Select a region
States Members have agreed that jurats should be allowed to retire before the age of 72 as long as they have served for at least six years.
Made yesterday, the decision followed a debate during which politicians raised issues with the potentially discriminatory nature of the age limit to serve in the role.
Under current rules, a Jurat has to leave office at the age of 72, but can retire earlier if they have a physical or mental incapacity, or have failed to perform their duties.
Chief Minister Senator John Le Fondré put forward the proposal to allow Jurats to leave on “agreed terms”, as long as they give six months’ notice and have served for at least six years.
His proposition also allow sought to allow the Bailiff to call upon any ‘ex-Jurat’ who has ceased to hold office or retired, up to the age of 75, to return “for specific purposes", increasing the pool of people available to be appointed.
Assistant Chief Minister Deputy Rowland Huelin presented the proposition to the Assembly on behalf of the Chief Minister, who currently has covid, noting he would help encourage more into the role to know they do not have to commit until the age of 72.
During the debate, several States Members raised concerns that the fact the law currently states individuals can only become a Jurat if they are between the ages of 40 and 72, which they described as discriminatory.
Deputy Montfort Tadier said that, despite the amendments sought by the Chief Minister, the law remained problematic. He also took issue with the selection process for Jurats, which he described as “highly unsatisfactory”.
He asked for the proposition to be referred back to obtain more information about what consideration had been given to “the fairness and equity” of the law and how it compares with modern day standards in terms of human rights and the Discrimination Law, among other things.
His suggestion was defeated, however.
The States Assembly has voted to APPROVE the proposed changes relating to the appointment, eligibility, and retirement of Jurats. https://t.co/yd9i98YHms
— States Assembly - Jersey's elected parliament (@StatesAssembly) February 10, 2022
Deputy Huelin said the issues raised during the debate were “out of scope” as the amendments only sought to introduce a more flexible system for retirement, at the request of Jurats.
He said the maximum age for the role reflected its complexity, noting that Jurats often sit on lengthy cases which require “mental effort”.
The Assembly approved the proposals with 35 votes for and 10 against.
Comments
Comments on this story express the views of the commentator only, not Bailiwick Publishing. We are unable to guarantee the accuracy of any of those comments.