Prow succeeds in defeating bid to relax Reform Law rules
HOME AFFAIRS president Rob Prow led a successful motion which defeated a proposal to relax some of the rules which disqualify people with convictions from standing for the States.
The Reform Law excludes anyone who, during the five years preceding the election, was sentenced to imprisonment for a period of six months or more by a court in the UK, the Channel Islands or the Isle of Man, whether or not the sentence was suspended.
The States Assembly & Constitution Committee wanted the disqualification rule to apply only to what it considered relevant offences in the past five years – electoral offences, fraud or corruption – or to people serving a year or more in jail.
Deputy Prow’s amendment recommended retaining the current arrangements instead of SACC’s suggested reforms.
It also proposed disqualifying anyone found guilty of an offence locally or elsewhere and sentenced to imprisonment or detention for more than one year who is serving that sentence anywhere in the UK, Channel Islands or Isle of Man.
‘In this Assembly, we often highlight that Guernsey is a safe and secure place to live and work and bring up children and a jurisdiction which is stable and takes its international obligations extremely seriously,’ said Deputy Prow.
‘This amendment seeks to maintain that the freedom to stand for election is balanced against the need to ensure a safe and secure community.
‘[Current legislation] has held us in good stead over many elections and more than adequately achieves that balance.
‘The Reform Law is deemed fully complaint with European Convention of Human Rights requirements and in this regard has never been subject to challenge.’
SACC president Carl Meerveld welcomed the amendment for providing the Assembly with a range of options.
He explained that his committee’s proposed liberalisation of the rules had followed criticism from independent election observers who felt the current arrangements may be too draconian.
Deputy Tina Bury described the changes proposed by SACC as ‘very significant’ and urged members to back Deputy Prow’s amendment.
‘The matter is complicated.
‘The two primary issues relating to this are the matter of risk, both practically and reputationally, and the matter of the electorate’s right to information about who they are voting for,’ she said.
‘If the amendment is passed, both the functioning of government and the electorate are afforded a reasonable level of protection.
‘The electorate, most importantly, can know that, by the rules of eligibility, they will not unwittingly be voting for anyone who has received a conviction for any offence deemed serious enough to attract a prison sentence of six months or more in the past five years.
‘It’s broad but it includes a level of severity bar which has to be reached.’
Deputy Prow’s amendment was carried 24-6.
Five members abstained, two did not vote and three were absent.
