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Standing Orders of the States of Jersey: rescindment of Standing Order 141A(2)(c) (P.101/2018)

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STATES OF JERSEY

STANDING ORDERS OF THE STATES OF JERSEY: RESCINDMENT OF STANDING ORDER 141A(2)(c)

Lodged au Greffe on 23rd August 2018 by Deputy R. Labey of St. Helier

STATES GREFFE

2018  P.101

PROPOSITION

THE STATES are asked to decide whether they are of opinion

to rescind Standing Order 141A(2)(c) to allow a member of the scrutiny panel assigned to the topic of the environment, housing and infrastructure to also be the chairman or a member of the Planning Committee.

DEPUTY R. LABEY OF ST. HELIER

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P.101/2018

REPORT

Members will recall the recent Sitting of the States Assembly where 2 Deputies put themselves forward for election to both the Environment, Housing and Infrastructure Scrutiny Panel and the Planning Committee, and were denied the opportunity to do so by Standing Order 141A(2)(c).

This  proposition  asks  Members  to  consider  whether  such  a  Standing  Order  is appropriate or justifiable.

Does a link even exist between the Environment, Housing and Infrastructure Scrutiny Panel and the unique jurisdiction of the Planning Committee?

Does the Environment, Housing and Infrastructure Scrutiny Panel's remit actually cover planning applications at all, when there already exist 2 formal routes of appeal available to interested parties – should they take exception to a determination – namely the third party  planning  appeal  apparatus  before  an  independently  appointed  UK  Planning Inspector and the Royal Court? Both of these mechanisms provide scrutiny of the Panel's work.

In the life of the last parliamentary session, with regard to the Environment, Housing and Infrastructure Scrutiny Panel and the Planning Committee, it was certainly a case of "never the twain shall meet".

So if in both theory and practice these 2 bodies operate separately and independently of one  another,  it  is  germane  to  question  the  necessity  for  this  Standing  Order. Additionally, in the event of a crossover somehow materialising, the opportunity is available to a potentially conflicted Panel or Committee member of recusing themselves from any initiative or investigation which may lead to him or her being subject to compromise.

In practice, finding recruits for the Planning Committee can be difficult. It is not unnatural  for  those  of  an  environmental  leaning  to  gravitate  towards  both  the Environment, Housing and Infrastructure Scrutiny Panel and the Planning Committee, which is exactly what was witnessed recently.

If  an  unnecessary  impediment  exists  to  prevent  those  with  a  specialised  interest participating fully in functions suited to their expertise to the ultimate benefit of the Island, it is prudent to have it removed.

Financial and manpower implications

There are no financial or manpower implications for the States arising from the adoption of this proposition.

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P.101/2018

Related Publications

Votes

Vote: Adopted 25 September 2018

Minutes

Hansard