Wider access to electoral register and electoral reform

1240/5(2568)

WRITTEN QUESTION TO THE PRESIDENT OF THE PRIVILEGES AND PROCEDURES COMMITTEE BY DEPUTY G.P. SOUTHERN OF ST. HELIER

ANSWER TO BE TABLED ON TUESDAY, 21st JUNE 2005

Question

Would the President inform members –

1. whether the Committeeintendsto give wider access to the electoral register when Article 11ofthePublic Elections (Jersey) Law 2002, specifically states that there are to beonlythree places for inspection of the register, namely the Parish Hall , Jersey Library and the Judicial Greffe, and , if so, how?
2. whether the Committee intends to address the existing difficulty in accurately updating the register by targeting thosenoton the register in view of the fact that nobody other than a properly nominatedcandidate in an election can receive a copyof the register and, then, only after the date of that nomination meeting?
3. whether the Committee intends to putforward changes to the election law as a matterof priority, and whether this will be in time for the 2005 elections? and,
4. whether the proposals for improving registration and turnout will be superseded by more fundamental changes to the law?

Answer

1. Article 11of the PublicElections(Jersey)Law2002,servestoset a minimum level of access to the electoral register. It doesnot automatically precludewider accessibility. The Committee hassoughtadvice from the Data Protection Registraron this issue. It understands that it would bepossiblefor the Committee,working with the Connétable s, to locate temporary centres in andaround the townareaduringAugust and in early September, for the purposes of raising awarenessandtoenable people to apply for registration. Possible locations for the foregoing include:King Street; the Waterfront entertainment site;the Royal Square; and, the Jersey Live concert, which is scheduledto take place in thegroundsof the Royal Jersey Agricultural and Horticultural Society.
2. Opening up the register toother parties, forexample to membersof a political party whomightwishto gain access inthemonths leading uptoan election, would require an amendment to Article 11ofthePublic Elections (Jersey)Law 2002. Itisnotpossible to make substantiveamendments to theLaw in time for the 2005 elections. With regard to the issueofwider access to the electoral register in force for anelection, members may wishto note that Article 12(2)(b) oftheLawhasnotyetbeenbrought into force,primarily because of human rights issues arising from the onward sale of personal data. Indeed, the Committee understands that the Comitédes Connétable s favours the removalof the said Article from the Law.
3. The Committee is not in a position to bring forward proposals for amendments to thePublic Elections (Jersey) Law2002,prior to the 2005 elections. It hadintended to bring forward a number of proposals,as outlined in its consultationpaperR.C.7/2005,earlierin the year.However, the Committee was advised that the vast majorityof its proposalswere, in law drafting terms, comparatively complex.Moreover,itwas unable to proceed with its remainingproposalswithout adversely affecting the integrity of the electoral process. For example, itwasclearto the Committee that measurestoincrease accessibility to the postal vote could notbebroughtforwardwithoutcorresponding proposals to guard against the risk ofabuse of the postal voting system.
4. A recent bid to secure law drafting time in the 2006programmewas unsuccessful. However, the Committee remains hopeful that a future Privileges andProceduresCommitteewill see fit to push for the electoral reforms proposed in R.C. 7/2005. Membersmayalsowishto note that on9thJune2005,theCommittee elected to form a Working Party, chaired by Deputy Peter Troy of St. Brelade , topromote registration of

voters for the forthcoming elections. The group will be assisted by Mrs. K. Le Quesne, head of the States

Communications Unit. Although its primary task is to promote electoral registration, the Working Party will be empowered to make recommendations concerning reform of the Public Elections (Jersey) Law, should it feel the need to do so.