On the Record: Social Policy

Friday 02 October 2020

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Express has created a series of resources to guide readers through some of the key issues tackled by the outgoing States Assembly, including what members proposed and which way they voted on social policy issues.

This piece will look at some of the critical social issues explored by this assembly, including rights and protections for various groups of people on the island.

DISCRIMINATION:

The long-awaited Discrimination Ordinance, which began life in the previous assembly as disability legislation, was approved this July, and will provide sweeping protections on various grounds for all islanders between now and 2027. Several successful amendments were passed which brought some of those grounds into earlier phases on implementation, but others proposed more sweeping changes to the ordinance.

An amendment laid by Deputies Hansmann Rouxel and Merrett hoped to create an Equality & Rights Advisory Committee, so that the legislation can be informed by the experience of independent people and relevant third-sector groups. The amendment was lost 9-28. 

POUR:

Tindall, Tooley, Gollop, Le Pelley, Merrett, Fallaize, Hansmann Rouxel, Green, de Sausmarez

CONTRE:

Brehaut, Parkinson, Lester Queripel, Le Clerc, Leadbeater, Mooney, Trott, St Pier, Stephens, Meerveld, Inder, Lowe, Laurie Queripel, Smithies, Graham, Paint, Dorey, Le Tocq, Brouard, Dudley-Owen, De Lisle, Langlois, Soulsby, Roffey, Prow, Oliver, Roberts, Snowdon

NE VOTE PAS:

McSwiggan

ABSENT:

Ferbrache

 

ABORTION:

A month before this, the States voted on modernisation of the Abortion Law, making the procedure more accessible through various means. All of the propositions were approved as laid and none of the 11 amendments were carried.

One key aspect of the bill, which increased the threshold for an abortion to 24 weeks, was carried 23-13. 

POUR:

Ferbrache, Tindall, Brehaut, Tooley, Parkinson, Le Clerc, Leadbeater, Trott, Le Pelley, Merrett, St Pier, Fallaize, Lowe, Hansmann Rouxel, Green, Brouard, McSwiggan, De Lisle, Langlois, Soulsby, de Sausmarez, Roffey, Oliver

CONTRE:

Gollop, Mooney, Stephens, Meerveld, Inder, Laurie Queripel, Smithies, Graham, Paint, Dorey, Le Tocq, Dudley-Owen, Prow

NE VOTE PAS:

Lester Queripel

ABSENT:

Roberts, Snowdon

Pictured: Campaigners from both sides gathered outside the Royal Court on the day of the debate on new abortion legislation. 

 

SEXUAL ASSAULT:

In the same meeting, the Sexual Offences Law 2020 was carried unanimously, placing the burden of proof in sexual assault cases on the defendant, who must prove that the claimant provided consent and was able to do so of their own volition.

Deputies St Pier and de Sausmarez introduced an amendment which specifically included alcohol in this change, and accounted for the possibility that someone who is intoxicated through alcohol or other substances might be overpowered or otherwise unable to give consent.

The amendment was carried 32-5-2.

POUR:

Tindall, Brehaut, Tooley, Gollop, Parkinson, Lester Queripel, Le Clerc, Trott, Le Pelley, Merrett, St Pier, Stephens, Fallaize, Inder, Laurie Queripel, Smithies, Hansmann Rouxel, Paint, Dorey, Le Tocq, Brouard, Dudley-Owen, McSwiggan, De Lisle, Langlois, Soulsby, de Sausmarez, Roffey, Prow, Oliver, Roberts, Snowdon

CONTRE:

Ferbrache, Mooney, Lowe, Graham, Green 

NE VOTE PAS:

Leadbeater, Meerveld

 

SAME-SEX MARRIAGE:

In September 2016, the then-fledgling assembly made good on the promise of the previous to legalise same-sex marriage. It was not however unanimous and resulted in a vote that carried by 33-5.

POUR:

Ferbrache, Tindall, Brehaut, Tooley, Gollop, Parkinson, Lester Queripel, Le Clerc, Leadbeater, Trott, Le Pelley, Merrett, St Pier, Stephens, Meerveld, Fallaize, Lowe, Hansmann Rouxel, Graham, Green, Dorey, Le Tocq, Brouard, Dudley-Owen, McSwiggan, Langlois, Soulsby, Sausmarez, Roffey, Prow, Oliver, Jean, McKinley

CONTRE:

Kuttelwascher, Mooney, Laurie Queripel, Paint, De Lisle

ABSENT:

Smithies

 

ASSISTED DYING:

A requete was laid in May 2018 asking the assembly to consider allowing assisted dying on the island. While Deputies carried an amendment to create a ‘Working Group’ to carry out consultation on the matter, the propositions were lost 14-24 in the final vote, along with the rest of the propositions.

POUR:

Brehaut, Tooley, Lester Queripel, Le Clerc, Trott, Merrett, St Pier, Fallaize, Laurie Queripel, Hansmann Rouxel, Langlois, de Saumarez, Roffey, Oliver

CONTRE:

Ferbrache, Kuttelwascher, Tindall, Gollop, Leadbeater, Mooney, Stephens, Meerveld, Inder, Lowe, Smithies, Graham, Green, Paint, Dorey, Le Tocq, Brouard, Dudley-Owen, McSwiggan, De Lisle, Soulsby, Prow, Jean, McKinley

ABSENT:

Parkinson, Le Pelley

 

ORGAN DONATION:

May this year saw the introduction of an opt-out scheme for organ donation, which was initially approved in late 2018. Debate saw some opposition to the idea of ‘deemed consent,’ but the legislation brought forward by HSC was carried 25-14. 

POUR:

Tindall, Brehaut, Tooley, Gollop, Parkinson, Le Clerc, Trott, Merrett, St Pier, Fallaize, Lowe, Hansmann Rouxel, Green, Dorey, Le Tocq, Brouard, McSwiggan, Langlois, Soulsby, de Sausmarez, Roffey, Prow, Oliver, Roberts, Snowdon 

CONTRE:

Ferbrache, Lester Queripel, Leadbeater, Mooney, Le Pelley, Stephens, Meerveld, Inder, Laurie Queripel, Smithies, Graham, Paint, Dudley-Owen, De Lisle

Pictured: Islanders' organs will now be used for medical purposes after their death unless they manually declare that they do not want this to happen, thanks to new legislation approved this year.

 

DEPUTIES' PAY:

In September 2019, States’ Members voted against the freezing of Deputies’ pay 14-18 in propositions laid by P&R, but did agree to complete an independent review of States and non-States’ members’ pay by May 2022.

POUR:

Parkinson, Lester Queripel, Mooney, St Pier, Stephens, Inder, Lowe, Laurie Queripel, Graham, Le Tocq, Langlois, Soulsby, Prow, Oliver

CONTRE:

Ferbrache, Kuttelwascher, Tindall, Brehaut, Gollop, Le Clerc, Leadbeater, Merrett, Meerveld, Fallaize, Hansmann Rouxel, Green, Paint, Dorey, De Lisle, de Sausmarez Roffey, Roberts

NE VOTE PAS:

Le Pelley, Brouard, Snowdon

ABSENT:

Tooley, Trott, Smithies, Dudley-Owen, McSwiggan