Grumbles from the Pulpit: Constables, Resignations and the Law

 

I recently read this on Bailiwick Express

"The recently elected chairwoman of the Privileges and Procedures Committee, Deputy Carina Alves, outlined the potential process for replacing Mr Taylor. ‘We are expecting the court to direct that a by-election be held quite soon,’ she said. ‘He [Mr Taylor] remains a Constable, and hence a States Member, until the new person is sworn in. It is my understanding that this is because the Constable has responsibilities to his parish, which means the post cannot be vacant. This is different from Senators and Deputies, whose posts are vacant as soon as their resignation is announced.’"

I disagree – there is no reason why the law could not be amended so that the Constable leaves office on resigning. His responsibilities would simply be taken over by another Parish official, outside of his States duties.

In support of this, I would note that a bi-election was held for the Parish of Grouville after the sudden death, during his term of office, of Constable Dan Murphy.

Clearly in that instant the post was vacant until a successor was elected – (which was in fact a contested election). So all that is needed is to change the law so that an election is held on a resignation of the existing Constable.

[Extra note: since writing this, Deputy Alves has issued a press statement:

The judgement comments on some discrepancies between the States of Jersey Law and the Connetables Law. PPC is already reviewing the law in this area and will study this complex judgement and will bring forward changes if they are needed]

As far as Parish duties are concerned, in the absence or incapacity of a Constable, their Parish duties devolve to the Procureur. This could equally apply on the resignation of a Constable.

https://www.jerseylaw.je/laws/revised/Pages/23.080.aspx#_Toc397428658

It should be noted that since 1998, the law relating to elections for Procureurs du Bien Public has been changed so as to require a public election – as opposed to an election merely by the Parish Assembly – to be held if the position is contested.

Article 5 duly provides for the senior Procureur to deputise for the Connétable in the latter’s incapacity (inability to discharge the functions of office) or absence from Jersey; but it also provides for such deputisation whilst there is a vacancy in the office of Connétable.

The law also notes that for a Constable, “an inability to discharge the functions of office means an inability for any reason, be it illness, injury or otherwise.”. I would have thought that being found guilty and told to resign would come under "or otherwise".

And finally... the law regarding the Constables not leaving office when they resign has been in place for ages, and some of the States members - not Deputy Alves, who is a new States member - have been in the States for some considerable time. 

One Deputy has been in the States since 2008, and yet has not seen fit to bring any proposition to correct this anomaly. It seems very slack that they have simply not bothered to look at this before. 

The simplest solution is for PPC to amend the law and close the loophole.

I would also note that no one has sought to change the position regarding Crown appointments either, despite the fact that a relief Magistrate was found guilty in the Royal Court and sentenced to prison, and yet still was allowed to retain his position and salary because there was no fast-track mechanism for removing him.