Reports accompanying Propositions: guidelines.

STATES OF JERSEY

REPORTS ACCOMPANYING PROPOSITIONS: GUIDELINES

Presented to the States on 29th April 2010 by the Privileges and Procedures Committee

STATES GREFFE

2010   Price code: A  R.48

REPORT

1. The Privileges and Procedures Committee has been approached by the Data Protection Commissioner who has asked the Committee to consider whether guidelines should be issued in relation to the inclusion of personal information in reports. The Committee has discussed this matter and agreed to issue the following guidance to assist members.
2. The Committee recognises that the freedom of speech given to members by parliamentary privilege is a fundamental right and one that must be defended. No civil or criminal proceedings can be instituted against any member in respect  of  anything  he  or  she  has  written  in  a  report  accompanying  a proposition.  The  Committee  is nevertheless  conscious  that  members  have imposed certain restrictions on themselves concerning the matters that can and that cannot be included in speeches through the rules set out in Standing Order 104 (see Appendix). The Committee notes that the former Bailiff ruled, using his power under Standing Order 167(1), that these same restrictions should apply to the contents of reports; and the Committee supports this ruling as it would be illogical to suggest that matters that would be out of order if spoken in the Assembly could simply be included in a written report instead.
3. Historically,  propositions  and  reports  were  printed,  circulated  to a  small number of other people and then made available for purchase in hard copy from the States Greffe. They were also available in hard copy at the Jersey Public Library. In practice, the documents were not easily accessible outside the Island and certainly not searchable from other parts of the world. The advent  of  publication  on  the  Internet  has  made  a  huge  change.  Standing Order 170(3)(c) requires the Greffier of the States to publish all propositions on the States Assembly website as soon as possible after they are lodged. This means  that  all  propositions  and  accompanying  reports  are  immediately available across the world and searchable through Internet search-engines. PPC believes itis therefore incumbent on members to adopt a responsible attitude when drafting reports.
4. The Code of Conduct for Elected Members (paragraph 8) states that: "Elected members must at all times have regard to all relevant data protection, human rights and privacy legislation when dealing with confidential information and be aware of the consequences of breaching confidentiality".
5. Names  of  persons  who  are  not  members  of  the  Assembly  should  not  be included  in reports  unless  there  are  very  compelling  reasons  to do  so. Whenever a person such as a public sector employee has a job title, that should  be  used  rather than  his  or  her  name.  Personal  home  addresses  of individuals should not be included. In general, every care must be taken not to include personal information about identifiable individuals.
6. Particular care should be taken when dealing with Unreported Judgements of the Royal Court. These are available through the Jersey Legal Information Board (JLIB) website to persons who register with the site. The conditions of use  of  registration  make  it clear  that:  "information  accessed  will  not  be reproduced,  stored  in  a  retrieval  system,  further  processed,  transmitted, copied or otherwise disseminated without the prior permission, in writing, of

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JLIB". It is therefore inappropriate to quote from such judgements without permission  from  the  Judicial  Greffe  as  this  breaches  the  conditions  of registration. Although some court unreported judgements do not contain any personal or private information some, particularly those in cases involving children,  may  contain  significant  amounts  of  personal  information  where publication could lead to harm to the individuals concerned.

R.48/2010

APPENDIX

104  Contents of speech

1. A speech by a member of the States must be relevant to the business being discussed.
2. A member of the States must not –

1. unduly repeat his or her own arguments or the arguments of others;
2. use  offensive  or  insulting  language  about  any  member  of  the States;
3. impute improper motives, directly or by innuendo, to any member of the States;
4. refer to the private affairs of any member of the States, unless they are of direct relevance to the business being discussed;
5. use  the  name  of  Her  Majesty  the  Queen  or  the  Lieutenant- Governor in order to seek to influence the States;
6. refer to the conduct of Her Majesty the Queen, any other member of the Royal Family, any member of the States or any Jurat or other person performing judicial functions, unless the debate is upon a proposition the purpose of which isto discuss such conduct;
7. refer to a case pending in a court of law in such a way as might prejudice the case;
8. seek, within a debate, to re-open discussion of, a decision of the States made within the preceding 3 months, unless the debate is upon a proposition to rescind the decision; or
9. refer to any individual who is not a member of the States by name, unless use of the individual's name is unavoidable and of direct relevance to the business being discussed.