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Commissioner for Standards Annual Report 2021-2022

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STATES OF JERSEY

COMMISSIONER FOR STANDARDS: ANNUAL REPORT 2021-2022

Presented to the States on 7th September 2022 by the Privileges and Procedures Committee

STATES GREFFE

2022  R.123

REPORT

The Privileges and Procedures Committee would like to place on record its thanks to Mr. Paul Kernaghan, C.B.E., Q.P.M., the Commissioner for Standards, for his work during the period from 1st September 2021 to 31st August 2022.

In accordance with the provisions of Article 12 of the Commissioner for Standards (Jersey) Law 2017, the Committee is pleased to lay the Commissioner's Annual Report before the States.

3

Foreword

This report, the fifth of its type, covers the period 1st September 2021 to 31st August 2022.

The reporting period reflects the fact that my appointment as the Commissioner for Standards commenced on 1st September 2017.

The creation of the post of Commissioner for Standards was provided for by the Commissioner for Standards [Jersey] Law 2017.

Once again, I would like to place on record my thanks to all who have assisted me the during the year under review.

This report is published in compliance with the requirements of Article 12 of the Commissioner for Standards [Jersey] Law 2017.

Review of the year

2021/22 saw a significant reduction in the number of complaints lodged with my office. A total of three complaints were received compared to twelve in the preceding year. One was the subject of a formal report to the PPC, whilst one could not be pursued owing to a lack of cooperation by the complainant when asked to provide some additional basic detail and the third complaint was against an individual who had ceased to be an Elected Member of the States. In addition to formal complaints, I have as always sought to assist other correspondents who highlighted concerns, even when they did not fall within my remit.

Complaints

Formal complaints received: 3

Complaints disposed of as follows:

  1. complaints dismissed: 0
  2. resolved by remedial actions: 0
  3. referred to the Privileges and Procedures Committee: 1
  4. because fell outside remit:1
  5. because anonymous, or failure to comply with other requirements (e.g. lack of evidence): 1
  6. because of repeating allegations of previous inquiry: 0
  7. because frivolous or vexatious: 0

R.123/2022

The one complaint which I upheld and referred to the PPC involved the behaviour of a Member of the States in respect of a complaint that they had personally lodged about a States' employee. This is the second occasion when I have upheld a complaint lodged by a States' employee against an Elected Member. In view of the close relationship between Elected Members and States' employees, I feel it is incredibly important that due regard is had to the guidance and restrictions contained in Sections 5 & 6 of the Code of Conduct for Elected Members.

The future

I was appointed in 2017 on the basis of a five year tenure and was thus due to stand down on 31/8/22. However, to facilitate a recruitment process for my successor and recognising that a new Privileges and Procedures Committee would only be appointed in July 2022, I agreed to accept a six month extension. This will be my last annual report but I will refrain from making any valedictory comments prior to stepping down in February 2023.

Paul Kernaghan CBE QPM Commissioner for Standards