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States of Jersey elections: pre-election procedures for States meetings and the lodging of propositions (P.88/2018): amendment

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STATES OF JERSEY

STATES OF JERSEY ELECTIONS: PRE-ELECTION PROCEDURES FOR STATES MEETINGS AND THE LODGING OF PROPOSITIONS (P.88/2018): AMENDMENT

Lodged au Greffe on 29th May 2018 by Deputy J.M. Maçon of St. Saviour

STATES GREFFE

2018  P.88 Amd.

STATES OF JERSEY ELECTIONS: PRE-ELECTION PROCEDURES FOR STATES MEETINGS AND THE LODGING OF PROPOSITIONS (P.88/2018): AMENDMENT

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PAGE 2, NEW PARAGRAPH –

After paragraph (b), insert the following new paragraph and re-designate the remaining paragraphs accordingly –

"(c)  that the prohibition on the lodging of propositions does not extend

to the lodging of propositions that concern rescinding Ministerial Decisions or Orders, propositions relating to land transactions under Standing Order 168, and propositions lodged alongside petitions;".

DEPUTY J.M. MAÇON OF ST. SAVIOUR

Note:  After this amendment, the proposition would read as follows –

THE STATES are asked to decide whether they are of opinion

  1. that the Privileges and Procedures Committee and the Comité des Connétable s should ensure that the Assembly does not ordinarily meet in  the  week  before  the  week  in  which  election  candidates  are nominated;
  2. that the lodging of propositions (other than amendments) should be prohibited during the period from 2 months before the date on which election candidates are first nominated until the date of the election;
  3. that the prohibition on the lodging of propositions does not extend to the  lodging  of  propositions  that  concern  rescinding  Ministerial Decisions or Orders, propositions relating to land transactions under Standing Order 168, and propositions lodged alongside petitions;
  4. that a procedure should be devised for enabling a proposition to be lodged and debated in an emergency during the period when lodging is ordinarily prohibited;
  5. to request the Privileges and Procedures Committee to bring forward amendments to Standing Orders to give effect to these changes;
  6. to request the Privileges and Procedures Committee to undertake a more general review of the purdah rules applying to the Assembly, scrutiny panels and committees and Ministers, and to present a report, with recommendations, to the Assembly on purdah.

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P.88/2018 Amd.

REPORT

Whilst considering this matter further, I've realised that in some cases the only ability to challenge Ministers during this period on subordinate legislation would require a proposition to be lodged, e.g. to challenge a Ministerial Decision or Order, or a property transaction. Part of the reason these were taken out of the Assembly was as a safeguard, so that Members could lodge propositions to challenge these decisions. I do not want to remove these rights.

Also, it is important to retain the right to bring a proposition alongside a petition at any time.

Financial and manpower implications

There are no financial or manpower implications for the States arising from this amendment.

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P.88/2018 Amd.