Jersey Political Parties - and the New Law controlling them

http://www.jerseylaw.je/Law/display.aspx?url=LawsAdopted/Political_Parties_(Registration)_(Jersey)_Law_200-.htm

Are you aware that there is legislation in the pipeline regarding political parties in Jersey?

How it applies to loose coalitions of like minded people, I do not know. In fact, it is hard to see how loose coalitions on single issues (such as removal of GST from food) would constitute a political party.

But it seems to me that it is designed both to regulate against mismanagement, and to control the political process.

I think who ever drew it up should be referred to a therapist for counselling, as judging from its contents, they have serious psychological hang-ups on control issues.

Note, in particular, the following:

The party must have a name that does not exceed 6 words.

So no "Monster Raving Loony Jersey Party" then! Amazing that Britain allows such names, but Jersey is bent on controlling the names so much that they cannot allow it. The name must be vetted for approval too, just in case the powers that be do not like it. I cannot think of any restrictions quite as controlling as this in the UK.

The party must have a written constitution, one of the expressed objectives of which must be the endorsement of candidates for election as Senator, Deputy or Connétable.

Incredible that Jersey does not have a written constitution, but political parties must have. Incidentally, it suffers a charge of £1 per page in photocopying charges as part of the registration process; I suggest anyone submitting one uses Arial, 8 point or smaller.

The party must keep accounts.

A sensible measure against mismanagement, but why should parties have more restrictions than individuals? If parties can mismanage political expenses, so can individuals, especially with election spending? And is there enough of a "Chinese wall" to ensure that those opposed to the party cannot see all the details of the accounts?

Note, too that the registration of the party requires a fee to be paid.

A registered political party must not use or otherwise hold itself out as known by any name, or abbreviation of its name, other than the name or abbreviation (if any) that is registered for it.

Quite how the Conservative Party - otherwise known popularly as the Tory Party - or the Liberal Democrats - LibDems - would deal with this if it was in place in the UK is unknown. It seems a draconian measure invoked to restrict what parties are called, and ignores the way in which the public may well invent their own abbreviations which will become part of the common discourse. It reminds me more than anything else of how some French purists tried to stop the importation of loan words into French. It is, I think, completely unworkable. If the public discourse uses a nickname, there is a prohibition on the party using the self-same nickname? Sheer, unworkable madness, that could only come from a legal mind totally divorced from the realities of living in the real world.

The application must be signed by not less than 20 persons.

So much for the "Gang of Four" who broke away from the Labour party (David Own, Shirley Williams, Bill Rogers, Roy Jenkins)! Obviously this is a measure to stop Darius Pearce with his almost one-man "Jersey Conservative Party", but it seems unduly restrictive.

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Selected parts of the Law for your perusal:

A LAW to provide for the registration of political parties who wish to endorse candidates for election as a Senator, Deputy or Connétable, and for connected purposes

2 Requirements for political party to be registered

(1) A political party may only be registered if it complies with this Article.

(2) The party must have a name that does not exceed 6 words.

(3) The name of the party, and any abbreviation of the name and any emblem of the party, must not be –

(a) offensive, obscene or otherwise inappropriate; or

(b) either identical to, or of sufficient similarity that it may be confused with, the name, abbreviation or emblem of any other organization.

(4) The party must have 3 officeholders, being the leader, treasurer and secretary.

(5) A person may hold 2 of the offices described in paragraph (4), but not all 3.

(6) A person cannot hold any office described in paragraph (4) unless he or she is registered as an elector under the 2002 Law.

(7) The party must have an address in Jersey to which communications intended for the party may be sent.

(8) The party must have a written constitution, one of the expressed objectives of which must be the endorsement of candidates for election as Senator, Deputy or Connétable.

(9) The party must keep accounts.

(10) The party must have an accounting period that does not exceed 12 months.

(11) The States may by Regulations amend, or make provision in addition to, paragraphs (2) and (3) regarding the restrictions on the name of a political party.

3 Restriction on name and emblem used by registered political party

(1) A registered political party must not use or otherwise hold itself out as known by any name, or abbreviation of its name, other than the name or abbreviation (if any) that is registered for it.

(2) A registered political party must not use or otherwise hold itself out as associated with any emblem other than the emblem (if any) that is registered for it.

4 Application for registration of political party

(1) An application for registration of a political party may be made to the Court, in accordance with this Article.

(2) An application must contain –

(a) the full name of the party and the abbreviation (if any) of that name;

(b) the emblem, if any, of the party;

(c) an address, in Jersey, for the purposes of Article 2(7);

(d) the full names of the leader, treasurer and secretary of the party.

(3) An application must be accompanied by –

(a) a copy of the party's constitution;

(b) a copy of the party's most recent statement of accounts;

(c) the fee payable for the application.

(4) The application must be signed by not less than 20 persons.

(5) A person can only sign an application if he or she is registered as an elector under the 2002 Law.

(6) The States may by Regulations amend, in paragraph (4), the number of persons who must sign the application.

5 Consideration of application for registration of political party

(1) The Greffier shall deliver to the Attorney General a copy of an application for registration of a political party.

(2) The Attorney General shall inform the Court whether, in his or her opinion, the party complies with Article 2 and the application complies with Article 4.

(3) The Court shall refuse to order the registration of a political party if the Court is of the opinion that the party does not comply with Article 2 or that the application does not comply with Article 4.

9 Accounts to be filed

(1) A statement of accounts in respect of an accounting period of a registered political party must be delivered to the Greffier within the period of 3 months following the end of the accounting period.

(2) The States may, by Regulations, amend the period within which the statement must be delivered, mentioned in paragraph (1).

13 Stamp Duties and Fees (Jersey) Law 1998 amended

In Part 1 of the Schedule to the Stamp Duties and Fees (Jersey) Law 1998, after item 32 there shall be inserted the following item –

"32A.	POLITICAL PARTIES (REGISTRATION) (JERSEY) LAW 200-
(a)	Application for registration of political party	£50	Application	Greffier
(b)	Application to change name or abbreviation of name of a registered political party or to register or change the emblem of a registered political party	£50	Application	Greffier
(c)	Copy of constitution or statement of accounts, per page	£1	Application	Greffier".