Political party applications (FOI)

Request

Is the Greffier in the process of approving any political party applications?

Response

The Judicial Greffier has no decision-making role in the approval of an application to register a political party. We have considered the request to refer to the process by which a political party is added to the Register of Political Parties by order of the Royal Court.

The Political Parties (Registration) (Jersey) Law 2008 (jerseylaw.je) provides for the registration of political parties:

Political Parties (Registration) (Jersey) Law 2008

Article 4 of the law provides that an application for registration may be made by a prospective political party to the Royal Court. The Judicial Greffier under Article 5 delivers a copy of the application for registration to the Attorney General who subsequently informs the Court whether, in his or her opinion, the application is compliant with the law. Having formed its own opinion, the Royal Court decides to order or to refuse to order the registration of the party. Article 6 requires the Judicial Greffier to maintain a Register of Political Parties recording the decision of the Royal Court.

The decision of the Royal Court is made in a hearing open to the public and the Register of Political Parties is open to public inspection as required by Article 11 of the law.

As allowed under Article 10(2) of the Freedom of Information (Jersey) Law 2011 we neither confirm nor deny whether any applications are in process prior to consideration by the Royal Court.

Article applied

Article 10 Obligation of scheduled public authority to confirm or deny holding information

(1) Subject to paragraph (2), if –

(a) a person makes a request for information to a scheduled public authority; and

(b) the authority does not hold the information,

it must inform the applicant accordingly.

(2) If a person makes a request for information to a scheduled public authority and –

(a) the information is absolutely exempt information or qualified exempt information; or

(b) if the authority does not hold the information, the information would be absolutely exempt information or qualified exempt information if it had held it,

the authority may refuse to inform the applicant whether or not it holds the information if it is satisfied that, in all the circumstances of the case, it is in the public interest to do so.

(3) If a scheduled public authority so refuses –

(a) it shall be taken for the purpose of this Law to have refused to supply the information requested on the ground that it is absolutely exempt information; and

(b) it need not inform the applicant of the specific ground upon which it is refusing the request or, if the authority does not hold the information, the specific ground upon which it would have refused the request had it held the information.