Propositions Coming Up – Part 1

Propositions Coming Up – Part 1 

Propositions coming up may be new ones, as that lodged by Jeremy Macon, or one proposed by former members who are no longer members of the present assembly, or by members by virtue of their office (as Ministers) who may no longer hold that office.

According to the Greffier, if brought by a member who is no longer a member of the States, they will have fallen away. If, however, they were brought by a former Minister who may or may not be a member of the States, the new incumbent of that office can propose them, or propose them with amendments, or withdraw them, or withdraw and reissue in a different form more preferable to the Minister and new Council of Ministers.

The really weird scenario would where a proposition was lodged by a former Minister who is now part or head of a Scrutiny panel tasked with examining that legislation. Presumably in that case the Scrutiny member would recuse themselves. However that hasn’t happened yet.

All this is unlike the UK and many other jurisdictions, where propositions not brought before parliament is dissolved just fall away as out of time.

It is also interesting to note that many propositions state:

“Collective responsibility under Standing Order 21(3A): The Council of Ministers has a single policy position on this proposition, and as such, all Ministers, and the Assistant Minister for Home Affairs, are bound by the principle of collective responsibility to support the proposition”

But of course, they are no longer bound in that way, having given up Collective responsibility!

Here is a list of propositions, many of which were brought by Ministers who are no longer in office or in the States, and my notes on whether they will remain.

Propositions in June – Part 1

Proposition: La Route de St. Aubin: installation of Pedestrian Crossings and reduction of speed limit Reference: P.68/2018
Deputy M.R. Higgins of St. Helier

Proposition: La Route de St. Aubin: installation of Pedestrian Crossings and reduction of speed limit (P.68/2018) – comments Reference: P.68/2018(Com)
by the Minister for Infrastructure

“The normal process for the new crossings would be to carry out a review of the proposal, and then any recommended engineering interventions would be included in the Autumn 2018 budget prioritisation process, to potentially be included in the 2019 programme. This ensures that both staff resources and funding are available at the right time to deliver schemes, which can often take more than a year to develop, consult, review and implement.”

“There is currently no staff resource or funding available to implement the 4 new crossings. Staff resource is available to review the request and include any engineering interventions in the Autumn prioritisation; this prioritisation process will then allocate appropriate funding and staff resources for implementation in a future year. As stated above, any decision to fast-track these crossings and construct them in 2018 could impact on current schemes to a greater value than the cost of the 4 new crossings.”

“Funding and staff resources are available to work with the Parish of St. Helier to review speed limits in the remainder of the Parish, including La Route de St. Aubin, and implement any changes by the end of 2019 at the latest.”

My Notes: Proposition brought by Eddie Noel to delay it because it would fast-track ahead of other planned and budgeted work. That is unlikely to have changed, so most probably Kevin Lewis will follow the stance of his predecessor.

Proposition: Draft Explosives (Amendment) (Jersey) Law 201- Reference: P.38/2018 by the Minister for Home Affairs

“...improved and more robust Regulations for fireworks should be established, under the primary Law, in order to exercise control over their type, amount, storage, transport and use, similar to arrangements already in existence elsewhere in the British Isles.”

My Notes: Nothing controversial there. Very likely that Len Norman will bring in Kristina Moore’s proposition.

Proposition: Draft Armed Forces (Offences and Jurisdiction) (Jersey) Law 2017 (Appointed Day) Act 201- Reference: P.39/2018 by the Minister for Home Affairs

“Subject to the agreement of the Assembly, it is proposed that the Regulations come into force, and the Law is brought into force by this Appointed Day Act, on 30th June 2018, which Members will note is Armed Forces Day”

My Notes: Appointed day acts simply bring in legislation that has already been voted in. It is highly unlikely that it would be the subject of debate, although that has happened at least twice before. In this case, there is nothing controversial. Len Norman will bring in Kristina Moore’s proposition.

Proposition: Draft Armed Forces (Vehicles and Roads – Amendments) (Jersey) Regulations 201- Reference: P.40/2018 by the Minister for Home Affairs

Proposition: Draft Armed Forces (Vehicles and Roads – Amendments) (Jersey) Regulations 201- (P.40/2018): comments Reference: P.40/2018(Com)
by the Education and Home Affairs Scrutiny Panel - supporting

My Notes: Nothing controversial there. Len Norman will bring in Kristina Moore’s proposition.

Proposition: Draft Access to Justice (Jersey) Law 201- Reference: P.50/2018 by the Chief Minister

“improve access to justice by establishing, for the first time, a legislative basis for legal aid in Jersey”

My Notes: I can’t see that John Le Fondre would reject Ian Gorst’s proposition, so it is likely he will propose it.

Proposition: Draft International Co-operation (Protection from Liability) (Jersey) Law 201- Reference: P.54/2018 by the Chief Minister

”protect public authorities in Jersey against claims for costs, damages or consequential losses when acting in matters of international assistance”

My Notes: I can’t see that John Le Fondre would reject Ian Gorst’s proposition, so it is likely he will propose it.

Proposition: Draft The Law Society of Jersey (Amendment No. 4) Law 2017 (Appointed Day) Act 201- Reference: P.58/2018 by the Chief Minister

My Notes: Appointed day acts simply bring in legislation that has already been voted in. It is highly unlikely that it would be the subject of debate.

Proposition: Draft Companies (Demerger) (Jersey) Regulations 201- Reference: P.59/2018 by the Chief Minister

My Notes: I can’t see that John Le Fondre would reject Ian Gorst’s proposition, so it is likely he will propose it.

Proposition: Ratification of the Agreement and Exchange of Letters for the Exchange of Information Relating to Tax Matters between the Government of Jersey and the Kingdom of Spain Reference: P.60/2018 by the Minister for External Relations

My Notes: I can’t see that Ian Gorst would reject Sir Philip Bailhache’s proposition, so it is likely he will propose it.

Proposition: Pedestrian Crossing outside La Moye School: petition Reference: P.61/2018 by Deputy M. Tadier of St. Brelade

“to request the Minister for Infrastructure to take the steps necessary to ensure that a pedestrian crossing is installed outside the entrance to La Moye School before 1st September 2018.”

Proposition: Pedestrian Crossing outside La Moye School: petition (P.61/2018): amendment Reference: P.61/2018(Amd)
by the Minister for Infrastructure

“For the words “1st September 2018”, substitute the words “1st September 2019”.”

“La Moye School has an effective crossing patrol, and there is no road safety evidence that could justify promoting this project ahead of those crossings already planned for 2018; such as, for example, the Longueville Road, the pedestrian refuge on Route du Fort, or outside the Janvrin Road Nursery School, in favour of this project.”

My Notes: Proposition brought by Eddie Noel to delay it because it would fast-track ahead of other planned and budgeted work. That is unlikely to have changed, so most probably Kevin Lewis will follow the stance of his predecessor.