'Moderniser' to stand for Jurat

Tim Kearsey (41) today announced his nomination for the position of Jurat

Jersey Cricketer, Tim Kearsey, has been nominated for the role of Jurat. The 41 year old,  who was born in Bristol, has been resident in Jersey for 22 years.

He graduated from Oxford Brookes University with a degree in Estate Management , then went on to gain a diploma in International Trust Management at Central Law Training, in Birmingham. He is currently studying part-time for an MBA with Exeter University, with a view to becoming a University Lecturer in the island.

His work background is in the finance Industry having worked for UBS, Barclays and Smith & Williamson.   

Mr Kearsey has served island sport for 20 years as a cricketer and hockey player, coaching and developing young persons for the majority of that time. 

He has recently returned from a trip to Uganda with the Charity Cricket without Boundaries, where he was part of a team training teachers and coaching children in basic cricket skills, as well as spreading the word on AIDS/HIV prevention.

'Service to the community is an integral part of what makes Jersey such a special place. Alongside my professional career development, I have always tried to give back to the community that has offered me such a good home. I have always been interested in the roles that Jurats play: it extends past simply work in the Royal Court, to the administration of elections as well as the Prison Board of Visitors. As such, Jurats are busy people, and the time they give is not always appreciated or understood by the wider community.'

But Mr Kearsey also said there was a need for the role of Jurat and the Courts to evolve if it were to stay relevant to the modern, cosmopolitan place that the island had become.

'There is a perception - not completely unjustified - that Jurats come from a very narrow demographic: they tend to be older/retired and from a certain background. This is understandable, as the demands of the job requires one to have a certain amount of free time. I am unusual in that I am only 41, but I am fortunate to be in a position to have the time, energy and wherewithal to offer myself for the job.'

'Many of the island's institutions are in need of urgent reform; we can no longer simply put Jersey's various anomalies down to a 'quaint' way of doing things. The roles of the Bailiff and - I would suggest - the Attorney General should be separated with immediate effect. We have had two reports by eminent panels - Clothier and Carswell - telling us quite clearly what needs to be done. 

We also need, I believe, an Independent Crown Prosecution, a Department for Justice, an Independent Prison Monitoring Board, which will allow lay members to serve on it, as well as a new appointments panel for all judicial appointments. This will not necessarily endear me to some of the more conservative elements of the Jersey Establishment, but change is already underway, and if elected, I would want to swim with the tide of change, not against it.'

'In providing justice to the island, I would give a high level of understanding to the importance of safeguarding and protecting young people.  Also, the importance of ensuring the island becomes a leading jurisdiction in ensuring organisations have frameworks to ensure that vulnerable and young people are protected.  This also requires recognition of rehabilitation and tougher sentencing on perpetrators of abuse within the community against all persons.  In all areas of law I would endorse empathic understanding and rehabilitation through the penal system and mental health system, which requires further support and resourcing.'

Mr Kearsey takes time out to relax with his friends in Uganda
after a hard week of Cricket coaching

Option A - the Fairest Way

As part of the series of posts on Reform, ahead of the referendumon 24 Apil I am pleased post this latest interview which summarises some of the arguments in favour of Option A.

The first video is a short. The full interview can be seen below.

Thanks go to the prodigious Tom Gruchy for providing the filming and uploading. 

Short Version

Full interview (10 minutes)

Option A: Clear. Fair. Simple.

Over the next few weeks, I will be making a series of posts on the referendum, to encourage people to vote, and to choose Option A on 24th April. Remember you have until Wed. 3rd April to register, if you are not currently on the roll. If you have recently moved house or have just completed 2 years in the island, it is worth checking your status. You can find more info HERE. 

I am pleased to reproduce below a very good letter by Grouville resident, Wayne Le Cuirot, who sets out a clear case for Option A as the only viable reform option on the table. 

The A Team is the official group campaigning for Option A
and is a coalition of groups and individuals from diverse backgrounds
and political persuasions who see fairness and democracy as fundamental to government reform.

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'The forthcoming referendum on our electoral system has seen the debate focus on the future role  of the Constables. I do feel it needs emphasising that Option A, while the fairest of the three alternatives, does also provide the opportunity for Constables to stand for the States  in the  six proposed districts. They would also still be head of their parochial system to which they would  have more time to devote towards if unelected to the chamber.

In the rural parishes a contested Constable's election is the exception rather than the rule, indeed in the last 'General Election' three quarters of the Constable  seats did not result in an election whilst in St Ouen the parish had its first such election  in over a hundred years. The  dual role of the Constables as head of each parish's honorary system together with being a States member means that most people do not feel comfortable standing for the role. Contesting an election against a sitting Constable is still seen in many quarters as a surprising thing to do and often intimated to be divisive and not in the interests of the parish. Consequently comparatively few   elections for the post are seen whilst few candidates of any calibre are prepared to put themselves forward. If there is a genuine desire for all States members to be regarded as equals, then the ability of people to stand for such a role should be so too. While it is difficult for a Constable to claim to have any more affinity for their parishioners than their colleagues on the Deputy benches it can be seen that the great majority of issues debated in the States legislature relate to issues for the  Island as a whole and any voting system must reflect this.

The interim report handed to each household by the Electoral Commission  states 'if the Constables are included in a system of large electoral districts, it will make inequality of representation even worse than under the present system.' This clearly indicates that any vote in favour of incorporating the separate position of the Constables into the new proposals  will end up with a system less representative of its people than before! In a world that is keeping ever closer eyes on the workings of this Island, an electoral system that results in 12/42 of the members being in a capacity that rarely faces a contested election will be seen as a move away from a fair and equal system rather than a reform towards one. In effect we would have Senators who face regular elections and an Island wide mandate being dropped altogether to be replaced by a system with a higher proportional representation for members who do not have either.

The  referendum on 24 April can be seen as a most important election which we should all participate in. It should not become a debate  dominated by those who have most to lose and which on election day the Constables' supporters turn out to keep them in the States while the large majority of the rest of the electorate  show their usual apathy and stay away from the polling booths. Consequently by default we will be left  idiotically with  a representative system that by the commission's own reasoning will be worse than the present one and does not meet the requirements of the Venice Convention.

So why is such an effort being made to keep the Constables in the States while the far more representative figures of the Senators are being removed with barely a word? A cynical interpretation could lie in the voting records of the Constables, three quarters of whose default setting appears to be the backing of the large majority of proposed legislation from the Council of Ministers.  Even if as a consequence of future changes the council were reduced by twenty percent to eight ministers, with the combination of the eight assistant ministers and the reliable support of eight Constables any future Council would secure an immediate inbuilt majority by securing 24 out of the 42 members which may be  seen as a recipe for poor government.

The problem of an improved electoral system for such a small Island is hardly a Gordian knot of intricacy. The simplest solution is surely Option A whereby all States members whether they be Deputies, Senators or Constables  stand in whichever of the six already devised constituencies they live in. Whoever gets the most votes gets elected, every elector will have seven directly elected representatives who they could contact whenever they required and that perhaps would be how anywhere else in the world would do it, even Guernsey has managed to follow a similar process with success surely it is not beyond the wit of this island to do the same.'

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If you interested in helping to campaign for Option A, then please contact christine@theATeam.org.je

Meet the 'A Team'

A campaign group called The A Team has been formed to vigorously promote “Option A” in the forthcoming referendum on constitutional reform, recommended by the Electoral Commission and endorsed by The States of Jersey last week when approving the Act establishing the Referendum.

Under Reform Option A: Parish Constables will no longer be members of the States; there will be 42 States members known as Deputies; there will be six large districts, each choosing seven Deputies.

 'Constables for the Parishes. Deputies for the States.'

“Under Option A, Constables will still be elected to lead their parish and will be able to put all their efforts into their parish role, rather than being obliged to split their time between the parish and the increasingly demanding work of a States member,” said Christine Vibert, the group’s secretary and spokesman. “It means that someone who wants to stand as Connétable to serve the parish is not forced to be a States Member if they don’t want to be. They can also stand for election as a Deputy at the General Election, but the choice is theirs.”

The campaigners believe that Option A is simple and clear. It has many benefits and in particular it:

• is the most democratic of the three options

• can increase voter participation

• can reinvigorate parish life

“We are very enthusiastic about the potential that Option A has to re-energise Jersey politics and resolve the democratic deficit that exists in our current system. We would like to hear from fellow supporters who would like to join The A Team.”

Anyone interested in joining and/or helping The A Team is asked to contact Christine Vibert christine@theATeam.org.je or telephone /text 07797 732558.

The referendum will be held on Wednesday 24th April. The last day to register for the electoral roll in your parish is noon on Wednesday 3rd April.

Electoral Reform Jersey: Which Parish?

Dear Reader,

You will hopefully be aware that the Jersey Electoral Commission has recently published its findings. I will give a detailed analysis of these in the next few days, but in the meantime, I am publishing a list (below) of the forthcoming public meetings, which start next week in each of the Parishes.

For Parishioners of St Brelade, the first meeting will be held this coming Tuesday at the Parish Hall. I had emailed the Commission asking them to hold it at Communicare, as this is more accessible for parking, would hold more people, and is in walking distance for most residents. However, they could not accommodate this wish.

For constituents of mine who live in St Brelade, and who may not have transport, please do not hesitate to contact me and I will arrange a lift. I have organised a minibus leaving from Communicare at 6:15, 6:30 and 6:45pm for residents of the area who may wish to attend.

For those of you who wish to be involved in  the campaign for positive, democratic reform, you may wish to join Reform Jersey. It's three simple principles for democratic reform have already been taken on board by the Commission, which goes to show what a good, positive campaign and lobbying can do.

For your information, the three basic principles are that:

Each States Member should represent the same number of people.

Each voter should have the same number of votes.

The system must be simple and user friendly.

Now, without further ado, here is the schedule for the meetings -

Date	Location	Time
Tuesday 6th November	St Brelade’s Parish Hall	7 pm
	St John’s Parish Hall	7 pm
Wednesday 7th November	St Helier Town Hall	7 pm
	Trinity Parish Hall	7 pm
Thursday 8th November	St Martin’s Public Hall	7 pm
	St Clement’s Parish Hall	7 pm
Tuesday 13th November	St Ouen’s Parish Hall	7 pm
	St Peter’s Parish Hall	7 pm
Wednesday 14th November	Grouville Parish Hall	7 pm
	St Mary’s Parish Hall	7 pm
Thursday 15th November	St Saviour’s Parish Hall	7 pm
	St Lawrence Parish Hall	7 pm

Jersey's Secret Party - Going Strong since 1948

Today I was interviewed by BBC radio Jersey as one of several political commentators on the 'various groupings' in the States and those contesting the elections. The interviews are due to be broadcast tomorrow morning. I do not know if the report will be an serious journalistic critique of the Jersey system and the covert parties or if it will be a collection of trite sound bites taken out of context, however, I was keen to impress on reporter Christie Tucker the need for analysis of Jersey's historical political context, especially since 1948.

The Elections of 1948 (put very simply)

The Jersey Elections of 1948 coincided with the biggest constitutional reforms that the States had seen since the foundation of the modern legislature in 1769. The jurats (who also sat in the Royal Court) were booted out of the States and replaced by 12 Senators, elected, then, for 9 year terms. They joined the 12 parish policemen (Constables) and the remainder of deputies. In that election there were two main parties contesting the election under the guise of the Jersey Democratic Movement and the Jersey Progressive Party. The Former was a leftist grouping and the latter representing a mixture of traditional conservatives and businessmen. At those elections, the JPP won an overwhelming majority, but when they seized power, the party was eventually disbanded and they all became 'independents'. 

However, the loyalty - to Capital - remained the unifying force. And it remains so to this day. (For a more in-depth and, no doubt, more accurate study of the elections see Tony's Musings)

How the Establishment Party Operate(d)

Since 1948 to the present day, the ruling elite of the island (commonly called 'the Establishment') have exploited the opaque nature of the Jersey system to their advantage. To the electorate there were two main problems with the system: (i) the fact that that not all seats were up for election at one time meant that a wholesale change of  government was impossible. Unpopular politicians could stay in power and managed to secure the tops jobs for themselves, whilst other candidates were running around fighting elections. This remains a problem still today, where since 2005 both Chief Ministers have been selected from those who have not been up for election. And both were arguably at the ebb of their already questionable popularity when they were selected. This looks set to be the case again for the next elections. (ii) The absence of political parties, and the hostility towards them which was in part manufactured and fueled by a complicit media (who make their revenue from the ads placed by the business community), meant that the public were and remain unable link their vote to any tangible policy direction. This suited the covert Establishment party who did not have to openly peddle their main  policies which revolved around running the island as a cosy club for the wealthy, at the expense of the working class - had they to do so they would never have succeeded. So it was that the Black and White Party were able to retain power for over six decades. 

Electoral Reform - 2010

In absolute terms, the electoral reforms of last year were anything but radical. However, the modest reforms - a single election day (this year for all-but- 6 senatorial seats and for ALL seats in 2014) was highly significant in breaking one of the electoral flaws that the Black and White Party managed to exploit so ruthlessly for decades. A general election was not good news. The counter-assault came by pouncing on the unpopular decision to 'reduce' the number of Senators from 12 to 8. If this happened, Jersey's perfect democratic model would collapse. Of course, the real reason they were so adamantly opposed to the move was that it would enable a real general election for the first time ever! in Jersey politics. However, they could not say this. So these States Members (Horsfall, Farnham, Cohen and Ozouf - to name a few), past and present - all fully signed up Party members - made last ditch attempts to reinstate the Senators (after all, for the poor country dwellers of Trinity and St Ouen, these were the only elections in which they got to vote!) reopening the debate not once, but twice and even petitioning the UK to stop the decision (dangerous territory) - all in the name of democracy. All now cried for the need for an electoral commission (not their idea) which could look at all these issues in a holistic way. What did not go unnoticed was that the same individuals did nothing to promote electoral reform. But the fight for Senators was not driven by a desire for democracy, but by the realisation that a general election would loosen their grip on power and bring the inevitability of formal party politics one step closer.

NEXT TIME - What the Black and White Party will do to 'get their boys in'.