The Assembly reconvenes three days
later to appoint Ministers. The newly appointed Chief Minister sets out a list of nominations for the nine ministerial posts; but it is then open to any Member of the States, without notice, to nominate alternatives. If alternative nominations are made
for a particular ministerial position, a ballot or ballots are held. In a largely non-party political system
there is no guarantee that the Ministers appointed will be the Chief Minister's nominees and the Chief Minister may therefore have to work with one or more Ministers who were not his preferred nominees. After their appointment, Ministers
cannot be dismissed by the Chief Minister alone; they can only be removed from office by the States. After the appointment of Ministers the
Assembly appoints the Chairmen of the five scrutiny panels, the Public Accounts Committee and the Privileges and Procedures Committee (this Committee is responsible for matters such as the procedures and operation of the Assembly, Members' facilities, the code of conduct for elected Members and Members' remuneration). These positions are open to all
Members who are not Ministers and nominations are made by any Member of the States with a ballot or ballots being held to select a Chairman if there is more than one nomination for a particular position. At the third meeting after the
elections, the Chairmen who have been appointed nominate the Members of their panels and committees. Any Member of the States is free to propose alternative nominations and a simple first-past-the- post ballot is held if there are more
nominations than the number of places available.
Role of individual Members When Ministers present propositions to the States Assembly for approval, their proposals are subject to the scrutiny of the other Members in open debate. In addition, there are very few procedural restrictions on individual States Members bringing propositions to the Assembly for debate and Members have significantly more opportunities to pursue cases than in many other Commonwealth Parliaments. They may also submit an unlimited
number of written questions for each meeting, table up to two oral questions with notice and ask questions without notice during each meeting. Individual Members may also present
petitions on behalf of constituents and seek a debate on the subject matter of the petition.
Pros and cons Before December 2005, government in Jersey was organized on a committee basis and all 53 elected Members were able to serve on one or more of the 14 committees that existed at that time. Committees covered every area of government activity in Jersey and each one consisted of a President and between four and six other Members. Through their work on committees, all States Members could participate in executive decision-making in a particular area. The introduction of the ministerial/scrutiny system in December 2005 has, for the first time, led to a clear distinction between those Members who are appointed to the executive and those who are not.
32 The Parliamentarian 2008/Issue One - Jersey
Nevertheless, as set out above, the
Assembly as a whole retains wide- ranging powers in addition to the traditional functions of a Legislature, one the most significant of which is undoubtedly the power to appoint and dismiss Ministers. After only two and a half years it is
probably too early to pass a definitive judgement on the operation of the new system of government, although in a recent review of the new system conducted by the Privileges and Procedures Committee very few of those consulted wished to revert to the former committee system. Those who support the new system
consider that co-ordination between government departments has been improved and decision-making streamlined. In addition, many point out that the establishment of the five scrutiny panels and a PAC with proper administrative support has introduced a level of formal scrutiny that did not previously exist. Those who are critical of the new
system consider that the distinction between those who serve as Ministers or Assistant Ministers and those who do not has caused a division between Members and left some Members feeling isolated from the business of government. In the coming years, the new system
of government will undoubtedly evolve and be amended in the light of experience. It is nevertheless likely that, for as
long as there is an absence of a formal party system in Jersey, the consequential need to find consensus on issues between independent Members will means that the Assembly will retain a strong rôle in limiting the power of the executive and holding it to account.
Ministerial Democracy
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