Connétables (Miscellaneous Provisions) (Jersey) Law 2012

This weekend I'm discharging the functions of Connétable of Saint Helier. How come? Since 2012 legislation has empowered the Procureurs du Bien Public of a Parish to act in place of the Connétable (in the Parish but not in the States) in case of incapacity or absence. The senior Procureur (i.e. the longest serving) takes over in the first instance, but if he/she is not available then the junior Procureur takes over. However the junior Procureur may take over the functions of Connétable instead of the senior Procureur (even if the senior Procureur is available) with the consent of HM Attorney General.

The law is the Connétables (Miscellaneous Provisions) (Jersey) Law 2012, and although it is reasonably clear, one could envisage problems.

For example, how ill would a sitting Connétable have to be for a Procureur to take over? And who decides?

The question of absence from the Island is clearer. If the Connétable is out of the Island for more than 7 days, then a Procureur discharges the functions of the office. If however the Connétable is out of the Island for 7 days or less then the Connétable may continue to discharge her/his functions in absentia provided they've informed at least one of the Procureurs of their intention to do so. The logic of the law is that if they want to continue discharging their functions while away, they have to notify a Procureur before leaving the Island - and cannot change their mind while they are away (because they cannot discharge any function of Connétable that is being discharged by a Procureur).

So rather than being the case that a Connétable may delegate functions to a Procureur in their absence from the Island, the transfer of power is automatic unless the Connétable takes the notifying step.

There are exemptions: a Procureur cannot exercise any function relating to the States Assembly or the Comité des Connétables, and decisions regarding the appointment or removal of the Chef de Police can only made following consultation with HM Attorney General.

All this works fine provided the Connétable and Procureurs work as a team. However possibilities for mischief exist as potentially a Procureur in the absence of the Connétable would have the power to undo a lot of the Connétable's administrative agenda. And unlike an appointed assistant, a Connétable cannot remove a Procureur.

Also as the Connétable is ex officio president of the Roads Committee and is required under the Loi (1914) sur la Voirie to convene the Roads Committee whenever asked by at least one member. So in theory the Connétable could be away, the Procureur in charge could receive a request to convene the Roads Committee, would have to comply, and a slim majority of a quorum of the Roads Committee could effect major changes in policy.

Some of these issues will need to be considered when putting the municipal administration of Saint Helier on a modern legal basis, and if we foresee the possibility of an entrenchment of party politics in the Island, what will happen if Connétable & Procureurs are from different parties?




Extract of law:

4        Circumstances in which Connétables’ functions are exercisable by Procureur du Bien Public

(1)     In the event of the Connétable of a parish –

(a)     being unable to discharge the functions of office for any reason including, without prejudice to the generality of the foregoing, illness or injury;

(b)     being absent from Jersey except where the absence is for 7 days or less and the Connétable informs either or both of the Procureurs du Bien Public of the parish that the Connétable will discharge the functions of office during that period of absence; or

(c)     no longer holding office for any reason pending that office being filled in accordance with any other enactment,

the functions of the Connétable, while such inability, absence or gap in office continues, shall be discharged by the senior of the 2 Procureurs du Bien Public of the parish, as determined in accordance with paragraph (4), except where paragraph (2) or (3) applies.

(2)     Instead of the senior of the 2 Procureurs du Bien Public, the other Procureur du Bien Public may, with the consent of the Attorney General discharge any or all of the functions of the Connétable under this Article.

(3)     If the senior of the 2 Procureurs du Bien Public is unable, for any reason, to discharge any or all of the functions of the Connétable under this Article the other Procureur du Bien Public shall discharge the functions that the senior Procureur is unable to discharge.

(4)     For the purposes of this Article, the seniority of the 2 Procureurs du Bien Public shall be determined by –

(a)     their respective seniority in office;

(b)     if that seniority cannot be distinguished, their respective periods of continuous service in the relevant parish; or

(c)     if seniority in office and period of service cannot be distinguished, their respective seniority in age.

(5)     For the purposes of this Article “functions of the Connétable” or “function of office” do not include any of the following functions –

(a)     attending the States Assembly as a member of the States of Jersey;

(b)     acting as a member of the Supervisory Committee within the meaning of the Rates (Jersey) Law 2005[1];

(c)     acting as a member of the Comité des Connétables; and

(d)     anything incidental to any of the above functions.

(6)     The customary law is abrogated to the extent that it provides for a Chef de Police of a parish to deputise for the Connétable of the parish.

(7)     Any function under any other enactment relating to the appointment of a person to the office of Chef de Police of a parish by the Connétable shall be exercised by the Procureur du Bien Public under this Article only after consultation with the Attorney General.

(8)     Any function under any other enactment relating to the removal of a person from the office of the Chef de Police of a parish by the Connétable shall be exercised by a Procureur du Bien Public under this Article only with the consent of the Attorney General.

(9)     This Article is without prejudice to Article 20 of the Public Elections (Jersey) Law 2002[2].