Recall powers for misbehaving politicians back on the table
A MECHANISM to allow Islanders to sack politicians between elections is set to be examined by the body responsible for policing States Members’ conduct, amid renewed questions over the power to remove elected representatives following a series of court cases. Under current rules, the Privileges and Procedures Committee – the body which oversees the States Assembly’s Code of Conduct – can only suspend a politician for breaches of the rules governing Members’ behaviour for a maximum of 28 days. This happened last month when St Saviour Deputy Philip Ozouf was suspended by the Assembly following his conviction in the Magistrate’s Court for motoring offences for which he was fined. Deputy Ozouf has since pleaded guilty to further offences of assisting unlawful immigration in the Royal Court, which could result in a prison sentence. The crimes have prompted questions surrounding the conduct of States Members and the powers to remove them from office. In the UK, a politician can be recalled whereby voters act to remove an elected representative between elections by signing a petition. A recall is successful if 10% of eligible registered voters sign the petition and if the threshold is not met the MP retains their seat. A recall mechanism in the UK can only be called under three circumstances: if an MP is convicted of an offence for which they are jailed; if they are suspended from the House following a report and recommended sanction from the Committee on Standards for a period of at least 10 sitting days, or at least 14 days; or if they are convicted of making false or misleading claims in parliament. While any such mechanism would be unlikely to be brought in before next summer’s election, PPC chair Deputy Steve Ahier confirmed to the JEP that its introduction is currently under discussion. He said: “Recall mechanisms have been raised within the committee previously even prior to [Deputy Ozouf’s court appearances]. “Under States Standing Orders, we can only suspend a Member for up to a maximum of 28 days. I have, on occasion, suggested that this be extended to three months, which would coincide with the length of prison sentence that one would have to receive before one is removed from the Assembly. I would be looking to do that and I do intend to try to bring that motion forward.” He added that any recall mechanism would need to have strict rules in place to ensure that they are not weaponised for politically motivated reasons. The PPC was recently reconstituted following the resignation of Constable Karen Stone as chair, and work had been started by the previous committee on potential recalls and suspensions. “We are going to be revisiting those ideas on our agenda. I am happy to have those conversations. A number of members of PPC have voiced their concerns about the limitations of the current Standing Orders and so that is something we will have to look at,” he said. The previous PPC committee had discussed the introduction of a recall mechanism, but Deputy Ahier noted that this had not been progressed following consultation with other States Members amid concerns over “misuse”. A “consensus view” was unable to be reached, with the then-PPC committee reporting that they were “concerned about whether such a mechanism would be used fairly and responsibly or weaponised by a vocal minority”. In 2021, former St John Constable Chris Taylor resigned from his position having been ordered to do so by the Royal Court. Mr Taylor was convicted of dangerous driving in the Magistrate’s Court and fined £4,000. It later emerged that he had used parish funds to pay for his legal fees – money which he subsequently repaid. The Royal Court can order a Constable’s resignation as they have legal responsibilities. However, there is no such power to compel a Deputy to resign.