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| STATES OF JERSEY r COMMISSIONER FOR STANDARDS: ANNUAL REPORT 2018–2019 |
| Presented to the States on 9th October 2019 by the Privileges and Procedures Committee |
| STATES GREFFE |
2019 R.128
FOREWORD BY THE CHAIRMAN OF THE PRIVILEGES AND PROCEDURES COMMITTEE
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 2018 to 31st August 2019.
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
REPORT
Introduction
This Report, the second of its type, covers the period 1st September 2018 to 31st August 2019.
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.
I would like to place on record my thanks to all who have assisted me during the year under review. The Greffier and his staff have provided invaluable support, and changes in personnel have had no effect in terms of quality of service.
This Report is published in compliance with the requirements of Article 12 of the Commissioner for Standards (Jersey) Law 2017.
Review of the year
I was appointed as the States of Jersey Commissioner for Standards on 1st September 2017, and the role and function of my office now appears to be well-established. I am responsible for investigating alleged breaches of the Code of Conduct for Elected Members and the Code of Conduct and Code of Practice for Ministers and Assistant Ministers. I am independent of both the States Assembly and its administration in the exercise of my functions. However, I am grateful for the administrative support provided by the Greffier and his staff.
Complaints
The complaints I have dealt with from 1st September 2018 to 31st August 2019 are set out in the table below.
Formal complaints received ...................................................................... | 4 |
Complaints disposed of as follows – | |
(a) complaints dismissed ....................................................................... | 1 |
(b) resolved by remedial action ............................................................. | 0 |
(c) referred to the PPC........................................................................... | 1 |
(d) because fell outside remit ................................................................ | 1 |
(e) because anonymous, or failure to comply with other requirement (e.g. lack of evidence) ...................................................................... | 1 |
(f) because repeating allegations of previous inquiry ........................... | 0 |
(g) because frivolous or vexatious ......................................................... | 0 |
R.128/2019
My second year in office has reinforced my view that the people of Jersey take a strong interest in the proceedings of the States Assembly and the actions of their elected representatives.
However, the reduction in complaints made to my office is to be welcomed. In addition to formal complaints, I have engaged in dialogue with several individuals to assist them in resolving issues. In most cases they have recognised that the Codes of Conduct are not relevant to their situations.
The future
I cannot anticipate the future level of complaints, but hope that the current low level may be sustained. The year under review did see one particularly significant case investigated, which broke new ground in that it addressed the relationship of an Elected Member with a public servant. This was, without doubt, the most serious case I have dealt with to date, and I trust that my report will reinforce the need for appropriate professional relationships between the two groups, both of which have key roles to play in serving the people of Jersey.
Paul Kernaghan, C.B.E., Q.P.M. Commissioner for Standards