeting. He has a right to speak but not to vote.

Senators. Six Senators are elected in October every three years for a term of six years by an all Island franchise.

Constables (or Connétables). The Constables are elected for a three-year term on a parish franchise. Elections occur at the end of the previous term of office. Over the years the election dates have become irregular and do not coincide with the regular elections for Senators and Deputies.

Deputies are all elected in November every three years on a parish or district franchise.

The Island does not have a formal party political system, although political parties are not precluded. Members are elected as individuals on their personal record and beliefs.

The officers of the States are the Greffier of the States (clerk of the States), the Deputy Greffier (clerk assistant) and the Viscount, who is the executive officer of the States.
 
 
The Government of Jersey

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

 
The government of Jersey is conducted by -

• the Assembly of the States
• a Council of Ministers led by a Chief Minister

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

The principal functions of the States are -

• to pass Laws (which require the sanction of Her Majesty in Privy Council) and regulations on all domestic matters.
• to approve an annual budget of public expenditure.
• to determine policy on propositions presented by Ministers or individual members.
• to debate issues of public importance
• to represent the people of Jersey

The day to day business of government in the Island is conducted by Ministers individual areas of responsibility supported by a civil service and other staff.

The Council of Ministers is composed as follows -

• Chief Minister
• Minister for Economic Development
• Minister for Education, Sport and Culture
• Minister for Health and Social Services
• Minister for Home Affairs
• Minister for Housing
• Minister for Planning and Environment
• Minister for Social Security
• Minister for Transport and Technical Services
• Minister for Treasury and Resources

The Ministers are assisted by a number of Assistant Ministers. The Executive is held to account by a Public Accounts Committee and 4 scrutiny panels (Corporate Services, Economic Affairs, Social Affairs and Environment). The PAC and the scrutiny panels are appointed by the States and can hold reviews (including public hearings) into any topic falling within their terms of reference.

Proceedings of the States

The States meet on alternate Tuesdays through the year with additional meetings arranged as and when required. Although proceedings are mostly conducted in English, some French is used, and members may address the Assembly in French if they wish.

At the start of each meeting, the Bailiff enters the Chamber in procession preceded by the Mace, which is carried by the Viscount or Deputy Viscount, and accompanied by the Greffier of the States or the Deputy Greffier of the States.

After the Bailiff has taken his seat the Greffier of the States calls the roll call of members in order of seniority and they respond in French. The Dean of Jersey, who is chaplain of the Assembly, leads the prayers, which are said in French, ending with The Lord's Prayer.

The roll call is completed, at which time a member may be declared 'absent de l'île' if he is out of the Island on States business; 'malade' if he is ill and another member swears that his presence would be injurious to his health; or declared 'en defaut' (in default) by the Bailiff if he is not present and does not have a valid reason. 27 elected members constitute a quorum.

After Question Time, when members can ask questions of Ministers or of other members with an official responsibility, the States move to 'Public Business'. This is when propositions (or "projets") presented by Ministers or individual members are discussed and decisions reached.

Business propositions and legislation

("projets de loi" - Laws, or "projets des réglements" - Regulations).

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

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

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

Conduct

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

Senators are referred to by name - Senator X

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

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

The States Chamber

The States Chamber was inaugurated on Tuesday 21 June 1887, when the States met to vote a loyal address to Her Majesty Queen Victoria on the Golden Jubilee of her accession to the throne, some 11 years after it was first mooted that the States should have its own States Room, separate from the Royal Court.

The President's seat is seven inches higher than that of the Lieutenant-Governor and 14 inches higher than those of the States members.

The Banner of Arms of the Sovereign that hangs over the Presidential dais is of the same heraldic significance (three gold leopards on a red ground) as those on the Public Seal granted to the Bailiwick of Jersey by King Edward I in 1279. It was placed in this position on the occasion of the visit of HM King George V and Queen Mary in 1921.

The Royal Mace of the Bailiff of Jersey

The Royal Mace is carried before the Bailiff at the sittings of the Royal Court and meetings of the Assembly of the States of Jersey. It was presented by King Charles II to Jersey on 28 November 1663 in gratitude for the hospitality he received from the Island on two occasions during his years in exile. The mace is one of the great maces of 17th century. It consists of 11 pieces, made of silver gilt, is 4 ft 9 ½ inches long, weighs 237 ounces (14lb, 13oz) and bears no hallmarks. Engraved on the foot knop is a Latin inscription, which translated reads- "Not all doth he deem worthy of such a reward. Charles II, King of Great Britain, France and Ireland, as a proof of his royal affection towards the Isle of Jersey (in which be has been twice received in safety when he was excluded from the remainder of his dominions) has willed that this Royal Mace should be consecrated to posterity and has ordered that hereafter it shall be carried before the Bailiffs, in perpetual remembrance of their fidelity not only to his august father Charles I but to His Majesty during the fury of the civil wars, when the Island was maintained by the il1ustrious Philip and George de Carteret, Knights, Bailiffs and Governors of the said Island".

At the sittings of the Royal Court and meetings of the States, the Mace is placed standing upright in a socket in front of the Bailiff's desk.

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