Under current election laws, Senators and Deputies can be barred from office for a range of reasons, including if they are declared or become en désastre (bankrupt), if they are detained under mental health laws, or if they are convicted of a corruption offence.
However, the same rules do not apply to the Island’s 12 parish Constables.
Proposed changes to the law, which have been lodged by the Privileges and Procedures Committee, are to be debated when the States reconvene after the Christmas break.
If the proposals are approved, they would create the same barriers to holding the office of Constable that are faced by prospective Senators and Deputies. The changes would come into force in time for the general election in May.
Deputy Mike Higgins lodged proposals calling for the Constables to be subject to the same restrictions as other politicians in 2016. His proposition was approved by Members last year, but could not be brought into force without the legislation being updated by the Privileges and Procedures Committee. The PPC proposals also include provisions which would prevent non-British citizens from standing as Constables.
Currently, non-British citizens can only serve as Constables, while British citizens not born in the Island – including those with dual-nationality status – can serve as any class of politician, providing they have been living in the Island for two years.
There are also no restrictions on Deputies being required to live in the parish they represent, while Constables must reside in the parish they are seeking to lead.
However, Reform Jersey politician Deputy Montfort Tadier has lodged an amendment calling for rules which require Constables to be British citizens and for Constables to live in the parish they represent to be scrapped.
Deputy Tadier lodged a proposition last year calling for citizenship rules for politicians to be relaxed. The move was rejected by 31 votes to eight.
In 2014, Polish-born Konrad Kruszynski, who had British nationality, ran for a Senatorial seat. He came second to last in the polls with 2,059 votes.
Regarding the removal of the requirement that a Constable must live in the parish, Deputy Tadier said in his amendment: ‘It was a principle of the original proposition from Deputy Higgins (that PPC seeks to implement) that the same qualification criteria should apply to Senators, Constables and Deputies.
‘The Draft Law lodged by PPC does not deliver that entirely and the second part of my amendment therefore aims to ensure greater parity across the three types of elected member.’
The proposals and the amendments are due to be debated on Tuesday 16 January.
